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 .
Response to Arguments
Applicant’s amendments and remarks filed on 02/12/2026 with respect to previous claim rejections under 35 U.S.C. 103 have been fully considered and persuasive.
With respect to the newly amended subject matter and applicant’s arguments, the Examiner relies upon newly cited references Yamamoto et al (US 2021/0221359 A1) and Yoon (US 2020/0118439 A1).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: obtaining means, generating means, driver assistance means, creating means and identifying means as in SPEC (paras “0021” and “0033”) in claims 1 and 3-11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents 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.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable in view of Chihiro et al (WO2007/116650A1), (hereafter Chihiro) in further view of Shoda et al (US 2020/0282976 A1) in further view of Yamamoto et al (US 2021/0221359 A1), (hereinafter Yamamoto) in further view of Yoon (US 2020/0118439 A1).
Regarding claim 1, Chihiro discloses a driving assistance device comprising: parking lot obtaining means for obtaining a parking lot in which a vehicle is parked at a destination (see Chihiro para “0025” “the route selecting unit 105 selects a plurality of parking lots, in consideration of the time required for entering the entrance of the parking lot”),
travel path generating means for generating a travel path recommended for a vehicle to travel along when moving from a travel start point to an entrance to the parking lot, using at least road information including information about lanes, facility information including information about the entrance to the parking lot (see Chihiro paras “0027” and “0080” “the mobile unit cost is the time required for the mobile unit to move to the current position parking lot along the candidate route searched by the route search unit 104, the distance from the current position of the mobile unit to the destination, The cost is calculated based on the fee, the number of traffic lights, the width of the road, past traveling frequencies, and the like. In addition, the entry cost is the cost calculated based on the method of entering the entrance of the parking lot” and “For each of the plurality of parking lots and selects the optimum route from among the candidate routes by evaluating the candidate route in consideration of the ease of entry into the parking lot”),
and connection information indicating a connection relationship between lanes included in an entry road and the entrance to the parking lot, the entry road being a road facing the entrance to the parking lot (see Chihiro at least paras “0027” and “0066” “the entry cost is the cost calculated based on the method of entering the entrance of the parking lot. For example, when entering the entrance of the parking lot by turning right on the road on a road on one side lane where one-way traffic is possible, the calculated entry cost will be high, entering the entrance of the parking lot by turning left on the road If you do, the calculated entry cost will be low”),
But Chihiro fails to explicitly teach outside-a-road configuration information obtaining means for obtaining outside-a-road configuration information that identifies a region extending the entry road and the entrance to the parking lot through which a vehicle can pass and a driving assistor, performed by a controller having a processor, for providing driving assistance by controlling steering, a drive force for the vehicle, and braking for a vehicle based on the travel path, wherein the travel path generating means generates a travel path being a part of the travel path and corresponding to movement from the entry road to the entrance to the parking lot, using the connection information and the outside-a-road configuration information.
