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.
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 05/12/2021, coinciding with the filing date of the Japan application to which foreign priority was requested.
Response to Amendments
The prior art rejections have been withdrawn. This action is non-final with consideration to the added 112(f) claim interpretation section and 112(b) rejection, neither of which were presented in the prior actions.
Response to Arguments
Applicants arguments filed 11/12/2025 have been considered and are persuasive.
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:
“Display Processing Device”
“Sight Line Direction Acquisition Unit”
“Hop-Off Action Detection Unit”
“Off-Vehicle Road Surface Monitor Unit”
“Schedule Storage”
“Outside-Vehicle Situation Acquisition Unit”
“Door Opening Obstacle Detection Unit”
“Normal Door Opening Degree Storage”
“Parking Position Acquisition Unit”
“Park Entry Detection Unit”
“Candidate Section Acquisition Unit”
“Adjacent Parking Probability Acquisition Unit”
“Proficiency Level Storage”
“Pre-Start Surrounding Confirmation Unit”
”Favorite Animal Storage”
“Standby Necessity Determination Unit”
“Wind Force Acquisition Unit”
“Storage”
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. The specification discloses the corresponding structure:
• for “Display Processing Device” in paragraph [0017]
• for “Sight Line Direction Acquisition Unit” in paragraphs [0057] and [0059-0063]
• for “Hop-Off Action Detection Unit” in paragraph [0058]
• for ““Off-Vehicle Road Surface Monitor Unit” in paragraphs [0050]
• for “Schedule Storage” in paragraph [0054]
• for “Outside-Vehicle Situation Acquisition Unit” in paragraph [0050]
• for “Door Opening Obstacle Detection Unit” in paragraph [0050]
• for “Normal Door Opening Degree Storage” in paragraph [0055]
• for “Parking Position Acquisition Unit” in paragraph [0119]
• for “Park Entry Detection Unit” in paragraph [0050]
• for “Candidate Section Acquisition Unit” in paragraph [0050]
• for “Adjacent Parking Probability Acquisition Unit” in paragraph [0050]
• for “Proficiency Level Storage” in paragraphs [0054] and [0055]
• for “Pre-Start Surrounding Confirmation Unit” in paragraph [0050]
• for “Favorite Animal Storage”” in paragraph [0054]
• for “Standby Necessity Determination Unit” in paragraph [0050]
• for “Wind Force Acquisition Unit” in paragraph [0050]
• for “Storage” in paragraph [0049]
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 § 112
Claims 1 (and Claims 2-20 due to dependency) are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 includes the following language: “whether the occupant has time to spare”, however it is unclear to the examiner what “time to spare” is intended to represent, given the lack of further limiting details provided in the instant written description. Whether the applicant has time to spare is subjective and could refer to any number of windows of time. The claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 14 and 16-18 use similar language and are similarly rejected. Claims 2-13, 15, and 19-20 are rejected by virtue of their dependency on rejected base claims.
Claim 1 is additionally rejected for using the following language: “hop-off action”, which is indefinite as it is defined nowhere in the claims or specification, and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 11 and 13-14 use similar language and are similarly rejected. Claims 2-13, 15, and 19-20 are rejected by virtue of their dependency on rejected base claims.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATTICUS A CAMERON whose telephone number is 703-756-4535. The examiner can normally be reached M-F 8:30 am - 4:30 pm.
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/ATTICUS A CAMERON/ /JASON HOLLOWAY/ Primary Examiner, Art Unit 3658 Examiner, Art Unit 3658A