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 .
This is a non-final office action on the merits. Claims 1-10 are currently pending and are addressed below.
The examiner notes that the fundamentals of the rejection are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/14/2026 has been entered.
Response to Arguments
In light of the recent amendments and applicant’s arguments, with respect to the rejection of claims 1-9 under 35 U.S.C 101 have been fully considered and are persuasive. The independent claims have been amended to include a direct control step of “executing a driving assistance function,” to directly control the vehicle according to the positional information of the own vehicle based on the determination steps. The examiner acknowledges that the amended execution of directly issuing a control command to drive the vehicle based on determining the current position available cannot be performed in the human mind. In addition, the applicant presents a technological improvement of convergence time by reducing latency in positional estimation to enable earlier execution of a driving assistance function. As such, the 35 U.S.C 101 rejection of claims 1-9 has been withdrawn.
Applicant’s arguments with respect to the rejection of claims 1-9 under 35 U.S.C 103 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 § 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.
Claims 1, 3-4, and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ishioka Atsushi et al. (US20202007344A1), hereinafter referred to as Atsushi, in view of Gomi Yasuto et al. (JP20160156802A), hereinafter referred to as Yasuto.
Regarding claim 1, Atsushi discloses: an in-vehicle electronic control unit comprising: a processor (see at least Atsushi, Fig.1. Item 12, “control device”) configured to:
receive a global navigation satellite system (GNSS) signal from a GNSS satellite (see at least Atsushi, ¶¶ [0018]-[0019], which discloses receiving a global navigation satellite system signal indicative of the position of the host vehicle as well as map information from the navigation device)
generate GNSS information based on the GNSS signal (see at least Atsushi, ¶¶ [0018]-[0019], [0032]-[0033], which discloses generating information based on the GNSS signal such as positional and map information as well as travel trajectory generated from an action plan based on the GNSS information)
determine and positioning information of an own vehicle based on the GNSS information (see at least Atsushi, ¶¶ [0018]-[0019], [0030]-[0031], which discloses the system determining the position of the host vehicle on the basis of the positional information and map information obtained from the generated GNSS information)
Atsushi is silent on, however, in the same field of endeavor, Yasuto teaches: detect movement of the own vehicle based on vehicle movement detection information received from an external recognition sensor during a stopped state of the own vehicle (see at least Yasuto, ¶¶ [0007]-[0010], [0018]-[0020], [0022]-[0023], which discloses detecting an own vehicle position and stores the position when the driving of the vehicle is stopped, this means detect movement of the own vehicle based on vehicle movement detection information received from an external recognition sensor during a stopped state of the own vehicle)
store a first position of the own vehicle generated based on the GNSS information in response to determining that a vehicle system of the own vehicle is stopped (see at least Yasuto, ¶¶ [0007]-[0010], [0017], [0022]-[0023], which discloses storing a first store a first position of the own vehicle generated based on the GNSS information in response to determining that a vehicle system of the own vehicle is stopped)
wherein the processor determines whether the own vehicle has moved while the vehicle system is stopped based on the vehicle movement detection information (see at least Yasuto, ¶¶ [0015]-[0016], [0040]-[0041], which discloses the movement detection process determining whether the own vehicle is moved while in a stopped state depending on the output and data received from the traveling control device)
based on determining that the own vehicle has not moved while the vehicle system is stopped, determine a current position of the own vehicle as the first position (see at least Yasuto, ¶¶ [0015]-[0018], [0022]-[0023], [0053]-[0054], [0082]-[0083] which discloses based on determining that the own vehicle has not moved while the vehicle system is stopped, determine a current position of the own vehicle as the first position
enable a driving assistance function based on determining the current position is available (see at least Yasuto, ¶¶ [0076]-[0078], which disclose enabling and controlling the vehicle using a driving assistance function after determining the current position is available and travel control content transmitted to the drive system)
execute the driving assistance function to control the own vehicle based on the current position (see at least Yasuto, ¶¶ [0076]-[0078], which disclose enabling and controlling the vehicle using a driving assistance function after determining the current position is available and travel control content transmitted to the drive system)
It would have been obvious to a person of ordinary skill in the art to modify Atsushi to include detect movement of the own vehicle based on vehicle movement detection information received from an external recognition sensor during a stopped state of the own vehicle, store a first position of the own vehicle generated based on the GNSS information in response to determining that a vehicle system of the own vehicle is stopped, wherein the processor determines whether the own vehicle has moved while the vehicle system is stopped based on the vehicle movement detection information, based on determining that the own vehicle has not moved while the vehicle system is stopped, determine a current position of the own vehicle as the first position, enable a driving assistance function based on determining the current position is available, and execute the driving assistance function to control the own vehicle based on the current position. The examiner would like to note that the base device of Atsushi provides disclosure that position information is stored according to measured behavior of the vehicle, which may possibly include a stopped state, however, this is not explicitly provided as an example, therefore, the teachings of Yasuto are combined to meet the requirements of the amended claim. Incorporating the teachings of Yasuto allows for an improvement where the current vehicle position is detected based on the detection content at the time of driving start and immediately before when the driving of the vehicle is stopped.