However, Shoda teaches outside-a-road configuration information obtaining means for obtaining outside-a-road configuration information that identifies a region extending the entry road and the entrance to the parking lot through which a vehicle can pass (see Shoda paras “0023”, “0073”, “0083-0084”, “0095” and “0113” “the information provider 184 performs the notification when the host vehicle M has reached or before reaching the stop area 310. The time when it has reached means, for example, when the host vehicle M has entered the stop area 310. The term of “before reaching” means, for example, before (for example, immediately before) the host vehicle M enters the stop area 310 after turning left on the road Rd and entering the parking lot PA. When the host vehicle M is present in an area AR of FIG. 9, the automated driving control device 100 determines that it is “before reaching”” regarding that the automated driving control device 100 together with the information provider 184 obtains and utilize map-based configuration information (i.e., outside-a-road region) which identifies as the area AR and stop area 310 located between the entry road Rd and the entrance to the parking lot PA. this information identifies a region outside the normal roadway through which the host vehicle M can pass when transitioning from the road into the parking lot and furthermore, the automated driving control device 100 is continuously generating and controlling a travel path corresponding to the vehicle’s movement from the entry road Rd through the area AR/ stop area 310 and into the parking lot PA as shown in figures 9 and 11 and also the control device defines the spatial relationship between road lanes and the parking lot entrance and also defines the geometry and boundaries of the traversable region AR (i.e., using the connection information and the outside-a-road configuration information)),
and a driving assistor, performed by a controller having a processor, for providing driving assistance by controlling steering, a drive force for the vehicle, and braking for a vehicle based on the travel path (see Shoda paras “0023”, “0073”, “0083-0084”, “0095” and “0113” “cause one or more information providing devices to determine whether a vehicle that controls steering and acceleration or deceleration of the vehicle may enter a specific parking facility in which vehicles autonomously park on the basis of a vicinity situation recognized by a vicinity situation recognizer that is configured to recognize the vicinity situation of the vehicle”),
wherein the travel path generating means generates a travel path being a part of the travel path and corresponding to movement from the entry road to the entrance to the parking lot, using the connection information and the outside-a-road configuration information (see Shoda paras “0023”, “0071-0073”, “0083-0084”, “0095” and “0113” “the information provider 184 performs the notification when the host vehicle M has reached or before reaching the stop area 310. The time when it has reached means, for example, when the host vehicle M has entered the stop area 310. The term of “before reaching” means, for example, before (for example, immediately before) the host vehicle M enters the stop area 310 after turning left on the road Rd and entering the parking lot PA. When the host vehicle M is present in an area AR of FIG. 9, the automated driving control device 100 determines that it is “before reaching””),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to determine whether the vehicle may enter a specific parking facility in which vehicles autonomously park, as taught by Shoda (paras. [0071-0073] – [0113]) in order to allow the user to recognize whether a predetermined parking lot can be used in advance or not to avoid entering the parking lot in which the host vehicle cannot park.
But modified Chihiro fails to explicitly teach the outside-a-road configuration information including information about a passage region having a defined shape and dimensions between the entry road and the entrance to the parking lot.
However, Yamamoto teaches the outside-a-road configuration information including information about a passage region having a defined shape and dimensions between the entry road and the entrance to the parking lot (see Yamamoto figure 7 and paras “0056”, “0059-0060”, “0074-0078” and “0091” “vehicle database (vehicle DB) 185V storing vehicle spec information regarding vehicle 5 as a control target, and map database (map DB) 185T storing map data regarding routes where vehicle 5 can travel and parking places”, “As a route for vehicle 5 to move, there are route (movement route) 131 from facility 19 such as the hotel which provides the valet parking service to parking place 110, route (inside route) 135 for vehicle 5 to move inside parking place 110”, “Inside route 135 assumes a substantially ladder shape as a whole by a combination of island routes 135A and crossing routes 135B.”, “it is possible to move to target island 11 by using crossing route 135B and move to target parking frame 111 by using island route 135A. In parking place 110, an entrance and an exit are shared” and “This guiding line 137 forms a substantially arc shape taking magnetic marker 10 laid at a location passing the front of the corresponding parking frame 111 as a starting point to reach magnetic marker 10 closest to the opening inside parking frame 111”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium in order to provide structured vehicle movement through defined parking regions and improve guidance of a vehicle from an entrance area into a parking location, as taught by Yamamoto (paras. [0074-0078]).
But modified Chihiro fails to explicitly teach wherein the travel path generating means calculates a path through the passage region using a clothoid curve based on the outside-a-road configuration information.
However, Yoon teaches wherein the travel path generating means calculates a path through the passage region using a clothoid curve based on the outside-a-road configuration information (see Yoon paras “0073” and “0086” “That is, the controller 130 may secure a free space which allows the host vehicle 10 to enter the available parking space “A” using the trajectory of a clothoid curve or a circular trajectory having a fixed turning radius by controlling the host vehicle 10 so as to move forward from an initial position along the forward trajectory {circle around (1)} and move backward straightly through steering control (a backward-turning trajectory {circle around (2)})”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to generate the vehicle path using a clothoid curve, as taught by Yoon (paras. [0073] – [0086]) in order to provide smoother vehicle trajectory control and improve parking maneuver into a parking space.
