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 .
Response to Arguments
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive. Applicant argues that Ohira only teaches constant acceleration/deceleration and not the change based on distance as claimed. Examiner has included Annotated Fig. 6 and Fig. 7 (Fig.7 is linked to Fi.6 via Ohira 0015) to aid in explaining why that is not persuasive as the claims are currently written. Here is the disputed claim language with explanation for how each part is interpreted.
“a control part that controls the vehicle by changing an acceleration rate or a deceleration rate” [the acceleration rate changes from A to Zone B with +0.1m/sec acceleration to 0m/sec acceleration). The line between those is a change in acceleration and acceleration also changes between B and C with negative 0.1m/sec per cycle (1sec) acceleration.]
“depending on a distance between a starting position of the vehicle in the movement route and a stopping position of the vehicle in the movement route” [Fig. 7 and Fig. 6 are linked 0015 so the graphs are read together including the distance and speed/acceleration. They are interconnected/depend. Further, the link between distance and the changes in deceleration incorporate the set +-0.1m/sec acceleration and the 0m/sec acceleration based on the distance needed to get to the max speed, here .6m/sec. With a fixed max speed and a fixed acceleration over the segments it will be the same travel distance based on starting point to get to the transition points between A to B and the transition point between B to C based on distance to endpoint. Thus, the total operation from A to B to C has changes in acceleration based on distance between the starting and stopping points because the vehicle needs to operated within the total distance with the limitations to max velocity, and acceleration in each zone.].
Examiner treats acceleration and deceleration as the same thing because negative numbers maybe used with either concept. Because of that the arguments are unpersuasive and the rejection below is maintained and applied to the similar claims.
PNG
media_image1.png
803
585
media_image1.png
Greyscale
Claim Rejections - 35 USC § 112
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 3-16 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. Unclear what an “acceleration range” is in this regard or if there is support in the originally filed application. Examiner will treat this as “acceleration rate” for the remainder of the examination. If applicant intended “acceleration range” a new matter rejection may be appropriate unless support for that phrase is disclosed.
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 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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US 20190061740 A1 hereinafter Ohira.
Claim 1, Ohira discloses a parking assistance device comprising: a route setting part that sets a movement route of a vehicle; and
a control part that controls the vehicle by changing an acceleration rate or a deceleration rate depending on a distance between a starting position of the vehicle in the movement route and a stopping position of the vehicle in the movement route. Ohira is a parking routine acceleration control with three sections an acceleration (Section A), a steady speed (section B), and a deceleration/negative acceleration (section C). Section A has a positive 0.1m/sec per cycle (1sec) acceleration. Section B has a zero acceleration. Section C a negative 0.1m/sec per cycle (1sec) acceleration. The sections of the parking routine acceleration control are based on the target location and distance. So, the acceleration is not constant in Ohira when changing sections through the parking routine and is based on distance to target. The control changes from sections A to B (+0.1m/sec acceleration to 0m/sec acceleration) and sections B to C (0m/sec acceleration to -0.1m/sec acceleration).
(paragraphs [0059-0092]: "[0059] The route generation unit 404 generates g moving route 501 for guiding the reference position G of the vehicle 1 to the target parking position N. The distance calculation unit 405 calculates a target distance of the moving route 501. In the present embodiment, the parking assistance device 400 performs steering, braking, and acceleration/deceleration control so as to move the vehicle 1 as much as the calculated target distance. In the present embodiment, the brake and acceleration/deceleration control is mainly described, but steering control according to a moved distance of the vehicle 1 is also assumed to be performed ...
[0061] Fig. 6 is an exemplary diagram illustrating a relationship between a target vehicle speed and an elapsed time set by the parking assistance device in the related art. In the example illustrated in Fig. 6 . it is assumed that a target distance is 8 m and a control cycle Ts is 1 second. The target vehicle speed calculation unit 406 calculates the target vehicle speed for each control cvcle Ts (1 second).
[0063] In the example illustrated in Fig. 6, at the time of acceleration of the vehicle, the parking assistance device increases the target vehicle speed in accordance with the set acceleration aplus(0.1 m/sec) for each control cycle Ts (1 second). Thereafter, the parking assistance device sets the maximum vehicle speed Vmaxas the target vehicle speed and moves the vehicle at the target vehicle speed. Thereafter, at the time of deceleration of the vehicle, the parking assistance device reduces the target vehicle speed in accordance with the set deceleration aminus(-0. 1 m/sec) that can be output when the parking assistance is performed for every control cycle Ts (1 second).
[0065] Fig. 8 is an exemplary diagram illustrating a change of the vehicle speed at the time of deceleration of the vehicle. As illustrated in Fig. 8, a movement
distance D from the current vehicle position to the stop position of the vehicle at the time of deceleration of the vehicle is calculated by Equation (1). D = 1 I 2 a minus· Ts 2 n n + 1; figures 5-11").
