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 .
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.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/04/2025 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/19/2025 and 12/11/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). A certified copy of this document has been placed in the file wrapper. As such, the effective filing date of the instant application is considered 04/27/2022, coinciding with the filing date of the Japan application to which foreign priority was requested.
Response to Amendment
Claims 1 and 11-12 have been amended. No claims have been added or cancelled.
Response to Arguments
Applicant's arguments filed 12/04/2025 have been fully considered but they are not persuasive.
Examiner finds Applicants arguments regarding the recently amended language moot with consideration to the withdrawal of the 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 rejection, and presentation of an updated 35 U.S.C. 103 rejection below.
Claim Rejections - 35 USC § 103
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.
Claim 1-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US9940529, referred to as Maeda) in view of Kin et al. (JP2012162122A, referred to as Kin).
Regarding claim 1: Maeda discloses: A vehicle control apparatus comprising: a reliability determination unit that determines a location reliability of an own vehicle, the location reliability comprising a reliability that indicates whether a current location of the own vehicle is in a parking place, wherein the parking place is a parking lot comprised of partitioned parking spaces, the location reliability being determined using a detection result of a parking space among the partitioned parking spaces or a parked vehicle around the own vehicle based on image data around the own vehicle captured by a camera; and ([col. 1, lines 48-58] The parking space recognition apparatus includes an onboard camera mounted to a first vehicle and capturing a peripheral image around the first vehicle; a wireless receiver also mounted to the first vehicle and receiving a parking-space related information that is transmitted from an outside of the first vehicle; and a parking space determination portion also mounted to the first vehicle and determining a parking space to park the first vehicle on a basis of the peripheral image captured by the onboard camera and the parking-space related information received by the wireless receiver. [col. 11, lines 24-31] At S60, the parking compartment line candidates and the endpoint candidates are limited using the reliability after correction. Specifically, the parking compartment line candidates and the endpoint candidates are limited to parking compartment line candidates and endpoint candidates having equal to or more than a predetermined values that are set to the first compartment line reliability and the endpoint reliability after the corrections. [col. 11, lines 32-44] At S70, tracking is performed. The tracking continuously recognizes the parking compartment line candidates and the endpoint candidates, which are limited at S60 during travel of the first vehicle Cl. When the first vehicle Cl travels, the relative positions of the parking compartment line candidates, the endpoint candidates limited at S60, and the first vehicle Cl change. According to the positions of the parking compartment line candidates and the endpoint candidates limited at S60 and a travel amount of the first vehicle Cl, a analysis area in the peripheral image are determined. The analysis area is analyzed, and the parking compartment line candidates and the endpoint candidates limited at S60 is continuously recognized. [col. 12, lines 1-7] At S 110, a second update process is performed to update the parking-space related information on the basis of the information other than the parking-space related information received from the outside. FIG. 10 illustrates the second update process. In FIG. 10, the parking lot map is updated at S 111 on the basis of the parking compartment lines determined at S 100.) an own vehicle location determination unit that determines whether the own vehicle location is in the parking place, using a determination result of the location reliability determined by the reliability determination unit ([col. 11, lines 24-31] At S60, the parking compartment line candidates and the endpoint candidates are limited using the reliability after correction. Specifically, the parking compartment line candidates and the endpoint candidates are limited to parking compartment line candidates and endpoint candidates having equal to or more than a predetermined values that are set to the first compartment line reliability and the endpoint reliability after the corrections. [col. 12, lines 1-7] At S 110, a second update process is performed to update the parking-space related information on the basis of the information other than the parking-space related information received from the outside. FIG. 10 illustrates the second update process. In FIG. 10, the parking lot map is updated at S 111 on the basis of the parking compartment lines determined at S 100.) [wherein when the own vehicle location determination unit determines that the own vehicle location is in the parking place, a travelling mode of the own vehicle is set to be a parking space mode that limits acceleration of the own vehicle in the parking place.]
