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 .
1. This action is responsive to amendment received July 21, 2026.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
2. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon et al., U.S. Patent Application Publication No. 2020/0148197 (referred to hereafter as Yoon).
As to claims 1 and 6-7, Yoon teaches a method, device and medium for performing an AVP operation of a motor vehicle within a parking lot, the method comprising the following steps:
during a performance of the AVP operation based on one AVP type selected from the following group of AVP types: AVP type 1, AVP type 2 and AVP type 3, wherein AVP type 1 is a vehicle-centered AVP operation, wherein AVP type 2 is an infrastructure-centered AVP operation, and wherein AVP type 3 is a shared vehicle-infrastructure AVP operation, carrying out a test as to whether at least one predetermined switching condition is fulfilled for a planned switch of the performance of the AVP operation from the one AVP type to another AVP type (see para. 64-65 and 73-75, parking is performed autonomously, based on infrastructure instructions or partially delegated between autonomous mode and instructions from the parking structure) and if the at least one predetermined switching condition is not fulfilled and/or if an error occurs during or after the switch, transferring the motor vehicle into a safe state (para. 75 and fig. 4, if an error in communication or a mechanical error occurs, vehicle applies emergency brake and resumes autonomous mode, i.e. safe state); and
releasing, depending on a result of the test, the planned switch to continue the AVP operation (see para. 64-65 and 73-75, parking mode is switched if conditions are met).
As to claim 2, Yoon teaches the method according to claim 1, further comprising: upon release and after the planned switch, during the continuation of the AVP operation based on the other AVP type, using at least one function of the one AVP type as a fallback level and/or as a review level for performing the AVP operation based on the other AVP type (see para. 65-66).
As to claim 3, Yoon teaches the method according to claim 1, wherein each of the at least one predetermined switching condition is an element selected from the following group of switching conditions: (i) an AVP system of the motor vehicle and/or an AVP system of an infrastructure is ready to perform at least one function of the other AVP type, which the motor vehicle and/or the infrastructure are to perform according to the other AVP type; (ii) a localization of the motor vehicle according to the one AVP type matches a localization of the motor vehicle according to the other AVP type within a predetermined tolerance range; (iii) the motor vehicle was re-identified by the infrastructure; (iv) data for continuing the AVP operation based on the other AVP type are available; (iv) reception of a heartbeat message transmitted by the infrastructure; (v) reception of a heartbeat message transmitted by the motor vehicle; (vi) the motor vehicle was correctly identified by the infrastructure (see para. 64-66).
As to claim 4, Yoon teaches the method according to claim 2, wherein each of the at least one function is an element selected from the following group of functions: (i) determining a target position, located within the parking lot, for the motor vehicle; (ii) planning a route from a start position, included in the parking lot, to the target position; (iii) detecting an object and/or an event and responding accordingly to a detected object and/or a detected event; (iv) locating the motor vehicle within the parking lot; (v) calculating a desired trajectory and/or a driving tube and/or a safety area, which must be free of collision objects, for the motor vehicle based on the planned route; (vi) controlling a lateral and longitudinal guidance of the motor vehicle based on the calculated desired trajectory and/or the calculated driving tube and/or the calculated safety area; (vii) specifying at least one traversing condition including speed and/or acceleration when the motor vehicle drives away from a start position of the parking lot; (viii) determining at least one item of context information including traffic rule(s) of the route, and/or accident black spot(s) of the route and/or traffic rule(s) of the target position, and/or accident black spot(s) of the target position, wherein the context information is determined in using a digital map of the parking lot; (ix) determining a switching position of the parking lot where the planned switch is to be performed; (x) determining a switching area of the parking lot within which the planned switch is to be performed; (xi) monitoring of the motor vehicle by the infrastructure as the motor vehicle drives within the parking lot (see para. 65-66).
As to claim 5, Yoon teaches the method according to claim 1, wherein one or more or all of the method steps are performed by an infrastructure and/or by the motor vehicle (see para. 65-66).
3. Applicant’s arguments have been fully considered but are not persuasive. Applicant argues in substance that Yoon does not teach “carrying out a test as to whether at least one predetermined switching condition is fulfilled for a planned switch of the performance of the AVP operation from the one AVP type to another AVP type and if the at least one predetermined switching condition is not fulfilled and/or if an error occurs during or after the switch, transferring the motor vehicle into a safe state”.
In response, Yoon states in para. 74: “After the vehicle has completed autonomous driving and autonomous parking, the infrastructure issues a control release instruction to the vehicle. The vehicle can turn on and off the engine and turn on and off the power supply according to an instruction received from the infrastructure or without depending on the instruction from the infrastructure. In addition, the vehicle can lock and unlock the vehicle doors according to an instruction received from the infrastructure or without depending on the instruction from the infrastructure. Further, the vehicle can apply a parking brake according to an instruction received from the infrastructure or without depending on the instruction from the infrastructure”.
And para. 75: “an error control operation is performed. The error control is performed when an error occurs in communication between the vehicle and the infrastructure and/or when a mechanical error of the vehicle occurs. … The vehicle detects a communication error by monitoring the communication with the infrastructure. …the vehicle may determine, by itself, whether the cause of the emergency braking is removed and resumes autonomous parking or autonomous driving when the cause of the emergency parking is remove”.
In other words, the vehicle operates shared-vehicle infrastructure operation. Yoon teaches that the infrastructure sends a control release to the vehicle to the vehicle switches to autonomous mode i.e. AVP type 1 when the vehicle has completed autonomous parking. Yoon then states in para. 75 that if during/end of parking, a communication error is detected, then the vehicle switches to autonomous mode, i.e. AVP type 1. Therefore, Yoon’ teaching of checking for communication errors “carrying out a test as to whether at least one predetermined switching condition is fulfilled for a planned switch of the performance of the AVP operation from the one AVP type to another AVP type” and switching to autonomous mode “if an error occurs during or after the switch, transferring the motor vehicle into a safe state” teaches the limitations of claim 1 as claimed.
4. THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUSSEIN A EL CHANTI whose telephone number is (571)272-3999. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Mehdizadeh can be reached on 571-272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUSSEIN ELCHANTI/Primary Examiner, Art Unit 3669
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