Regarding claim 2, Chihiro discloses wherein the connection information includes information that identifies, for each lane included in the entry road, whether the vehicle can enter the entrance to the parking lot from the lane (see Chihiro paras “0021”, “0065” and “0080” “the route selecting unit 105 selects the route from which the vehicle enters the entrance of the parking lot Ease of entry, or judge difficulty to enter” and “For each of the plurality of parking lots and selects the optimum route from among the candidate routes by evaluating the candidate route in consideration of the ease of entry into the parking lot”).
Regarding claim 4, Chihiro discloses wherein the travel path generating means constructs a lane network for a road on which a vehicle travels, using the road information, the lane network being a network representing movement into lanes that can be selected by a vehicle sets, in the lane network, an entry point on the entry road at which the vehicle starts entering the parking lot (see Chihiro paras “0027” and “0074-0076” “the mobile unit cost is the time required for the mobile unit to move to the current position parking lot along the candidate route searched by the route search unit 104, the distance from the current position of the mobile unit to the destination, The cost is calculated based on the fee, the number of traffic lights, the width of the road, past traveling frequencies, and the like” and “a composite cost is calculated by combining the calculated vehicle cost and approach cost, and based on this composite cost, the candidate route corresponding to each of the plurality of parking lots The optimum route is selected from among them (step S 407), and the series of processes according to this flowchart is terminated. Specifically, for example, the combined cost of the vehicle cost and the entry cost is the lowest, and the candidate route is selected as the optimum route”),
and searches for a route that connects the travel start point to the entry point, using costs added to the lane network, and generates, based on a searched route, a travel path being a part of the travel path and corresponding to movement from the travel start point to the entry road (see Chihiro paras “0024-0027” and “0069” “the mobile unit cost is the time required for the mobile unit to move to the current position parking lot along the candidate route searched by the route search unit 104…. In addition, the entry cost is the cost calculated based on the method of entering the entrance of the parking lot. For example, when entering the entrance of the parking lot by turning right on the road on a road on one side lane where one-way traffic is possible, the calculated entry cost will be high, entering the entrance of the parking lot by turning left on the road If you do, the calculated entry cost will be low”).
Regarding claim 11, Chihiro discloses a computer program for causing a computer to function as: parking lot obtaining means for obtaining a parking lot in which a vehicle is parked at a destination (see Chihiro paras “0025” and “0081” “the route selecting unit 105 selects a plurality of parking lots, in consideration of the time required for entering the entrance of the parking lot”),
travel path generating means for generating a travel path recommended for a vehicle to travel along when the vehicle moves from a travel start point to an entrance to the parking lot, using at least road information including information about lanes, facility information including information about the entrance to the parking lot (see Chihiro paras “0027” and “0080” “the mobile unit cost is the time required for the mobile unit to move to the current position parking lot along the candidate route searched by the route search unit 104, the distance from the current position of the mobile unit to the destination, The cost is calculated based on the fee, the number of traffic lights, the width of the road, past traveling frequencies, and the like. In addition, the entry cost is the cost calculated based on the method of entering the entrance of the parking lot” and “For each of the plurality of parking lots and selects the optimum route from among the candidate routes by evaluating the candidate route in consideration of the ease of entry into the parking lot”),
and connection information indicating a connection relationship between lanes included in an entry road and the entrance to the parking lot, the entry road being a road facing the entrance to the parking lot (see Chihiro at least paras “0027” and “0066” “the entry cost is the cost calculated based on the method of entering the entrance of the parking lot. For example, when entering the entrance of the parking lot by turning right on the road on a road on one side lane where one-way traffic is possible, the calculated entry cost will be high, entering the entrance of the parking lot by turning left on the road If you do, the calculated entry cost will be low”),
But Chihiro fails to explicitly teach outside-a-road configuration information obtaining means for obtaining outside-a-road configuration information that identifies a region extending the entry road and the entrance to the parking lot through which a vehicle can pass and a driving assistor, performed by a controller having a processor, for providing driving assistance by controlling steering, a drive force for the vehicle, and braking for a vehicle based on the travel path, wherein the travel path generating means generates a travel path being a part of the travel path and corresponding to movement from the entry road to the entrance to the parking lot, using the connection information and the outside-a-road configuration information.
