DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/25/2026 has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The amendment filed on 02/09/2026 has been entered and fully considered.
Claims 17, 25, 29, and 31 have been amended.
Claims 17-32 are pending in Instant Application.
Response to Arguments
Regarding 101 rejection: Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Regarding 102 rejection: Applicant’s arguments with respect to claim(s) 17, 25, 29, and 31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 25-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims’ subject matter eligibility will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
With respect to claim 25.
Claim 25 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 25 is directed to a method and an aerial vehicle, which corresponds to a machine, which are directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: the claim recites, inter alia:
“detect at least one comfort condition for the retrieval process": A person of ordinary skill in the art can mentally detect conditions. Thus, this limitation is construed to be directed to the abstract idea of mental processes.
as drafted, is a process that, under its broadest reasonable interpretation, covers mental processes concepts performed in the human mind (including an observation, evaluation, judgment, opinion) but for the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: This judicial exception is not integrated into a practical application. The only limitations not treated above, “transmit data which represent the detected comfort conditions, to a parking area server”, involves the mere gathering of data, which is insignificant extra-solution activity. See MPEP § 2106.05(g). In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of the “terminal” and “first detection device” is recited at a high level of generality, and comprises only a processor to simply perform the generic computer functions Generic computers performing generic computer functions, alone, do not amount to significantly more than the abstract idea. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
****Examiner Note: Examiner would like to indicate that the subject matter in claim 17 provides a control aspect that would be efficient enough to overcome the current abstract idea. The claim recites “automatically providing the vehicle in the determined position and orientation within the retrieval position”. If Applicant incorporates this control aspect similar to claim 17, then the claim would not fall under an abstract idea, and it would overcome the current 101 rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 17, 25-26, 29, and 31-32 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sugano (USPGPub 2021/0086757), hereinafter known as Sugano1, in view of Kanitz (USPGPub 2021/0380134).
As per claim 17, Sugano discloses a method for determining a position and orientation of a vehicle within a retrieval position which is encompassed by a parking area and at which the vehicle is to be retrieved after an automatic parking process, the method comprising the following steps: determining the position and orientation of the vehicle (see at least paragraph 0033 and Figure 2; wherein an autonomous driving vehicle 2D parked at the pick-up space 63 of the pick-up area 53. Examiner indicates that by the vehicle 2D being parked at pickup space 63 within pickup area 53, the system knows the position and orientation of the vehicle) within the retrieval position (see at least paragraph 0032 and Figure 2; wherein pick-up area 53) based on at least one specified comfort condition (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63), wherein the at least one specified comfort condition includes: a minimum distance between one or more lateral surfaces or doors of the vehicle, and one or more structural elements of the parking area and/or other vehicles and/or a lane and/or a pedestrian path, and/or a specific orientation of the vehicle with respect to a lane direction (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63...see at paragraph 0070; wherein The target parking space may be designated by the user. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63); and automatically providing the vehicle in the determined position and orientation within the retrieval position (see at least paragraph 0088; wherein the notification indicating that the vehicle is ready to leave the parking lot again means a notification for notifying the user that the autonomous driving vehicle 2 starts to autonomously travel toward the pick-up space 63). Sugano does not explicitly mention wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver. However Kanitz does disclose: wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver (see at least paragraph 0124; wherein the one or more motion constraints 510 can include a pick-up and/or drop-off vehicle orientation constraint indicative of a vehicle orientation at a pick-up location 705 and/or a drop off location 715. The vehicle orientation, for example, can identify an orientation of the bidirectional vehicle with respect to one or more route segments 710A-J). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kanitz with the teachings as in Sugano. The motivation for doing so would have been to safer, more comfortable, and uniquely tailored ride sharing operations, see Kanitz paragraph 0062. As per claim 25, Sugano discloses a terminal configured to specify comfort conditions for a process of retrieving a vehicle parked automatically in a parking area, comprising: a first detection device configured to detect at least one comfort condition for the retrieval process (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63), wherein a comfort condition includes: a minimum distance between one or more lateral surfaces or doors of the vehicle, and one or more structural elements of the parking area and/or other vehicles and/or a lane and/or a pedestrian path, and/or a specific orientation of the vehicle with respect to a lane direction (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63….see at paragraph 0070; wherein The target parking space may be designated by the user. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63); and a communication interface configured to transmit data which represent the detected comfort conditions, to a parking area server (see at least paragraphs 0113-0114; wherein The user grants the instruction authority of the autonomous driving vehicle 2 to the parking lot management server 1 by, for example, stopping the autonomous driving vehicle 2 at the drop-off space 62 of the drop-off area 52 within the parking lot 50, alighting from the autonomous driving vehicle 2, operating the user terminal 3, and issuing the parking request. The user issues the pick-up request to cause the autonomous driving vehicle 2 parked in the parking space 61 via the parking lot management server 1 to travel to the pick-up space 63 of the pick-up area 53 via the parking lot management server 1. The autonomous driving vehicle 2 waits for the user in the pick-up space 63). Sugano1 does not explicitly mention wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver. However Kanitz does disclose: wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver (see at least paragraph 0124; wherein the one or more motion constraints 510 can include a pick-up and/or drop-off vehicle orientation constraint indicative of a vehicle orientation at a pick-up location 705 and/or a drop off location 715. The vehicle orientation, for example, can identify an orientation of the bidirectional vehicle with respect to one or more route segments 710A-J). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kanitz with the teachings as in Sugano. The motivation for doing so would have been to safer, more comfortable, and uniquely tailored ride sharing operations, see Kanitz paragraph 0062.
As per claim 26, Sugano discloses wherein the terminal is configured to determine a position and orientation of the vehicle within a retrieval position based on the detected comfort conditions and to send the determined position and orientation using the communication interface via a communication network to a parking area server configured to operate the parking area, so that the parking area server can control the automatic parking process of the vehicle based on the retrieval position and the determined position and orientation of the vehicle within a retrieval position (see at least paragraph 0070; wherein the vehicle instruction unit 14 issues an instruction to the autonomous driving vehicle 2 that performs the automatic valet parking. In a case where the autonomous driving vehicle 2 starts the automatic valet parking, the vehicle instruction unit 14 instructs the target route for the autonomous driving vehicle 2 to reach the target parking space. A method for determining the target parking space is not particularly limited. The parking space may be allocated from the exit side in the order in which the vehicle enter the parking lot, or the parking space may be allocated from the exit side in order of a departure reservation time. The target parking space may be designated by the user). As per claim 29, Sugano discloses a parking area server (see at least Figure 1; item 1) configured to operate a parking area, comprising: a computing unit (see at least paragraph 0114; wherein parking lot management server 1) configured to determine a position and orientation of a vehicle within a retrieval position which is encompassed by a parking area and at which the vehicle is to be retrieved after an automatic parking process (see at least paragraph 0114; wherein the user issues the pick-up request to cause the autonomous driving vehicle 2 parked in the parking space 61 via the parking lot management server 1 to travel to the pick-up space 63 of the pick-up area 53 via the parking lot management server 1. The autonomous driving vehicle 2 waits for the user in the pick-up space 63), the computing unit configured to: determine the position and orientation of the vehicle (see at least paragraph 0033 and Figure 2; wherein an autonomous driving vehicle 2D parked at the pick-up space 63 of the pick-up area 53. Examiner indicates that by the vehicle 2D being parked at pickup space 63 within pickup area 53, the system knows the position and orientation of the vehicle) within the retrieval position (see at least paragraph 0032 and Figure 2; wherein pick-up area 53) based on at least one specified comfort condition see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63), wherein the at least one specified comfort condition includes: a minimum distance between one or more lateral surfaces or doors of the vehicle, and one or more structural elements of the parking area and/or other vehicles and/or a lane and/or a pedestrian