Maeda does not explicitly disclose: wherein when the own vehicle location determination unit determines that the own vehicle location is in the parking place, a travelling mode of the own vehicle is set to be a parking space mode that limits acceleration of the own vehicle in the parking place.
Maeda does not disclose the following limitations, however Kin, from an analogous field of endeavor, further teaches: ([0013] when the light projecting means transmits a signal indicating that it is an acceleration suppression region that suppresses acceleration of the vehicle by light, the light receiving means mounted on the vehicle is the light projecting means outside the vehicle. When the determination means determines whether the vehicle is in the acceleration suppression area based on the signal received by the light reception means, and when the vehicle is determined to be in the acceleration suppression area, Since the traveling control means performs traveling control that suppresses acceleration of the host vehicle, it is possible to reliably prevent sudden acceleration of the vehicle only in a limited area such as the vicinity of a parking space where it is necessary to prevent sudden acceleration of the vehicle This makes it possible to avoid excessive sudden acceleration suppression control.)
Maeda and Kin are analogous art to the claimed invention since they are from the similar field of parking assistance vehicle control. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation for success, to modify the parking reliability determination unit of Maeda to enable the parking acceleration limiting taught in Kin.
The motivation for modification would have been to provide the parking recognition method disclosed in Maeda with the added benefit of preventing collision by limiting acceleration during the parking scenario, as taught in Kin.
Regarding claim 2: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 1,
Maeda further discloses: wherein the reliability determination unit determines the location reliability using a relative location of the detected parked vehicle or the parking space relative to the own vehicle. ([col. 1, lines 48-58] The parking space recognition apparatus includes an onboard camera mounted to a first vehicle and capturing a peripheral image around the first vehicle; a wireless receiver also mounted to the first vehicle and receiving a parking-space related information that is transmitted from an outside of the first vehicle; and a parking space determination portion also mounted to the first vehicle and determining a parking space to park the first vehicle on a basis of the peripheral image captured by the onboard camera and the parking-space related information received by the wireless receiver. [col. 11, lines 32-44] At S70, tracking is performed. The tracking continuously recognizes the parking compartment line candidates and the endpoint candidates, which are limited at S60 during travel of the first vehicle Cl. When the first vehicle Cl travels, the relative positions of the parking compartment line candidates, the endpoint candidates limited at S60, and the first vehicle Cl change. According to the positions of the parking compartment line candidates and the endpoint candidates limited at S60 and a travel amount of the first vehicle Cl, a analysis area in the peripheral image are determined. The analysis area is analyzed, and the parking compartment line candidates and the endpoint candidates limited at S60 is continuously recognized. [col. 10, lines 37-41] As the position of the parking-compartment-entrance facing end of the parked vehicle is closer to the position of the parking-compartment-entrance facing end of the target compartment line candidate, the first compartment line reliability is made lower.)
Regarding claim 3: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 1,
Maeda further discloses: wherein the own vehicle location determination unit, when determining as an affirmative determination that the own vehicle location is in the parking place, maintains the affirmative determination even if the location reliability decreases while a predetermined affirmative determination maintaining condition is being satisfied. ([col. 11, lines 18-31] when the parking-compartment-entrance facing end of the parked vehicle is placed at the parking-compartment-entrance facing end of the target compartment line candidate toward the rear side of the parking compartment, a degree of decrease of the endpoint reliability may be made small or the decrease amount may be made zero. At S60, the parking compartment line candidates and the endpoint candidates are limited using the reliability after correction. Specifically, the parking compartment line candidates and the endpoint candidates are limited to parking compartment line candidates and endpoint candidates having equal to or more than a predetermined values that are set to the first compartment line reliability and the endpoint reliability after the corrections. [col. 12, lines 37-46] a parking compartment, which is a parking space, is determined using the parking-space related information received by the wireless receiver 12, in addition to the peripheral images captured by the front camera 7 and the rear camera 8. Therefore, it may be possible that the recognition accuracy of a parking compartment improves in comparison to when the parking compartment is determined only using the peripheral image captured by the front camera 7 and the rear camera 8.)