However, Shoda teaches outside-a-road configuration information obtaining means for obtaining outside-a-road configuration information that identifies a region extending the entry road and the entrance to the parking lot through which a vehicle can pass (see Shoda paras “0023”, “0073”, “0083-0084”, “0095” and “0113” “the information provider 184 performs the notification when the host vehicle M has reached or before reaching the stop area 310. The time when it has reached means, for example, when the host vehicle M has entered the stop area 310. The term of “before reaching” means, for example, before (for example, immediately before) the host vehicle M enters the stop area 310 after turning left on the road Rd and entering the parking lot PA. When the host vehicle M is present in an area AR of FIG. 9, the automated driving control device 100 determines that it is “before reaching”” regarding that the automated driving control device 100 together with the information provider 184 obtains and utilize map-based configuration information (i.e., outside-a-road region) which identifies as the area AR and stop area 310 located between the entry road Rd and the entrance to the parking lot PA. this information identifies a region outside the normal roadway through which the host vehicle M can pass when transitioning from the road into the parking lot and furthermore, the automated driving control device 100 is continuously generating and controlling a travel path corresponding to the vehicle’s movement from the entry road Rd through the area AR/ stop area 310 and into the parking lot PA as shown in figures 9 and 11 and also the control device defines the spatial relationship between road lanes and the parking lot entrance and also defines the geometry and boundaries of the traversable region AR (i.e., using the connection information and the outside-a-road configuration information)),
and a driving assistor, performed by a controller having a processor, for providing driving assistance by controlling steering, a drive force for the vehicle, and braking for a vehicle based on the travel path (see Shoda paras “0023”, “0073”, “0083-0084”, “0095” and “0113” “cause one or more information providing devices to determine whether a vehicle that controls steering and acceleration or deceleration of the vehicle may enter a specific parking facility in which vehicles autonomously park on the basis of a vicinity situation recognized by a vicinity situation recognizer that is configured to recognize the vicinity situation of the vehicle”),
wherein the travel path generating means generates a travel path being a part of the travel path and corresponding to movement from the entry road to the entrance to the parking lot, using the connection information and the outside-a-road configuration information (see Shoda paras “0023”, “0071-0073”, “0083-0084”, “0095” and “0113” “the information provider 184 performs the notification when the host vehicle M has reached or before reaching the stop area 310. The time when it has reached means, for example, when the host vehicle M has entered the stop area 310. The term of “before reaching” means, for example, before (for example, immediately before) the host vehicle M enters the stop area 310 after turning left on the road Rd and entering the parking lot PA. When the host vehicle M is present in an area AR of FIG. 9, the automated driving control device 100 determines that it is “before reaching””),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to determine whether the vehicle may enter a specific parking facility in which vehicles autonomously park, as taught by Shoda (paras. [0071-0073] – [0113]) in order to allow the user to recognize whether a predetermined parking lot can be used in advance or not to avoid entering the parking lot in which the host vehicle cannot park.
But modified Chihiro fails to explicitly teach the outside-a-road configuration information including information about a passage region having a defined shape and dimensions between the entry road and the entrance to the parking lot.