path, and/or a specific orientation of the vehicle with respect to a lane direction (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63); and automatically provide the vehicle in the determined position and orientation within the retrieval position (see at least paragraph 0088; wherein the notification indicating that the vehicle is ready to leave the parking lot again means a notification for notifying the user that the autonomous driving vehicle 2 starts to autonomously travel toward the pick-up space 63); and a communication interface configured to receive data representing the at least one comfort condition and/or data representing the position and orientation of the vehicle within a retrieval position encompassed by the parking area from a terminal of a user, via a communication network (see at least paragraphs 0113-0114; wherein the user grants the instruction authority of the autonomous driving vehicle 2 to the parking lot management server 1 by, for example, stopping the autonomous driving vehicle 2 at the drop-off space 62 of the drop-off area 52 within the parking lot 50, alighting from the autonomous driving vehicle 2, operating the user terminal 3, and issuing the parking request. The user issues the pick-up request to cause the autonomous driving vehicle 2 parked in the parking space 61 via the parking lot management server 1 to travel to the pick-up space 63 of the pick-up area 53 via the parking lot management server 1. The autonomous driving vehicle 2 waits for the user in the pick-up space 63), wherein the parking area server is configured to control an automatic parking process for the vehicle based on the determined position and orientation of the vehicle within the retrieval position (see at least paragraph 0070; wherein the vehicle instruction unit 14 issues an instruction to the autonomous driving vehicle 2 that performs the automatic valet parking. In a case where the autonomous driving vehicle 2 starts the automatic valet parking, the vehicle instruction unit 14 instructs the target route for the autonomous driving vehicle 2 to reach the target parking space. A method for determining the target parking space is not particularly limited. The parking space may be allocated from the exit side in the order in which the vehicle enter the parking lot, or the parking space may be allocated from the exit side in order of a departure reservation time. The target parking space may be designated by the user). Sugano1 does not explicitly mention wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver. However Kanitz does disclose: wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver (see at least paragraph 0124; wherein the one or more motion constraints 510 can include a pick-up and/or drop-off vehicle orientation constraint indicative of a vehicle orientation at a pick-up location 705 and/or a drop off location 715. The vehicle orientation, for example, can identify an orientation of the bidirectional vehicle with respect to one or more route segments 710A-J). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kanitz with the teachings as in Sugano. The motivation for doing so would have been to safer, more comfortable, and uniquely tailored ride sharing operations, see Kanitz paragraph 0062. As per claim 31, Sugano discloses a parking area for vehicles (see at least Figure 2), comprising: one or more retrieval positions at which a vehicle can be retrieved after an automatic parking process has been carried out (see at least Figure 2; item 63); and a parking area server configured to operate the parking area (see at least Figure 1; item 1), the parking area server including: a computing unit configured to determine a position and orientation of a vehicle within a retrieval position which is encompassed by a parking area and at which the vehicle is to be retrieved after an automatic parking process (see at least paragraph 0114; wherein the user issues the pick-up request to cause the autonomous driving vehicle 2 parked in the parking space 61 via the parking lot management server 1 to travel to the pick-up space 63 of the pick-up area 53 via the parking lot management server 1. The autonomous driving vehicle 2 waits for the user in the pick-up space 63), the computing unit configured to: determine the position and orientation of the vehicle (see at least paragraph 0033 and Figure 2; wherein an autonomous driving vehicle 2D parked at the pick-up space 63 of the pick-up area 53. Examiner indicates that by the vehicle 2D being parked at pickup space 63 within pickup area 53, the system knows the position and orientation of the vehicle) within the retrieval position (see at least paragraph 0032 and Figure 2; wherein pick-up area 53) based on at least one specified comfort condition (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63), wherein the at least one specified comfort condition includes: a minimum distance between one or more lateral surfaces or doors of the vehicle, and one or more structural elements of the parking area and/or other vehicles and/or a lane and/or a pedestrian path, and/or a specific orientation of the vehicle with respect to a lane direction (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63); and automatically provide the vehicle in the determined position and orientation within the retrieval position (see at least paragraph 0088; wherein the notification indicating that the vehicle is ready to leave the