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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/868395, filed on 5/26/2020.
Election/Restrictions
Applicant’s election without traverse of Species III corresponding to claims 63, 64, 66, 68, 69 and 71 in the reply filed on 3/23/2026 is acknowledged.
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 limitations 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 limitations are:
In claim 63, “an imaging unit” mapped to a camera in the applicant’s specification.
In claim 63, “a storage unit” mapped to a hardware memory in the applicant’s specification.
In claim 63, “a determination unit” mapped to a processor in the applicant’s specification.
In claim 64, “ a short-distance communication unit” mapped to a Bluetooth device in the applicant’s specification.
In claim 66, “ a short-distance communication unit” mapped to a Bluetooth device in the applicant’s specification.
In claim 66, “a first long-distance communication unit” mapped to a telecommunication network in the applicant’s specification.
In claim 68, “ a positioning unit” mapped to a GPS sensor in the applicant’s specification.
In claim 68, “a long-distance communication unit” mapped to a telecommunication network in the applicant’s specification.
In claim 71, “a rewarding unit” mapped to a server in the applicant’s specification.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recites sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 63, 66, 68 and 71-77 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holden (US PgPub 2009/0179776).
Regarding claim 63, Holden discloses a parking management system (Figures 1, 5 and 6), comprising: an imaging unit configured to obtain a first image of a target vehicle when the target vehicle is parked in a parking area (Figure 5, Element 110 and Paragraph 0032 where the imaging device generates an image of a parking space which is occupied by a vehicle); a storage unit configured to store therein a second image of the parking area (Figure 5, Element 200 and Paragraph 0033 where the parking server stores control parking space images of empty spaces); and a determination unit configured to compare the second image with the first image and determine whether the target vehicle is parked within the parking area (Figure 5, Element 200, Figure 6 and Paragraphs 0033-0035 where the parking server compares the current image of the parking space with the control image of the parking space to determine whether or not the parking space is occupied by the vehicle).
Regarding claim 66, Holden discloses a parking management device provide within the parking area, the parking management device including: a short-distance communication unit configured to obtain the first image of the first target vehicle, and a first long-distance communication unit configured to transmit the first image to the determination unit (Figure 2, Figure 5 and Paragraphs 0021 and 0032-0035 where the parking server is in communication with auxiliary remote devices. The remote devices communicate with the parking server via transceivers or the like using short-range protocols such as Bluetooth. The remote devices provide data relative to parking (image data) to the parking server and also communicate using long-range telecommunication networks).
Regarding claim 68, Holden discloses the target vehicle further comprising: a positioning unit configured to determine a geographic position of the target vehicle, and a long-distance communication unit configured to transmit the geographic position of the target vehicle (Figures 5-6 and Paragraphs 0029 and 0033-0035 where the vehicle includes a conventional GPS that senses and transmits location).
Regarding claim 71, Holden discloses a user terminal associated with a user who parks the target vehicle in the parking area; and rewarding unit configured to send a predetermined reward to the user terminal when a determination that the target vehicle is parked in the parking area is made (Figure 7, Elements 130, 200, Figure 8 and Paragraphs 0036-0039 where the user device is provided with information relative to the parking spaces. The “predetermined reward” is not defined in the claims and reads on data that is useful to a user).
Regarding claim 72, Holden discloses a method (Figures 1, 5 and 6), comprising: obtaining, via at least one sensing device, vehicle information from a target vehicle at or proximate to a parking area (Figure 5, Element 110 and Paragraph 0032 where the imaging device generates an image of a parking space which is occupied by a vehicle); determining, based on the vehicle information, whether the target vehicle is parked within the parking area (Figure 5, Element 200, Figure 6 and Paragraphs 0033-0035 where the parking server compares the current image of the parking space with the control image of the parking space to determine whether or not the parking space is occupied by a vehicle); and in response to determining that the target vehicle is parked within the parking area, providing a confirmation indicating that the target vehicle is properly parked (Figure 5, Element 200, Figure 6 and Paragraphs 0033-0035 where the parking server compares current images of the parking space with control images of the parking space to determine whether or not the parking space is occupied by a vehicle. Parking space status is updated which confirms proper parking of the vehicle).
Regarding claim 73, Holden discloses wherein: the vehicle information includes image data; and determining further includes comparing the image data to a stored reference image of the parking area (Figure 5, Element 200, Figure 6 and Paragraphs 0033-0035 where the parking server compares current images of the parking space with control images of the parking space to determine whether or not the parking space is occupied by a vehicle. Parking space status is updated which confirms proper parking of the vehicle).
Regarding claim 74, Holden discloses wherein the vehicle information includes signal data
received via a short-range wireless communication protocol (Figure 5, Elements 110, 200, Figure 6 and Paragraphs 0032-0035 where the imaging device sends images to the parking server via short-range wireless protocol).
Regarding claim 75, Holden discloses receiving a locking signal associated with the target vehicle; and wherein obtaining the vehicle information is in response to receiving the locking signal (Figures 5-6 and Paragraphs 0029 and 0033-0035 where the vehicle performs conventional operations such as locking and unlocking before images are taken).
Regarding claim 76, Holden discloses determining a geographic position of the target vehicle; and retrieving a stored reference image of the parking area based at least in part on the geographic position (Figures 5-6 and Paragraphs 0029 and 0033-0035 where the vehicle includes a conventional GPS that senses and transmits location. Images are taken at the relative location).
Regarding claim 77, Holden discloses wherein the parking area includes a dockless parking
area configured to accommodate one or more shared vehicles (Figures 5-6 and Paragraphs 0032-0035 where the parking spaces are dockless).
Allowable Subject Matter
Claims 64 and 69 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS D ALUNKAL whose telephone number is (571)270-1127. The examiner can normally be reached M-F 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN ZIMMERMAN can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS D ALUNKAL/Primary Examiner, Art Unit 2686
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