However, Yamamoto teaches the outside-a-road configuration information including information about a passage region having a defined shape and dimensions between the entry road and the entrance to the parking lot (see Yamamoto figure 7 and paras “0056”, “0059-0060”, “0074-0078” and “0091” “vehicle database (vehicle DB) 185V storing vehicle spec information regarding vehicle 5 as a control target, and map database (map DB) 185T storing map data regarding routes where vehicle 5 can travel and parking places”, “As a route for vehicle 5 to move, there are route (movement route) 131 from facility 19 such as the hotel which provides the valet parking service to parking place 110, route (inside route) 135 for vehicle 5 to move inside parking place 110”, “Inside route 135 assumes a substantially ladder shape as a whole by a combination of island routes 135A and crossing routes 135B.”, “it is possible to move to target island 11 by using crossing route 135B and move to target parking frame 111 by using island route 135A. In parking place 110, an entrance and an exit are shared” and “This guiding line 137 forms a substantially arc shape taking magnetic marker 10 laid at a location passing the front of the corresponding parking frame 111 as a starting point to reach magnetic marker 10 closest to the opening inside parking frame 111”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium in order to provide structured vehicle movement through defined parking regions and improve guidance of a vehicle from an entrance area into a parking location, as taught by Yamamoto (paras. [0074-0078]).
But modified Chihiro fails to explicitly teach wherein the travel path generating means calculates a path through the passage region using a clothoid curve based on the outside-a-road configuration information.
However, Yoon teaches wherein the travel path generating means calculates a path through the passage region using a clothoid curve based on the outside-a-road configuration information (see Yoon paras “0073” and “0086” “That is, the controller 130 may secure a free space which allows the host vehicle 10 to enter the available parking space “A” using the trajectory of a clothoid curve or a circular trajectory having a fixed turning radius by controlling the host vehicle 10 so as to move forward from an initial position along the forward trajectory {circle around (1)} and move backward straightly through steering control (a backward-turning trajectory {circle around (2)})”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to generate the vehicle path using a clothoid curve, as taught by Yoon (paras. [0073] – [0086]) in order to provide smoother vehicle trajectory control and improve parking maneuver into a parking space.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable in view of Chihiro et al (WO2007/116650A1), (hereafter Chihiro) in further view of Shoda et al (US 2020/0282976 A1) in further view of Yamamoto et al (US 2021/0221359 A1), (hereinafter Yamamoto) in further view of Yoon (US 2020/0118439 A1) as applied to claim 1 above, in further view of Beaurepaire et al (US 2020/0018602 A1) (hereafter Beaurepaire).
Regarding claim 5, Chihiro discloses comprising: passage information obtaining means for obtaining passage information about a passage in the parking lot through which a vehicle can pass (see Chihiro paras “0016-0019”, “0022-0024” and “0027” “The search unit 103 searches for parking lots that are within a predetermined range from the destination. For example, the predetermined range may be set according to the type of the destination, a straight line distance from the destination to the parking lot, or a road distance on the road”, “The entrance shape of the parking lot is, for example, the shape of a road through which the moving body passes when entering the entrance of the parking lot” and “the route selecting unit 105 determines easiness of entry into the parking lot, and at the same time as the moving body moves to the parking lot along the candidate route searched by the route searching unit 104, the route selecting unit 105 The candidate route is evaluated with the distance from the position to the parking lot”),
and intra-parking lot travel path generating means for generating an intra-parking lot travel path, using the passage information the intra-parking lot travel path being a travel path recommended for a vehicle to travel along when moving from the entrance to the parking lot to a parking space in which a vehicle is parked (see Chihiro at least paras “0016-0019”, “0024” and “0027” “The search unit 103 searches for parking lots that are within a predetermined range from the destination. For example, the predetermined range may be set according to the type of the destination, a straight line distance from the destination to the parking lot, or a road distance on the road” and “the route selecting unit 105 determines easiness of entry into the parking lot, and at the same time as the moving body moves to the parking lot along the candidate route searched by the route searching unit 104, the route selecting unit 105 The candidate route is evaluated with the distance from the position to the parking lot”),
wherein the driving assistor means provides driving assistance for a vehicle based on the intra- parking lot travel path (see Chihiro at least para “0040” “The route guidance program includes guide route information searched by executing the above-described route search program”).