parking lot again means a notification for notifying the user that the autonomous driving vehicle 2 starts to autonomously travel toward the pick-up space 63); and a communication interface configured to receive data representing the at least one comfort condition and/or data representing the position and orientation of the vehicle within a retrieval position encompassed by the parking area from a terminal of a user, via a communication network (see at least paragraphs 0113-0114; wherein the user grants the instruction authority of the autonomous driving vehicle 2 to the parking lot management server 1 by, for example, stopping the autonomous driving vehicle 2 at the drop-off space 62 of the drop-off area 52 within the parking lot 50, alighting from the autonomous driving vehicle 2, operating the user terminal 3, and issuing the parking request. The user issues the pick-up request to cause the autonomous driving vehicle 2 parked in the parking space 61 via the parking lot management server 1 to travel to the pick-up space 63 of the pick-up area 53 via the parking lot management server 1. The autonomous driving vehicle 2 waits for the user in the pick-up space 63); wherein the parking area server is configured to control an automatic parking process for the vehicle based on the determined position and orientation of the vehicle within the retrieval position (see at least paragraph 0070; wherein the vehicle instruction unit 14 issues an instruction to the autonomous driving vehicle 2 that performs the automatic valet parking. In a case where the autonomous driving vehicle 2 starts the automatic valet parking, the vehicle instruction unit 14 instructs the target route for the autonomous driving vehicle 2 to reach the target parking space. A method for determining the target parking space is not particularly limited. The parking space may be allocated from the exit side in the order in which the vehicle enter the parking lot, or the parking space may be allocated from the exit side in order of a departure reservation time. The target parking space may be designated by the user). Sugano1 does not explicitly mention wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver. However Kanitz does disclose: wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver (see at least paragraph 0124; wherein the one or more motion constraints 510 can include a pick-up and/or drop-off vehicle orientation constraint indicative of a vehicle orientation at a pick-up location 705 and/or a drop off location 715. The vehicle orientation, for example, can identify an orientation of the bidirectional vehicle with respect to one or more route segments 710A-J). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kanitz with the teachings as in Sugano. The motivation for doing so would have been to safer, more comfortable, and uniquely tailored ride sharing operations, see Kanitz paragraph 0062. As per claim 32, Sugano discloses a non-transitory computer-readable medium on which is stored a computer program including program code for determining a position and orientation of a vehicle within a retrieval position which is encompassed by a parking area and at which the vehicle is to be retrieved after an automatic parking process, the program code, when executed by a computer (see at least paragraph 0044; wherein the processor 40 collectively controls the memory 41, the storage 42, the communication interface 43, and the user interface 44. The memory 41 is a recording medium such as a read only memory (ROM), a random access memory (RAM), or the like. The storage 42 is a recording medium such as a hard disk drive (HDD)), causing the computer to perform the following steps: determining the position and orientation of the vehicle (see at least paragraph 0033 and Figure 2; wherein an autonomous driving vehicle 2D parked at the pick-up space 63 of the pick-up area 53. Examiner indicates that by the vehicle 2D being parked at pickup space 63 within pickup area 53, the system knows the position and orientation of the vehicle) within the retrieval position (see at least paragraph 0032 and Figure 2; wherein pick-up area 53) based on at least one specified comfort condition (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63), wherein the at least one specified comfort condition includes: a minimum distance between one or more lateral surfaces or doors of the vehicle, and one or more structural elements of the parking area and/or other vehicles and/or a lane and/or a pedestrian path, and/or a specific orientation of the vehicle with respect to a lane direction (see at least paragraph 0114 and Figure 2; wherein the autonomous driving vehicle 2 waits for the user in the pick-up space 63. Examiner indicates that by the vehicle waiting for user in pickup space 63, the comfort condition would be having the vehicle positioned correctly within the parking space 63); and automatically providing the vehicle in the determined position and orientation within the retrieval position (see at least paragraph 0088; wherein the notification indicating that the vehicle is ready to leave the parking lot again means a notification for notifying the user that the autonomous driving vehicle 2 starts to autonomously travel toward the pick-up space 63). Sugano1 does not explicitly mention wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver. However Kanitz does disclose: wherein the at least one specified comfort condition further includes an orientation of the vehicle within the retrieval position to facilitate a driving-off direction along a lane or toward an exit of the parking area without requiring a pulling-out or turning maneuver (see at least paragraph 0124; wherein the one or more motion constraints 510 can include a pick-up and/or drop-off vehicle orientation constraint indicative of a vehicle orientation at a pick-up location 705 and/or a drop off location 715. The vehicle orientation, for example, can identify an orientation of the bidirectional vehicle with respect to one or more route segments 710A-J). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kanitz with the teachings as in Sugano. The motivation for doing so would have been to safer, more comfortable, and uniquely tailored ride sharing operations, see Kanitz paragraph 0062.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 18 and 22-24 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sugano1, in view of Kanitz, and further in view of Pampus et al. (USPGPub 2012/0062394). As per claim 18, Sugano1 discloses wherein the parking area includes multiple different retrieval positions, and at least one of the retrieval positions, at which the vehicle of a user is to be retrieved after an automatic parking process (see at least paragraph 0032; wherein the pick-up area 53 is provided on an exit side of the parking lot 50 and is a place where the occupant boards the autonomous driving vehicle 2 that leaves the parking lot. The pick-up area 53 has a pick-up space 63 for the autonomous driving vehicle 2 to wait for the occupant to board the vehicle. The pick-up area 53 is connected to the parking area 51 via an exit gate 55). Sugano1 and Kanitz do not explicitly mention retrieval position is selected based on the at least one specified comfort condition, and a position and orientation of the vehicle within the selected retrieval position is determined. However Pampus does disclose: retrieval position is selected based on the at least one specified comfort condition, and a position and orientation of the vehicle within the selected retrieval position is determined (see at least paragraph 0033; wherein the positioning concept based on the corresponding rule. For detected parking spaces 702 and 704, a vehicle 700 would be guided into parking space 702 by the parking assistance system. Based on the classification of parking spaces 706 and 708, vehicle 700 would be guided into parking space 708. The same parking spaces would be selected by a parking assistance system of a vehicle 710 having the same design according to the present invention, specifically, when this vehicle 710 is traveling in the opposite direction as vehicle 700. It is pointed out that the comfort condition or rule for the driver to comfortably exit the vehicle, as illustrated in FIGS. 6b and 7, is adapted for vehicles in which the steering wheel, i.e., the driver's side, is on the left). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Pampus with the teachings as in Sugano1 and Kanitz. The motivation for doing so would have been to provide a simple and therefore cost-effectively implementable parking assistance system, see Pampus paragraph 0011. As per claim 22, Pampus discloses wherein one or more retrieval positions for which the at least one specified comfort condition can be met are suggested to a user for selection (see at least paragraph 0010; wherein a parking assistance system according to the present invention has the following components: a component for detecting a plurality of parking spaces; a component for selecting one of the detected parking spaces based on a degree of comfort; and a component for assisting in the parking operation into the selected parking space. The degree of comfort includes at least one predefined condition, on the basis of which the detected parking spaces are classifiable according to the presumed driver acceptance).
As per claim 23, Pampus discloses wherein the retrieval position and/or a position and orientation of the vehicle within the retrieval position is suggested or selected based on: a current traffic situation within the parking area, and/or experiences from previous bookings and/or retrievals of the user, and/or a number of known and/or ascertained passengers of the vehicle, and/or analyses of carried objects (see at least paragraph 0031; wherein a predefined condition is conceivable which classifies the parking spaces according to the presence of sufficient space for the driver to comfortably exit the vehicle. This condition ensures that the particular parking space is selected for which the driver is able to most easily exit the vehicle. Thus, once again the system selects a parking space which the driver himself would generally have chosen).
As per claim 24, Pampus discloses wherein at least one suggestion is ascertained for the retrieval position and/or a position and orientation of the vehicle within the retrieval position, and is provided to a user (see at least paragraph 0031; wherein a predefined condition is conceivable which classifies the parking spaces according to the presence of sufficient space for the driver to comfortably exit the vehicle. This condition ensures that the particular parking space is selected for which the driver is able to most easily exit the vehicle. Thus, once again the system selects a parking space which the driver himself would generally have chosen).