Regarding claim 4: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 3,
Maeda further discloses: wherein the predetermined affirmative determination maintaining condition is a travel distance or an elapsed time. ([col. 11, lines 1-9] The endpoint reliability is also corrected similarly. That is, the endpoint reliability is made lower as a position of the parking-compartment-entrance facing end of the parked vehicle is closer to the path to enter the parking compartment. In the direction of the parking compartment line having the endpoint candidate as an end, the endpoint reliability is made lower as the position of the parking compartment-entrance facing end of the parked vehicle is closer to the path to enter the parking compartment. [col. 11, lines 18-31] when the parking-compartment-entrance facing end of the parked vehicle is placed at the parking-compartment-entrance facing end of the target compartment line candidate toward the rear side of the parking compartment, a degree of decrease of the endpoint reliability may be made small or the decrease amount may be made zero. At S60, the parking compartment line candidates and the endpoint candidates are limited using the reliability after correction. Specifically, the parking compartment line candidates and the endpoint candidates are limited to parking compartment line candidates and endpoint candidates having equal to or more than a predetermined values that are set to the first compartment line reliability and the endpoint reliability after the corrections. )
Regarding claim 5: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 3,
Maeda further discloses: wherein the own vehicle location determination unit, when determining as the affirmative determination and a shift position is in a reverse position, maintains the affirmative determination. ([col. 11, lines 18-31] when the parking-compartment-entrance facing end of the parked vehicle is placed at the parking-compartment-entrance facing end of the target compartment line candidate toward the rear side of the parking compartment, a degree of decrease of the endpoint reliability may be made small or the decrease amount may be made zero. At S60, the parking compartment line candidates and the endpoint candidates are limited using the reliability after correction. Specifically, the parking compartment line candidates and the endpoint candidates are limited to parking compartment line candidates and endpoint candidates having equal to or more than a predetermined values that are set to the first compartment line reliability and the endpoint reliability after the corrections. [col. 12, lines 37-46] a parking compartment, which is a parking space, is determined using the parking-space related information received by the wireless receiver 12, in addition to the peripheral images captured by the front camera 7 and the rear camera 8. Therefore, it may be possible that the recognition accuracy of a parking compartment improves in comparison to when the parking compartment is determined only using the peripheral image captured by the front camera 7 and the rear camera 8.)
Regarding claim 6: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 3,
Maeda further discloses: wherein the own vehicle location determination unit maintains the affirmative determination even when an ignition operation is performed during the affirmative determination. ([col. 13, lines 1-15] The travel start detector 23 transmits the travel start information regardless of whether the vehicle starts traveling in a parking lot. Then, when the in-parking information is received, when a position indicated in the in-parking information is on a road, and when the travel start information including the same position as the position indicated in the in-parking information is received, a parking time may be calculated. It may be determined whether a vehicle that has transmitted the in-parking information and the travel start information has been parked or stopped on the basis of the parking time. When the vehicle has been parked, a position where the vehicle has been parked may be determined as a parking space. [col. 12, lines 37-46] a parking compartment, which is a parking space, is determined using the parking-space related information received by the wireless receiver 12, in addition to the peripheral images captured by the front camera 7 and the rear camera 8. Therefore, it may be possible that the recognition accuracy of a parking compartment improves in comparison to when the parking compartment is determined only using the peripheral image captured by the front camera 7 and the rear camera 8.)
Regarding claim 7: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 1,
Maeda further discloses: wherein the own vehicle location determination unit, when determining as a negative determination that the own vehicle location is not in the parking place, maintains the negative determination even if the location reliability increases while a predetermined negative determination maintaining condition is being satisfied. ([col. 14, lines 24-27] When the travel start information is received, the parking availability information about a parking compartment indicated in the travel start information indicates that parking is available. [col. 12, lines 37-46] a parking compartment, which is a parking space, is determined using the parking-space related information received by the wireless receiver 12, in addition to the peripheral images captured by the front camera 7 and the rear camera 8. Therefore, it may be possible that the recognition accuracy of a parking compartment improves in comparison to when the parking compartment is determined only using the peripheral image captured by the front camera 7 and the rear camera 8.)