PNG
media_image2.png
368
575
media_image2.png
Greyscale
As to claim 7, Ohira discloses a parking assistance device comprising: a route setting part that sets a movement route of a vehicle; and a control part that controls the vehicle by changing a magnitude of an acceleration rate or a deceleration rate depending on a total distance between a starting position of the vehicle in the movement route and a stopping position of the vehicle in the movement route. (use the citations from claim 1 with the only change being magnitude and that is explained here. The magnitude does change and has a plurality of accelerations/decelerations to choose from. As to magnitude there is absolute value of a change of speed by 1m/s and 0m/s those are different magnitudes that apply from the start point at the start of zone A to the end point at the end of zone C. Applicant appears to be limiting the full parking to only applying to individual Zones and not the 3 zones and the transitions between. Examiner uses the full parking routine.).
As to claim 13, Ohira discloses a parking assistance device comprising: a route setting part that sets a movement route of a vehicle; and a control part that controls the vehicle by selecting from a plurality of different acceleration rages or a plurality of different deceleration rates depending on a total distance between a starting position of the vehicle in the movement route and a stopping position of the vehicle in the movement route. (use the citations from claim 1 with the only change being a plurality of rates in acceleration which is explained here.) The magnitude does change and has a plurality of accelerations/decelerations to choose from. As to plurality of acceleration/deceleration rates examiner treats deceleration and acceleration as acceleration and there are a plurality of acceleration rates change of speed by positive 1m/s, change of speed by negative 1m/s, and change of speed by 0m/s those are a plurality of accelerations that apply from the start point at the start of zone A to the end point at the end of zone C. Applicant appears to be limiting the full parking to only applying to individual Zones and not the 3 zones and the transitions between. Examiner uses the full parking routine.).
As to claims 2, 8, and 14, Ohira discloses wherein the control part performs braking control of the vehicle using a plurality of deceleration rates set to decrease as the distance between the starting position and the stopping position decreases [Fig. 6 and explanation of section in claim 1].
As to claims 3, 9, and 15, Ohira discloses wherein the plurality of deceleration rates are a first deceleration rate when the distance is equal to or greater than a threshold, and a second deceleration rate when the distance is less than the threshold, the second deceleration being smaller than the first deceleration [Fig. 13 and related text and the interpretation of Fig. 6 in claim 1.].
As to claims 4, 10, and 16, Ohira discloses wherein when the distance is less than the threshold, the control part starts a deceleration operation at a timing earlier than when the distance is equal to or greater than the threshold [Fig. 13 and related text and the interpretation of Fig. 6 in claim 1.].
As to claims 5, 11, and 17, Ohira discloses comprising a target speed setting part that sets a target speed between the starting position and the stopping position, wherein the control part: increases, when the distance between the starting position and the stopping position is less than a distance threshold, a driving force of the vehicle at a first change rate in starting the vehicle; increases, when the distance is equal to or greater than the distance threshold and the target speed is equal to or greater than a speed threshold, the driving force at a second change rate larger than the first change rate in starting the vehicle; and increases, when the distance is equal to or greater than the distance threshold and the target speed is less than the speed threshold, the driving force at the first change rate [Fig. 13 and Fig. 12 and related text Step 1205 is Fig. 13. Fig. 13 determines the speed with thresholds those are applied based on distance from Fig. 12 and related text and the interpretation of Fig. 6 in claim 1.].
As to claims 6, 12, and 18 Ohira discloses wherein the control part: reduces, when the distance is less than the distance threshold, a braking force of the vehicle at a third change rate in starting the vehicle; reduces, when the distance is equal to or greater than the distance threshold and the target speed is equal to or greater than the speed threshold, the braking force at a fourth change rate larger than the third change rate in starting the vehicle; and reduces, when the distance is equal to or greater than the distance threshold and the target speed is less than the speed threshold, the braking force at the third change rate [Fig. 13 and Fig. 12 and related text Step 1205 is Fig. 13. Fig. 13 determines the speed with thresholds those are applied based on distance from Fig. 12 and related text and the interpretation of Fig. 6 in claim 1.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20150375740 A1 The parking support device has a calculation unit (17) that calculates the speed pattern that causes a vehicle to travel along a traveling route from a current position of the vehicle to a target parking position. An acceleration recognition unit (13) recognizes the driver-requested acceleration regarding the vehicle based on an accelerator operation performed by the driver of the vehicle. A control unit (19) controls the parking support in the target parking position based on the speed pattern and the traveling route.
US 20180265079 A1 The device (102) has a trajectory plan unit (150) is configured to determine a limit stop position corresponding to a limit position to which an own vehicle travels along a traveling direction indicated by a target trajectory forward over a target stop position included in a target trajectory, when a driver performs a driving operation in a parking operation. A control unit (146,152) is configured to perform acceleration in accordance with the driving operation by the driver under a condition that a distance to the target stop position from a position of the own vehicle when the driving operation is performed is larger than a predetermined distance. The control unit is configured to perform deceleration so that the own vehicle stops in a range to the limit stop position after the acceleration.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK M BRUSHABER whose telephone number is (313)446-4839. The examiner can normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at (571) 272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FREDERICK M BRUSHABER/
Primary Examiner
Art Unit 3665
/FREDERICK M BRUSHABER/Primary Examiner, Art Unit 3665
Prosecution Insights