But Chiro fails to explicitly teach parking space information obtaining means for obtaining parking space information about a parking space provided in the parking lot; and
However, Beaurepaire teaches parking space information obtaining means for obtaining parking space information about a parking space provided in the parking lot; and the parking space information (see Beaurepaire at least paras “0086” and “0090” “Upon the user's vehicle reaching the parking facility and entering the parking facility, embodiments described herein may begin to provide an indication of one or more suitable parking spots and suitable access points, as well as provide an indication of a safe and quick path from the parking spot to the suitable access point, for providing best route to the final destination to the user” and “the system 100 may even select a suitable entry lane 402 to be used to enter the parking facility 400 based on the proximity to the determined suitable access point 410.”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to determine a route to be traversed by the vehicle of the user in the parking facility for reaching the selected suitable vacant parking spot such that the vehicle traverses through the parking facility, as taught by Beaurepaire (paras. [0086] and [0090]) in order to collect required data related to one or more of vacant parking spots and reach the suitable vacant parking spot.
Regarding claim 6, Chihiro discloses wherein the intra-parking lot travel path generating means constructs a parking network using the passage information, the parking network being a network representing a course in the parking lot along which a vehicle can pass (see Chihiro paras “0016-0019”, “0022-0024” and “0027” “The search unit 103 searches for parking lots that are within a predetermined range from the destination. For example, the predetermined range may be set according to the type of the destination, a straight line distance from the destination to the parking lot, or a road distance on the road”, “The entrance shape of the parking lot is, for example, the shape of a road through which the moving body passes when entering the entrance of the parking lot” and “the route selecting unit 105 determines easiness of entry into the parking lot, and at the same time as the moving body moves to the parking lot along the candidate route searched by the route searching unit 104, the route selecting unit 105 The candidate route is evaluated with the distance from the position to the parking lot”),
and searches for a route that connects the entrance to the parking lot to a parking space in which a vehicle is parked, using costs added to the parking network, and generates the intra-parking lot travel path based on a searched route (see Chihiro paras “0016-0019”, “0024” and “0027” “The search unit 103 searches for parking lots that are within a predetermined range from the destination. For example, the predetermined range may be set according to the type of the destination, a straight line distance from the destination to the parking lot, or a road distance on the road” and “the route selecting unit 105 determines easiness of entry into the parking lot, and at the same time as the moving body moves to the parking lot along the candidate route searched by the route searching unit 104, the route selecting unit 105 The candidate route is evaluated with the distance from the position to the parking lot”).
Regarding claim 7, Chihiro discloses the intra-parking lot travel path generating means selects a parking space in which a vehicle is parked and generates the intra-parking lot travel path (see Chihiro at least paras “0016-0019”, “0024” and “0027” “The search unit 103 searches for parking lots that are within a predetermined range from the destination. For example, the predetermined range may be set according to the type of the destination, a straight line distance from the destination to the parking lot, or a road distance on the road” and “the route selecting unit 105 determines easiness of entry into the parking lot, and at the same time as the moving body moves to the parking lot along the candidate route searched by the route searching unit 104, the route selecting unit 105 The candidate route is evaluated with the distance from the position to the parking lot”),
But Chiro fails to explicitly teach wherein the parking lot is a parking lot belonging to a facility, the driving assistance device comprises: pedestrian passage information obtaining means for obtaining pedestrian passage information about a passage in the parking lot through which a pedestrian can pass; facility entrance information obtaining means for obtaining facility entrance information about an entrance to the facility; and walk course generating means for generating, using the pedestrian passage information and the facility entrance information, a walk course recommended for a user to move along from a parking space in which a vehicle is parked to the entrance to the facility,
However, Beaurepaire teaches wherein the parking lot is a parking lot belonging to a facility, the driving assistance device comprises pedestrian passage information obtaining means for obtaining pedestrian passage information about a passage in the parking lot through which a pedestrian can pass (see Beaurepaire at least paras “0095-0096” “based on the information about the found vacant parking spots 408 a and navigable gaps 416, the system 100 determines one or more paths 418 to be traversed by the user for reaching the access point 410. That is, the system 100 would use the sensory input, combined with some possibly existing static parking map information, to generate the best pedestrian path from the parked position 408 b to the access point 410… the determined paths 418 are pedestrian paths to guide the user to walk on foot from the parking spot 408 b of his/her vehicle to the access point 410”),