Regarding claim 8: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 7,
Maeda further discloses: wherein the reliability determination unit determines the location reliability with a multi-stage level of three or more levels; ([Fig. 3] level 1: S20, S30 S40, S50, [Fig. 5] level 2: S44 level 3: S45) and the predetermined negative determination maintaining condition is a condition in which the location reliability is less than or equal to a predetermined level.([col. 11, lines 24-31] At S60, the parking compartment line candidates and the endpoint candidates are limited using the reliability after correction. Specifically, the parking compartment line candidates and the endpoint candidates are limited to parking compartment line candidates and endpoint candidates having equal to or more than a predetermined values that are set to the first compartment line reliability and the endpoint reliability after the corrections.)
Regarding claim 11: Rejected using the same rationale as claim 1.
Regarding claim 12: Rejected using the same rationale as claims 1 and 11.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US9940529, referred to as Maeda) in view of Kin et al. (JP2012162122A, referred to as Kin), and further in view of Li et al. (CN113428135A, referred to as Li).
Regarding claim 9: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 1,
Maeda further discloses: wherein the own vehicle location determination unit determines that the own vehicle location is not in the parking place when the own vehicle approaches a vertical-parking space. ([col. 1, lines 48-58] The parking space recognition apparatus includes an onboard camera mounted to a first vehicle and capturing a peripheral image around the first vehicle; a wireless receiver also mounted to the first vehicle and receiving a parking-space related information that is transmitted from an outside of the first vehicle; and a parking space determination portion also mounted to the first vehicle and determining a parking space to park the first vehicle on a basis of the peripheral image captured by the onboard camera and the parking-space related information received by the wireless receiver. [col. 11, lines 32-44] At S70, tracking is performed. The tracking continuously recognizes the parking compartment line candidates and the endpoint candidates, which are limited at S60 during travel of the first vehicle Cl. When the first vehicle Cl travels, the relative positions of the parking compartment line candidates, the endpoint candidates limited at S60, and the first vehicle Cl change. According to the positions of the parking compartment line candidates and the endpoint candidates limited at S60 and a travel amount of the first vehicle Cl, a analysis area in the peripheral image are determined. The analysis area is analyzed, and the parking compartment line candidates and the endpoint candidates limited at S60 is continuously recognized.
The combination of Maeda and Kin does not explicitly teach: [vertical]
The combination of Maeda and Kin does not teach the following limitations, however, Li, in an analogous field of endeavor, teaches: vertical ([pg. 2] The parking map generating module is used to generate a parking map of the target vehicle based on the target coordinate system in response to a parking instruction based on the target vertical parking space; The position acquisition module is configured to acquire the initial position of the target vehicle and the position of the target vertical parking space based on the parking map. The position of the target vertical parking space includes the longitudinal centerline position and the horizontal position of the target vertical parking space. The position of the front line and the position of the horizontal back line; A lateral adjustment trajectory module, configured to control the target vehicle to advance from the initial position to a first end position corresponding to the lateral adjustment trajectory of the target vehicle based on the minimum turning radius of the target vehicle and a tracking control algorithm; A straight-line transition trajectory module, configured to control the target vehicle to retreat laterally to a second end position corresponding to the straight-line transition trajectory of the target vehicle based on the longitudinal centerline position and the minimum turning radius; An arc transition trajectory module, configured to control the target vehicle to retreat at the maximum steering wheel angle to the third end position corresponding to the arc transition trajectory of the target vehicle based on the longitudinal centerline position and the lateral front line position; The longitudinal warehousing trajectory module is used to control the target vehicle to retreat to the parking point position corresponding to the longitudinal warehousing trajectory of the target vehicle based on the lateral rear edge position and the tracking control algorithm. )
Maeda, Kin, and Li are analogous art to the claimed invention since they are from the similar field of parking assistance vehicle control. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation for success, to modify the parking reliability determination unit of Maeda to enable the vertical parking taught in Li.
