DETAILED ACTION
The following is a Non-Final Office Action in response to communications filed on March 23rd 2026. Claims 1-20 are pending.
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 .
Response to Arguments/Amendments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1, 19 and 20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Whitaker (US 2017/0308075).
Applicant’s arguments, with respect to the rejection(s) of claim(s) 2-14 and 18 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Whitaker (US 2017/0308075) .
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is 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. It is unclear whether the first detection unit in claim 15 comprises a second Inertial measurement unit (IMU ) or if the IMU recited in Claim 15 is referring to the IMU in claim 1.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiriya (US 2015/0375741) in view of Whitaker et al. (US2017/0308075).
Claim(s) 1, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiriya (US 2015/0375741) in view of Whitaker et al. (US2017/0308075)
Regarding claim 1, Kiriya teaches an interface comprising:
a first detection unit configured to detect a user intent to cause a vehicle movement via
the interface (Para. [0148]… The first recognition unit 410a detects the mode of
major acceleration of the mobile device 3, which is indicated by the acceleration data transmitted from the mobile device 3, and, with reference to the motion data 430a, the first recognition unit 410a recognizes a movement instruction indicated by the motion of the user associated with the mode of acceleration. The first recognition unit 410a stores a recognized
result in the RAM. The first recognition unit 410a acts as a first recognition part), wherein the interface is configured to be removably attached to a vehicle;
a second detection unit configured to receive movement inputs to cause the vehicle
movement (Para. [0048].. The movement control unit 41d controls the vehicle moving apparatus 5 ( to be described later) such that the parking position of the vehicle 2 is adjusted. For example, when the user transmits an instruction signal to the mobile device 3,
the instruction signal indicating that the parking position of the vehicle 2 has to move forward by 10 centimeters, the movement control unit 41d controls the vehicle moving apparatus
5 such that the parking position of the vehicle 2 moves forward by 10 centimeters) ; and
a processor communicatively coupled with the first detection unit and the second
detection unit (Fig. 10, control unit 41), wherein the processor is configured to:
determine that a user intends to cause the vehicle movement based on first inputs
obtained from the first detection unit (Para. [0066]… The instruction signal is input via
the touch panel 33a by the user, and contains information regarding the direction and the distance of movement of the vehicle 2);
determine that the movement inputs are received by the second detection unit
within a first predefined time duration of determining that the user intends to cause the
vehicle movement (Para. [0145]… The time data 430b is a predetermined time indicating a difference between an amount of time required to recognize a motion of the user US based on the acceleration data, and an amount of time required to recognize a motion of the user US based on the image data), based on second inputs obtained from the second detection unit (Para. [0145]); and
transmit a command signal to the vehicle to cause the vehicle movement based on
the movement inputs (Para. [0048]… when the user transmits an instruction signal to the mobile device 3, the instruction signal indicating that the parking position of the vehicle 2 has to move forward by 10 centimeters, the movement control unit 41d controls the vehicle moving apparatus 5 such that the parking position of the vehicle 2 moves forward by 10 centimeters), responsive to determining that the movement inputs are received within the first predefined time duration (Para. [0048]…when the elapsed time tracked by the clock unit 41b reaches the predetermined value any one of the manual parking threshold value 43a, the automatic parking threshold value 43b, and the parking adjustment threshold value 43c the adjustment prohibiting unit 41e prohibits the adjustment of a parking position).
Kiriya fails to teach wherein the first detection unit comprises an inertial measurement unit (IMU), wherein the first detection unit detects the user intent when the user moves the interface in a predefined movement pattern.
However, Whitaker teaches wherein the first detection unit comprises an inertial measurement unit (IMU) Para. [0028]…the sensors 102 may be configured to transmit the data they obtain to one or more controllers of the vehicle 100, such as to controller 210,… for further processing. The sensors 102 may include any suitable sensor or sensors such as, but not limited to:….(7) inertial sensors (for example, an inertial measurement unit), wherein the first detection unit detects the user intent when the user moves the interface in a predefined movement pattern (Para. [0051-0052]…display objects 412 are configured to activate graphical or other display of any number or type of information stored in memory 442. Such instructions may include, for example, the required user x-y motion or z-direction (force) pattern to cause a particular vehicle movement, show results of user input, or provide various application prompts to the user. To control the movement of vehicle 100 by the user, force-based measurements received by the mobile device 410 in response to a user's input or selection of one or more interface objects 414 may be made and interpreted to determine a user's intent to move the vehicle 100, Para. [0061]…user's successful matching of the predetermined, target, variable pattern of user input force variations received by system 400 may be interpreted by system 400 as being indicative of user intent to activate a function or to move vehicle 100.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya with the system of controlling a vehicle from a remote device as taught by Whitaker to ensure safety of vehicle occupants and people or property in the vicinity of the vehicle to be remotely parked (Whitaker, Para. [0002-0003].
Regarding claims 19-20, please refer to the rejection of claim 1 which is commensurate in scope. Claim 1 being drawn to an interface, claim 19 being drawn to a method and claim 20 being drawn to a non-transitory computer readable storage medium.