facility entrance information obtaining means for obtaining facility entrance information about an entrance to the facility (see Beaurepaire at least paras “0095-0096” “the system 100 of the present disclosure provides a safe pedestrian path for the user to traverse through the parking facility 400 in order to reach the suitable access point for, ultimately, reaching the user's desired final destination”),
and walk course generating means for generating, using the pedestrian passage information and the facility entrance information, a walk course recommended for a user to move along from a parking space in which a vehicle is parked to the entrance to the facility (see Beaurepaire at least paras “0085” and “0095-0096” “based on the information about the found vacant parking spots 408 a and navigable gaps 416, the system 100 determines one or more paths 418 to be traversed by the user for reaching the access point 410. That is, the system 100 would use the sensory input, combined with some possibly existing static parking map information, to generate the best pedestrian path from the parked position 408 b to the access point 410… the determined paths 418 are pedestrian paths to guide the user to walk on foot from the parking spot 408 b of his/her vehicle to the access point 410”),
taking into account the walk course (see Beaurepaire at least paras “0085” and “0095-0096),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to determine a route to be traversed by the vehicle of the user in the parking facility for reaching the selected suitable vacant parking spot such that the vehicle traverses through the parking facility and to identify the walking course for the pedestrian to walk through, as taught by Beaurepaire (paras. [0095-0096]) in order to guide the user to walk on foot from the parking spot of his/her vehicle to the access point.
Regarding claim 8, Chihiro fails to explicitly teach wherein the walk course generating means constructs, using the pedestrian passage information, a walk network targeting a section in which a user moves on foot from the parking lot to the facility, the walk network being a network representing a course along which a user can move on foot, and searches for a route that connects a parking space in which a vehicle is parked to the entrance to the facility, using costs added to the walk network, and generates the walk course based on a searched route.
However, Beaurepaire teaches wherein the walk course generating means constructs, using the pedestrian passage information, a walk network targeting a section in which a user moves on foot from the parking lot to the facility, the walk network being a network representing a course along which a user can move on foot (see Beaurepaire at least paras “0095-0096” “based on the information about the found vacant parking spots 408 a and navigable gaps 416, the system 100 determines one or more paths 418 to be traversed by the user for reaching the access point 410. That is, the system 100 would use the sensory input, combined with some possibly existing static parking map information, to generate the best pedestrian path from the parked position 408 b to the access point 410… the determined paths 418 are pedestrian paths to guide the user to walk on foot from the parking spot 408 b of his/her vehicle to the access point 410” and “the system 100 of the present disclosure provides a safe pedestrian path for the user to traverse through the parking facility 400 in order to reach the suitable access point for, ultimately, reaching the user's desired final destination”),
and searches for a route that connects a parking space in which a vehicle is parked to the entrance to the facility, using costs added to the walk network, and generates the walk course based on a searched route (see Beaurepaire at least paras “0085-0086”, “0090” and “0095-0096” “to provide an indication of one or more suitable parking spots and suitable access points, as well as provide an indication of a safe and quick path from the parking spot to the suitable access point, for providing best route to the final destination to the user”, “the final destination of the user may be a store in a shopping mall. In that case, the suitable access point may be a pedestrian access which provides the shortest route to the final destination from the parking facility” and “to generate the best pedestrian path from the parked position 408 b to the access point 410… the determined paths 418 are pedestrian paths to guide the user to walk on foot from the parking spot 408 b of his/her vehicle to the access point 410”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to determine a route to be traversed by the vehicle of the user in the parking facility for reaching the selected suitable vacant parking spot such that the vehicle traverses through the parking facility and to identify the walking course for the pedestrian to walk through, as taught by Beaurepaire (paras. [0095-0096]) in order to guide the user to walk on foot from the parking spot of his/her vehicle to the access point using the shortest and safest walking route.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable in view of Chihiro et al (WO2007/116650A1), (hereafter Chihiro) in further view of Shoda et al (US 2020/0282976 A1) in further view of Yamamoto et al (US 2021/0221359 A1), (hereinafter Yamamoto) in further view of Yoon (US 2020/0118439 A1) as applied to claim 1 above, in further view of Lee et al (US 2019/0111916 A1) (hereafter Lee).
