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 .
Status of Claims
Pending
1-4
35 U.S.C. 102
1-4
Response to Amendment
This office action is in response to applicant’s arguments and amendments filed 10/16/2025, which are in response to USPTO Office Action mailed 08/26/2025. Applicant’s arguments and amendments have been considered with the results that follow: THIS ACTION IS MADE FINAL.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 01/13/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Urano et al. (US 2018/0157271 A1, “Urano”).
Urano teaches:
An autonomous driving device comprising a processor configured to ([0027] autonomous driving system in a vehicle to drive autonomously; [0032] ECU, GPS, sensors, map and destination databases, HMI)
execute autonomous driving control for automatically generating a route from a departure point to a destination as a target route and autonomously driving a host vehicle to the destination along the target route, ([0028] causing a vehicle to travel autonomously toward a destination that is set in advance; destination may be set by an occupant of the vehicle) wherein
prior to starting the autonomous driving control, the processor displays a map image and receives a setting operation in which an operator ([0046] display; [0055] HMI to propose a destination to the occupant using at least one of an image display; occupant enters permission for the destination; [0088] occupant enters a waypoint destination on the touch panel, or via voice, through the HMI)
designates a specific geographic point on the map image and ([0033] GPS satellites to measure the vehicle position; [0041] associating a type of a waypoint destination with a preset action of the vehicle; [0056] When the occupant enters a waypoint destination through the HMI sets the entered waypoint destination as the waypoint destination of autonomous driving based on the map information stored in the map database)
selects a specific vehicle operation to be performed at the specific geographic point, ([0044] preset action is an action that an autonomously driven vehicle performs at a waypoint destination; preset action is associated with each type of waypoint destination; [0060] presents a preset action to the occupant based on the waypoint destination data stored; [0062] determines whether the presented preset action is permitted by the occupant by checking an occupant's input to the HMI)
the processor determining and storing the target route reflecting the specific geographic point and the selected specific vehicle operation, ([0059] map information, waypoint destination data, stored in database, [0060] When the type of a waypoint destination is recognized, presents a preset action to the occupant based on the waypoint destination data)
wherein, while traveling under the autonomous driving control along the stored target route, ([0064] generates a travel plan of the vehicle based on destination, waypoint, map information, vehicle position, environment, and traveling state that allows the vehicle to autonomously travel along the target route)
the processor causes the host vehicle to perform the selected specific vehicle operation at the specific geographic point ([0033] GPS, latitude/longitude of vehicle, [0050] recognizes the position of the vehicle on the map; [0066] generates a travel plan so that the vehicle performs the permitted preset action at the corresponding waypoint destination; [0076] performs the autonomous driving of the vehicle; [0078] If it is determined that the vehicle has arrived near the waypoint destination controls the vehicle so that the preset action is performed at the waypoint destination).
Urano further teaches:
The autonomous driving device according to claim 1, wherein: the specific geographic point is one or more of a deceleration point where the operator desires to decelerate the host vehicle, ([0042] requires a vehicle to stop temporarily on the road shoulder of the road. [0080] vehicle turns on the vehicle's hazard light and stops the vehicle on the road shoulder of the waypoint destination. [0048] controlling the braking force to be applied to the wheels. [0078] applying the parking brake)
a lane change point where the operator desires to change a lane of the host vehicle, and ([0068] FIG. 2 shows the position M1 of the vehicle where the vehicle starts the hazard-light-on stop, the position M2 of the vehicle in the stopped state by the hazard-light-on stop, the position M3 of the vehicle where the vehicle turns off the hazard light after restarting, and the waypoint destination Gv. Here, M1 to M2 is a lane change, and M2 to M3 is a lane change; [0048] controlling the steering torque of the vehicle)
a stopover point where the operator desires to temporarily stop the host vehicle off the target route; ([0041] parking space available location is a waypoint destination that has a parking space where a vehicle can be parked. [0042] vehicle to stop temporarily on the road shoulder of the road)
when the specific geographic point is the deceleration point, the specific vehicle operation is deceleration of the host vehicle; ([0042] vehicle to stop temporarily on the road shoulder of the road. [0048] controlling the braking force to be applied to the wheels. [0078] applying the parking brake)
when the specific geographic point is the lane change point, the specific vehicle operation is lane change of the host vehicle; and ([0068] FIG. 2 shows the position M1 of the vehicle where the vehicle starts the hazard-light-on stop, the position M2 of the vehicle in the stopped state by the hazard-light-on stop, the position M3 of the vehicle where the vehicle turns off the hazard light after restarting, and the waypoint destination Gv. Here, M1 to M2 is a lane change, and M2 to M3 is a lane change. [0048] controlling the steering torque of the vehicle)
when the specific geographic point is the stopover point, the specific vehicle operation is entry and stop of the host vehicle at the stopover point ([0041] parking space where a vehicle can be parked. [0042] requires a vehicle to stop temporarily on the road shoulder of the road. [0061] when the waypoint destination is a parking space available location, proposes engine-off parking and engine-on parking as the preset action. When the waypoint destination is a road shoulder stop location, proposes a hazard-light-on stop as the preset action).
Urano further teaches:
The autonomous driving device according to claim 1, wherein the processor is further configured to, set a performability condition associated with the specific geographic point, the condition being whether the host vehicle is able to perform the specific vehicle operation associated with the specific geographic point; and ([0079] parking space scheduled in the travel plan is unavailable; When there is no vacant parking space, the vehicle ask the occupant about the next action via the HMI; [0080] road shoulder space scheduled in the travel plan is unavailable; When there is no vacant road shoulder space, the vehicle may ask the occupant about the next action via the HMI)
when the specific geographic point is set by the operator and the performability condition is not satisfied, cause the host vehicle not to perform, at the specific geographic point, the specific vehicle operation associated with the specific geographic point while the host vehicle is traveling under the autonomous driving control ([0079] When there is a vacant parking space, the vehicle parks in that parking space and stops the engine. When there is no vacant parking space, the vehicle may ask the occupant about the next action; [0080] When there is a vacant parking space, the vehicle turns on the hazard light and then stops the vehicle in that road shoulder space. When there is no vacant road shoulder space, the vehicle may ask the occupant about the next action via the HMI).
Urano further teaches:
The autonomous driving device according to claim 3, wherein the processor is further configured to, when the performability condition is not satisfied, notify the operator that the host vehicle is unable to perform, at the specific geographic point, the specific vehicle operation associated with the specific geographic point ([0079] parking space scheduled in the travel plan is unavailable. When there is no vacant parking space, the vehicle may ask the occupant about the next action via the HMI; [0080] road shoulder space scheduled in the travel plan is unavailable. When there is no vacant road shoulder space, the vehicle may ask the occupant about the next action via the HMI).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON B EMMETT whose telephone number is (303)297-4231. The examiner can normally be reached Monday - Friday 9:00 - 5:00 ET.
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/MADISON B EMMETT/Examiner, Art Unit 3658
/JASON HOLLOWAY/Primary Examiner, Art Unit 3658