Claim(s) 2-14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiriya (US 2015/0375741) in view of Whitaker et al. (US 2017/0308075) in further view of Kelly (GB/2536709).
Regarding claim 2, Kiriya in view of Whitaker teach the interface of claim 1, and further teaches transmitting the command signal to the vehicle when the movement inputs are received by the second detection unit within the first predefined time duration (Kiriya, Para. [0045-0048]).
Kiriya fails to teach wherein the first detection unit comprises an actuator disposed on the interface, wherein the first detection unit detects the user intent when the user actuates the actuator, and wherein the processor is further configured to: determine that the interface is in a neutral mode when the user actuates the actuator; activate an interface active mode responsive to determining that the interface is in the neutral mode when the user actuates the actuator; and transmit the command signal to the vehicle when the interface active mode is activated.
However, Kelly teaches wherein the first detection unit comprises an actuator disposed on the interface (Kelly, Fig. 2, actuating lever, 11 and 13) , wherein the first detection unit detects the user intent when the user actuates the actuator (Kelly, Pg. 11 lines 1-6… the contact sensor 35 determines that the user has 5 released the handle 21, a stop signal is transmitted to the vehicle V to initiate application of a braking force to bring the vehicle V to a controlled stop, or to maintain the vehicle V in a stationary condition. The contact sensor 35 can be a spring-biased mechanical switch or trigger which the user actuates when gripping the handle 21), and wherein the processor is further configured to: determine that the interface is in a neutral mode when the user actuates the actuator (Kelly, Pg. 3 lines 20-24… the external control device may comprise means for determining the orientation of the external control device. The orientation determining means may comprise a gyroscope, an accelerometer, or a tilt switch. The orientation determining means may determine if the external control device is in an upright orientation or in an inverted orientation); activate an interface active mode responsive to determining that the interface is in the neutral mode when the user actuates the actuator (Kelly, Pg. 3 lines 24-25)…the processor may be configured to modify the at least one external control signal in 25 dependence on the determined orientation of the external control device); and transmit the command signal to the vehicle when the interface active mode is activated (Kelly, Pg. 3 lines 25-28… The processor may be configured to generate the at least one external control signal in a first sense when the external control device is in a first orientation and to generate the at least one external control signal in a second sense when the external control device is in a second orientation…)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding Claim 3, Kiriya in view of Whitaker and Kelly teach the interface of claim 2, wherein the processor is further configured to deactivate the interface active mode when the movement inputs are not received by the second detection unit within the first predefined time duration (Kiriya, Para. [0040-0041].
Regarding Claim 4, Kiriya in view of Whitaker and Kelly teach the interface of claim 2 further comprising a user feedback unit, wherein the processor is further configured to cause the user feedback unit to output an activation notification when the interface active mode is activated (Kiriya, Para. [0182]… The message ME is a notice that has to be presented to the user when the controlling of parking of the vehicle is started.)
Regarding claim 5, Kiriya in view of Whitaker and Kelly teach the interface of claim 4, wherein the user feedback unit comprises at least one of a lighting unit, a speaker unit or a tactile feedback unit (Kiriya, Para. [0130]… While the vehicle 2 is moving for adjustment of the parking position, a speaker (not illustrated) may issue a warning sound.)
Regarding claim 6, Kiriya in view of Whitaker and Kelly teach the interface of claim 4, wherein the processor is further configured to: determine that the interface is not in the neutral mode when the user actuates the actuator (Kelly, Pg. 3 lines 20-34); and cause the user feedback unit to output an error notification responsive to determining that the interface is not in the neutral mode when the user actuates the actuator (Kelly, Pg. 3 lines 20-34).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 7, Kiriya in view of Whitaker teach the interface of claim 1, Kelly teaches further wherein the first detection unit comprises a proximity sensor, wherein the first detection unit detects the user intent when a user hand is disposed within a predefined distance of the proximity sensor (Kelly, Pg. 11 lines 10-13… a pressure sensor or a temperature sensor could be incorporated into the handle 21 to detect the user contacting the handle 21. A proximity sensor can be used in place of, or in addition to, the contact sensor 35) ; and wherein the processor is further configured to:
determine that the interface is in a neutral mode when the user hand is disposed within
the predefined distance of the proximity sensor (Kelly, Pg 7 lines 34-37...);
activate an interface active mode responsive to determining that the interface is in the
neutral mode when the user hand is disposed within the predefined distance of the proximity sensor (Kelly, pg. 4 lines 30-370; and
transmit the command signal to the vehicle when the interface active mode is activated
and when the movement inputs are received by the second detection unit within the first
predefined time duration (Kiriya, para. [0045-0047])
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 8, Kiriya in view of Whitaker and Kelly teach the interface of claim 7, wherein the processor is further configured to deactivate the interface active mode when the user hand is disposed outside the predefined distance from the proximity sensor (Kelly, Pg. 5 lines 2-4… the processor may be configured to inhibit transmission of the at least one external control signal when said user detecting means no longer detects the user. This may signal that the user has released the external control device.)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding Claim 9, Kiriya in view of Whitaker and Kelly teach the interface of claim 8, wherein the processor is further configured to:
determine that the second detection unit continues to receive the movement inputs for a
second predefined time duration after deactivating the interface active mode (Kiriya, Para. [0046-0047]); and output an error notification responsive to determining that the second detection unit continues to receive the movement inputs for the second predefined time duration after deactivating the interface active mode (Kiriya, Para. [0045-0048]).