The motivation for modification would have been to provide the parking recognition method taught in the combination of Maeda and Kin with the method applied to vertical-parking situations, as taught in Li.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US9940529, referred to as Maeda) in view of Kin et al. (JP2012162122A, referred to as Kin), and further in view of Inoue et al. (US9738288, referred to as Inoue).
Regarding claim 10: The combination of Maeda and Kin teaches: The vehicle control apparatus according to claim 1,
Maeda further discloses: [wherein an acceleration suppression control is provided to suppress an acceleration of the own vehicle caused by an erroneous acceleration-pedal pressing; and] when the own vehicle location is in the parking place, [a mode of the acceleration suppression control is changed], depending on a distance between the own vehicle and the parking space or a converted time value where a value of the distance is converted to a time value. ([col. 13, lines 1-15] The travel start detector 23 transmits the travel start information regardless of whether the vehicle starts traveling in a parking lot. Then, when the in-parking information is received, when a position indicated in the in-parking information is on a road, and when the travel start information including the same position as the position indicated in the in-parking information is received, a parking time may be calculated. It may be determined whether a vehicle that has transmitted the in-parking information and the travel start information has been parked or stopped on the basis of the parking time. When the vehicle has been parked, a position where the vehicle has been parked may be determined as a parking space. [col. 12, lines 37-46] a parking compartment, which is a parking space, is determined using the parking-space related information received by the wireless receiver 12, in addition to the peripheral images captured by the front camera 7 and the rear camera 8. Therefore, it may be possible that the recognition accuracy of a parking compartment improves in comparison to when the parking compartment is determined only using the peripheral image captured by the front camera 7 and the rear camera 8.)
The combination of Maeda and Kin does not explicitly teach: [wherein an acceleration suppression control is provided to suppress an acceleration of the own vehicle caused by an erroneous acceleration-pedal pressing; and]; [a mode of the acceleration suppression control is changed],
The combination of Maeda and Kin does not teach the following limitations, however, Inoue, in an analogous field of endeavor, teaches: wherein an acceleration suppression control is provided to suppress an acceleration of the own vehicle caused by an erroneous acceleration-pedal pressing; and ([Fig. 6] START ERRONEOUS OPERATION ACCELERATION SUPPRESSION CONTROL PROCESS); a mode of the acceleration suppression control is changed, ([col. 12, lines 38-53] At step S112, by referring to a table of FIG. 10, a target deceleration Ax* is set in accordance with an obstacle certainty level. FIG. 10 is a table for use in setting a target deceleration Ax*. Herein, when the obstacle certainty level is "no detection" since no braking operation is necessary, the target deceleration Ax* is set to 0. When the obstacle certainty level is "low", the target deceleration Ax* is set to 0.25 G so as to automatically apply braking. When the obstacle certainty level is "high", the target deceleration Ax* is set to 0.5 G so as to automatically apply braking. At step S113, the throttle motor 35 is controlled to be driven via the engine controller 38, thereby effectuating the target throttle opening degree SPO*, and the brake actuator 51 is controlled to be driven via the brake controller 54, thereby effectuating the target deceleration Ax*.)
Maeda, Kin, and Inoue are analogous art to the claimed invention since they are from the similar field of parking assistance vehicle control. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation for success, to modify the parking system of Maeda and Kin to enable the acceleration suppression modes of Inoue.
The motivation for modification would have been to provide the parking recognition method taught in the combination of Maeda and Kin with the method applied to acceleration suppressing control for erroneous acceleration-pedal pressing, as taught in Inoue.
Conclusion
The prior art made of record, and not relied upon, considered pertinent to applicant' s disclosure or directed to the state of art is listed on the enclosed PTO-892.
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/ATTICUS A CAMERON/ /JASON HOLLOWAY/ Primary Examiner, Art Unit 3658 Examiner, Art Unit 3658A