Claim 21 is rejected under 35 U.S.C. 103(a) as being unpatentable over Sugano1, in view of Kanitz, and further in view of Sugano (USPGPub 2021/0139017), hereinafter known as Sugano2. As per claim 21, Sugano1 and Kanitz do not explicitly mention wherein the at least one comfort condition is specified during reservation of a parking position encompassed by the parking area, by a user of the vehicle, the user specifying a specific process which is to be carried out when the vehicle is retrieved including: i) loading of a trunk of the vehicle, and/or ii) passengers getting in, and/or iii) driving off in a certain direction. However Sugano2 does disclose: wherein the at least one comfort condition is specified during reservation of a parking position encompassed by the parking area, by a user of the vehicle, the user specifying a specific process which is to be carried out when the vehicle is retrieved including: i) loading of a trunk of the vehicle, and/or ii) passengers getting in, and/or iii) driving off in a certain direction (see at least paragraph 0030; wherein the automated valet parking system 100 performs automated parking in response to a user request for entry or pick-up from a user of an associated one of the self-driving vehicles 2 and causes the associated one of the self-driving vehicles 2 to perform automated driving along a target route to enter or pick up). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Sugano2 with the teachings as in Sugano1 and Kanitz. The motivation for doing so would have been to reduce the influence of the failed vehicle on the subject vehicle, see Sugano2 paragraph 0006.
Claims 27 and 30 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sugano1, in view of Kanitz, and further in view of Smid (USPGPub 2020/0130676). As per claim 27, Sugano1 and Kanitz do not explicitly mention wherein the terminal is configured to offer a user at least one retrieval position for the vehicle for selection, the retrieval position being encompassed by the parking area and at which the vehicle is to be retrieved after an automatic parking process, wherein the terminal includes: a display device configured to display at least one retrieval position encompassed by the parking area, a second detection device configured to detect a selection request of a user of the vehicle for one of the displayed multiple retrieval positions, and a determination device configured to determine the retrieval position of the multiple retrieval positions that corresponds to the detected selection request as the retrieval position at which the vehicle of the user is to be retrieved after an automatic parking process, and to determine a position and orientation of the vehicle within the selected retrieval position based on the specified comfort conditions; wherein the communication interface is configured to transmit the determined retrieval position and the determined position and orientation of the vehicle within the selected retrieval position to the parking area server. However Smid does disclose: wherein the terminal is configured to offer a user at least one retrieval position for the vehicle for selection, the retrieval position being encompassed by the parking area and at which the vehicle is to be retrieved after an automatic parking process, wherein the terminal includes: a display device configured to display at least one retrieval position encompassed by the parking area, a second detection device configured to detect a selection request of a user of the vehicle for one of the displayed multiple retrieval positions, and a determination device configured to determine the retrieval position of the multiple retrieval positions that corresponds to the detected selection request as the retrieval position at which the vehicle of the user is to be retrieved after an automatic parking process, and to determine a position and orientation of the vehicle within the selected retrieval position based on the specified comfort conditions; wherein the communication interface is configured to transmit the determined retrieval position and the determined position and orientation of the vehicle within the selected retrieval position to the parking area server (see at least paragraph 0041; wherein the user sends a message to the system (e.g., via the app) with a request for pickup and information about the pickup location. For example, the user may indicate upon a map a desired pickup location, the user's mobile device may automatically send the user's location (e.g., using GPS functionality) to the vehicle, or the user may select a location from a list of predetermined pickup locations. For example, the user may actuate a user input of the mobile device to wirelessly transmit a signal to the vehicle (e.g., the ECU of the vehicle). Upon receiving the message or signal, the system 10 may respond with an acknowledgment (e.g., an alert in the app) or pick-up confirmation signal wirelessly transmitted to the mobile device of the user, the system may start the vehicle and exit the parking space (or parking location) and navigate the parking lot 92 toward the designated pickup location). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Smid with the teachings as in Sugano1 and Kanitz. The motivation for doing so would have been to avoid potential hazard for as long as the autonomous system relinquishes such control or driving, see Smid paragraph 0049. As per claim 30, Sugano1 and Kanitz do not explicitly mention wherein the communication interface configured to send position data from multiple retrieval positions encompassed by the parking area via the communication network to the terminal of the user, so that the terminal can display the multiple retrieval positions based on the position data. However Smid does disclose: wherein the communication interface configured to send position data from multiple retrieval positions encompassed by the parking area via the communication network to the terminal of the user, so that the terminal can display the multiple retrieval positions based on the position data (see at least paragraph 0041; wherein the user sends a message to the system (e.g., via the app) with a request for pickup and information about the pickup location. For example, the user may indicate upon a map a desired pickup location, the user's mobile device may automatically send the user's location (e.g., using GPS functionality) to the vehicle, or the user may select a location from a list of predetermined pickup locations. For example, the user may actuate a user input of the mobile device to wirelessly transmit a signal to the vehicle (e.g., the ECU of the vehicle). Upon receiving the message or signal, the system 10 may respond with an acknowledgment (e.g., an alert in the app) or pick-up confirmation signal wirelessly transmitted to the mobile device of the user, the system may start the vehicle and exit the parking space (or parking location) and navigate the parking lot 92 toward the designated pickup location). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Smid with the teachings as in Sugano1 and Kanitz. The motivation for doing so would have been to avoid potential hazard for as long as the autonomous system relinquishes such control or driving, see Smid paragraph 0049.
Claim 28 is rejected under 35 U.S.C. 103(a) as being unpatentable over Sugano1, in view of Kanitz, in view of Smid, and further in view of Pampus. As per claim 28, Sugano1, Kanitz, and Smid do not explicitly mention wherein the terminal is configured to output to a user at least one suggestion for a retrieval position and/or a position and orientation of the vehicle within the retrieval position based on: a current traffic situation within the parking area, and/or experiences from previous bookings and/or retrievals, and/or a number of known and/or ascertained passengers of the vehicle, and/or analyses of carried objects. However Pampus does disclose: wherein the terminal is configured to output to a user at least one suggestion for a retrieval position and/or a position and orientation of the vehicle within the retrieval position based on: a current traffic situation within the parking area, and/or experiences from previous bookings and/or retrievals, and/or a number of known and/or ascertained passengers of the vehicle, and/or analyses of carried objects (see at least paragraph 0031; wherein a predefined condition is conceivable which classifies the parking spaces according to the presence of sufficient space for the driver to comfortably exit the vehicle. This condition ensures that the particular parking space is selected for which the driver is able to most easily exit the vehicle. Thus, once again the system selects a parking space which the driver himself would generally have chosen). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Pampus with the teachings as in Sugano1, Kanitz, and Smid. The motivation for doing so would have been to provide a simple and therefore cost-effectively implementable parking assistance system, see Pampus paragraph 0011.
Allowable Subject Matter
Claims 19-20 are allowed.
As per claim 19, the closest prior art of record taken either individually or in combination with other prior art of record fails to teach or suggest:
The prior art fails to explicitly teach or suggest or render obvious wherein at least two retrieval positions are selected and a position and orientation of the vehicle within each of the selected retrieval positions are determined, wherein the vehicle is automatically reparked between the selected retrieval positions during the retrieval process.
As per claim 20, the closest prior art of record taken either individually or in combination with other prior art of record fails to teach or suggest:
The prior art fails to explicitly teach or suggest or render obvious wherein at least two different positions and/or orientations of the vehicle within a selected retrieval position are determined within the selected retrieval position, and wherein the vehicle is automatically reparked between the different positions and/or orientations of the vehicle within the selected retrieval position during the retrieval process.
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: USPGPub 2023/0039125 – Provide a parking assistant or a parking assistance system as well as a method for controlling a parking procedure, which is affected in particular by a parking assistant. The present invention furthermore relates to a vehicle which has a parking assistance system and/or applies a method in order to control a parking procedure. USPGPub 2022/0221867 – Provide vehicles configured for passenger service and, more specifically, to determining drop-off or pick-up locations for passengers of vehicles.
Conclusion
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/MAHMOUD S ISMAIL/ Primary Examiner, Art Unit 3662