Regarding claim 10, Kiriya in view of Whitaker teach the interface of claim 1, Kelly teaches further wherein the first detection unit comprises an actuator and a proximity sensor, wherein the first detection unit detects the user intent when a user hand is disposed within a predefined distance of the proximity sensor and when the user actuates the actuator (Kelly, Pg .4 lines 33-36) and wherein the processor is further configured to:
determine that the interface is in a neutral mode when the user hand is disposed within
the predefined distance of the proximity sensor and when the user actuates the actuator (Kelly, Pg. 3 lines 22-25);
activate an interface active mode responsive to determining that the interface is in the
neutral mode when the user hand is disposed within the predefined distance of the proximity sensor and when the user actuates the actuator (Kelly, pg. 4 lines 30-37…the external control device may comprise a user detecting means for detecting the user. The user detecting means may be configured to detect when the user is in contact with the external control device or proximal to the external control device. The processor may be configured to generate the at least one external control signal only when the user detecting means detects the user); and transmit the command signal to the vehicle when the interface active mode is activated and when the user hand is disposed within the predefined distance of the proximity sensor (Kelly, pg. 4 lines 30-37).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 11, Kiriya in view of Whitaker and Kelly teach the interface of claim 10, wherein the processor is further configured to output an error notification when the interface is not in the neutral mode when the user hand is disposed within the predefined distance of the proximity sensor and when the user actuates the actuator (Kelly, pg. 3 lines 20-37) or when the user actuates the actuator and the user hand is not disposed within the predefined distance of the proximity sensor (Kelly, pg. 3 lines 20-37).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 12, Kiriya in view of Whitaker teach the interface of claim 1, Kelly teaches further wherein the first detection unit comprises a first pressure sensor and a second pressure sensor (Kelly, pg. 16 lines 35-37- pg.17 lines 1-2…the pressure 35 sensing material could be incorporated into the handle 21 or into the first and second suction cups 7, 9. Alternatively, or in addition, the pressure sensing material can be used as a user 16 detecting means to determine when the user is contacting the handle 21, for example when they are gripping or holding the handle 21), wherein the first detection unit detects the user intent when the user activates the first pressure sensor and the second pressure sensor simultaneously (Kelly pg. 16 lines 35-37- pg.17), and wherein the processor is further configured to: determine that the interface is in a neutral mode when the user activates the first pressure sensor and the second pressure sensor simultaneously (Kelly Pg. 16 lines 34-36 – Pg 17 lines 1-2…the pressure 35 sensing material could be incorporated into the handle 21 or into the first and second suction cups 7, 9. Alternatively, or in addition, the pressure sensing material can be used as a user 16 detecting means to determine when the user is contacting the handle 21, for example when they are gripping or holding the handle 21); activate an interface active mode responsive to determining that the interface is in the neutral mode when the user activates the first pressure sensor and the second pressure sensor simultaneously (Kelly Pg. 16 lines 34-36 – Pg 17 lines 1-2); and
transmit the command signal to the vehicle when the interface active mode is activated
and when the movement inputs are received by the second detection unit within the first
predefined time duration (Kiriya. Para. [0045-0048]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 13, Kiriya in view of Whitaker and Kelly teach the interface of claim 12, wherein the processor is further configured to:
determine that the first pressure sensor and the second pressure sensor are deactivated
after the interface active mode is activated (Kelly, pg. 5 lines 4-6…the processor may be configured to 5 generate a stop signal when the user detecting means determines that user contact is terminated) ;
transmit a vehicle movement stop command signal to the vehicle to cause the vehicle
movement to stop when the first pressure sensor and the second pressure sensor are deactivated after the interface active mode is activated (Kelly, pg. 5 Lines 4-12); and deactivate the interface active mode when the first pressure sensor and the second pressure sensor are deactivated for more than a third predefined time duration (Kelly, pg. 15 lines 14-17).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 14, Kiriya in view of Whitaker and Kelly teach the interface of claim 13, wherein the processor is further configured to:
determine that the interface is not in the neutral mode responsive to determining that the
first pressure sensor and the second pressure sensor are deactivated (Kelly Pg. 16 lines 30-37); and
output an error notification responsive to determining that the interface is not in the neutral mode when the first pressure sensor and the second pressure sensor are deactivated (Kelly, pg. 15 lines 14-18).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya in view of Whitaker with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Regarding claim 18, Kiriya in view of Whitaker teach the interface of claim 1, Kelly teaches further wherein the second detection unit comprises one or more of a tilt sensor or a rotational sensor (Kelly, pg. 3 lines 20-23).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle apparatus as taught by Kiriya with the external vehicle control as taught by Kelly to improve safety (Kelly, Pg. 5 line 7)
Allowable Subject Matter
Claims 15-17 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 JODI M JONES whose telephone number is (571)272-0107. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Antonucci can be reached at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JODI JONES/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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