Regarding claim 9, Chihiro fails to explicitly teach comprising speed plan creating means for creating a speed plan for a vehicle that travels along the travel path, wherein the driving assistor means provides driving assistance for a vehicle based on the speed plan.
However, Lee teaches comprising speed plan creating means for creating a speed plan for a vehicle that travels along the travel path, wherein the driving assistor means provides driving assistance for a vehicle based on the speed plan (see Lee paras “0012-0014”, “0277” and “0283” “autonomously driving the vehicle in the first mode may include determining a parking path to the target parking position, and autonomously driving the vehicle along the parking path based on changing the speed of the vehicle according to a change of a steering operation of the vehicle” and “autonomously driving the vehicle along the parking path based on changing the speed of the vehicle according to a width of the parking path… changing the speed of the vehicle according to the width of the parking path may include increasing the speed of the vehicle based on an increase of the width of the parking path to the target parking position, and decreasing the speed of the vehicle based on a decrease of the width of the parking path to the target parking position”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to change the speed of the vehicle according to sensing the surrounding environment of the vehicle where pedestrians and other vehicles are present, as taught by Lee (paras. [0012-0014]) in order to prevent accidents and make navigation more efficient.
Regarding claim 10, Chihiro fails to explicitly teach point identifying means for identifying, using the road information and the facility information, speed change points in the travel path at which a speed of a vehicle changes, wherein the speed plan creating means generates, for each of the speed change points, a recommended speed at which the vehicle passes through the speed change point, and creates a speed plan such that a speed change between the speed change points satisfies a predetermined condition.
However, Lee teaches point identifying means for identifying, using the road information and the facility information, speed change points in the travel path at which a speed of a vehicle changes (see Lee paras “0012-0014”, “0263”, “0266” and “0283” “autonomously driving the vehicle in the first mode may include determining a parking path to the target parking position, and autonomously driving the vehicle along the parking path based on changing the speed of the vehicle according to a change of a steering operation of the vehicle”, “the vehicle 100 can detect the surrounding environment, e.g., roads and surrounding obstacles using a sensor.” and “maintain the autonomous driving after entering the parking facility. In this case, the parking facility may be a destination or parking lot located nearby the destination”),
wherein the speed plan creating means generates, for each of the speed change points, a recommended speed at which the vehicle passes through the speed change point, and creates a speed plan such that a speed change between the speed change points satisfies a predetermined condition (see Lee paras “0012-0014”, “0277” and “0283” “autonomously driving the vehicle along the parking path based on changing the speed of the vehicle according to a width of the parking path… changing the speed of the vehicle according to the width of the parking path may include increasing the speed of the vehicle based on an increase of the width of the parking path to the target parking position, and decreasing the speed of the vehicle based on a decrease of the width of the parking path to the target parking position” and “a speed of the vehicle 100 for the configured path can be configured [S120]. In the configuration step S120, the speed may be adjusted to allow the vehicle 100 to arrive at the target parking position as soon as possible while the vehicle 100 is driven along the path as described above. In detail, for safe and rapid arrival, different speeds may be given based on characteristics of sections of the configured path”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiro for route searching apparatus, route searching method, route searching program and recording medium to change the speed of the vehicle according to sensing the surrounding environment of the vehicle where pedestrians and other vehicles are present, as taught by Lee (paras [0277] - [0283]) in order to prevent accidents and make navigation more efficient.
Conclusion
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).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 than SIX MONTHS from the date of this final action.
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/HOSSAM M ABD EL LATIF/Examiner, Art Unit 3664
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