Regarding claim 3, Atsushi is silent on, however, in the same field of endeavor, Yasuto teaches: the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to:
determine whether the movement of the own vehicle is equal to or greater than a predetermined threshold value while the vehicle system is stopped, that estimate the current position of the own vehicle without using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value is detected (see at least Yasuto, ¶¶ [0018]-[0019] which discloses the power movement determination unit that determines whether the vehicle is moved when the determination unit senses the vehicle is stopped; an output value is measured to be equal to, or greater than a predetermined threshold without using the first position, this means determine whether the movement of the own vehicle is equal to or greater than a predetermined threshold value while the vehicle system is stopped, that estimate the current position of the own vehicle without using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value is detected)
and estimate the current position of the own vehicle using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value has not been detected (see at least Yasuto, ¶¶ [0020]-[0023] which discloses estimating the current position of the own vehicle using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value has not been detected)
It would have been obvious to a person of ordinary skill in the art to modify Atsushi to include determine whether the movement of the own vehicle is equal to or greater than a predetermined threshold value while the vehicle system is stopped, that estimate the current position of the own vehicle without using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value is detected and estimate the current position of the own vehicle using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value has not been detected. Incorporating the teachings of Yasuto allows for an improvement where the current vehicle position is detected based on the detection content at the time of driving start and immediately before when the driving of the vehicle is stopped.
Regarding claim 4, Atsushi is silent on, however, in the same field of endeavor, Yasuto teaches: the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to:
calculate a position error of the own vehicle (see at least Yasuto, ¶¶ [0019], [0021]-[0023], which discloses calculating a change amount of the output value regarding a position offset of the own vehicle and measuring the changed amount against various thresholds to determine that the current position of the own vehicle is not the first position and calculated as the current vehicle position based on the position error)
determine whether the calculated position error is smaller than a predetermined threshold value (see at least Yasuto, ¶¶ [0023], which discloses an instance in the process where it is determined whether the calculated change amount of the output value (calculated position error) is smaller than a predetermined threshold value; the movement flag is not indicated as ON and a new current position of movement is not stored, the first position is maintained)
determine that the current position of the own vehicle is not estimated based on the first position of the own vehicle when the vehicle system is stopped in a case where the calculated position error is larger than a predetermined threshold value (see at least Yasuto, ¶¶ [0022], which discloses an instance where the current position of the vehicle is not based on the first position measured when the vehicle system is stopped when the calculated change amount of the output value is larger than a predetermined threshold, a determination is made that the vehicle has been moved while the driving of the vehicle is stopped)
and determine that the current position of the own vehicle is estimated based on the first position of the own vehicle when the vehicle system is stopped in a case where the calculated position error is smaller than a predetermined threshold value (see at least Yasuto, ¶¶ [0023], which discloses an instance in the process where it is determined whether the calculated change amount of the output value (calculated position error) is smaller than a predetermined threshold value; the movement flag is not indicated as ON and a new current position of movement is not stored, the first position is maintained, this means determine that the current position of the own vehicle is estimated based on the first position of the own vehicle when the vehicle system is stopped in a case where the calculated position error is smaller than a predetermined threshold value)
Regarding claim 7, Atsushi discloses: the in-vehicle electronic control unit according to claim 1, wherein the processor estimates the current position of the own vehicle by using, as an existence range of a candidate point at a time of start of positioning, a value in which a position error when the vehicle system is stopped and a movement amount while the vehicle system is stopped are added (see at least Atsushi, ¶¶ [0063]-[0065], which discloses estimating the current position of the own vehicle by using, as an existence range of a candidate point at a time of start of positioning, a value in which a position error when the vehicle system is stopped and a movement amount while the vehicle system is stopped are added)
Regarding claim 8, Atsushi discloses: a position estimation method (see at least Atsushi, Fig.1. Item 12, “control device,” and ¶¶ [0004]-[0008]) executed by an in-vehicle electronic control unit, wherein the position estimation method comprises:
acquiring from an external recognition sensor, vehicle movement detection information (see at least Atsushi, ¶¶ [0018]-[0019], [0030]-[0031], which discloses the system determining the position of the host vehicle on the basis of the positional information and map information obtained from the generated GNSS information)
receiving a global navigation satellite system signal from a GNSS satellite (see at least Atsushi, ¶¶ [0018]-[0019], which discloses receiving a global navigation satellite system signal indicative of the position of the host vehicle as well as map information from the navigation device)
generating GNSS information based on the GNSS signal (see at least Atsushi, ¶¶ [0018]-[0019], [0032]-[0033], which discloses generating information based on the GNSS signal such as positional and map information as well as travel trajectory generated from an action plan based on the GNSS information)
determining position information of an own vehicle based on GNSS information (see at least Atsushi, ¶¶ [0018]-[0019], [0030]-[0031], which discloses the system determining the position of the host vehicle on the basis of the positional information and map information obtained from the generated GNSS information)
Atsushi is silent on, however, in the same field of endeavor, Yasuto teaches: detecting movement of the own vehicle based on the vehicle movement detection information (see at least Yasuto, ¶¶ [0007]-[0010], [0018]-[0020], [0022]-[0023], which discloses detecting an own vehicle position and stores the position when the driving of the vehicle is stopped, this means detect movement of the own vehicle based on vehicle movement detection information received from an external recognition sensor during a stopped state of the own vehicle)
storing a first position of the own vehicle generated based on the GNSS information in response to determining that a vehicle system of the own vehicle is stopped (see at least Yasuto, ¶¶ [0007]-[0010], [0017], [0022]-[0023], which discloses storing a first store a first position of the own vehicle generated based on the GNSS information in response to determining that a vehicle system of the own vehicle is stopped)
determining whether the own vehicle has moved while the vehicle system is stopped based on the movement detection information (see at least Yasuto, ¶¶ [0015]-[0016], [0040]-[0041], which discloses the movement detection process determining whether the own vehicle is moved while in a stopped state depending on the output and data received from the traveling control device)
and based on determining that the own vehicle has not moved while the vehicle system is stopped, determining a current position of the own vehicle a the first position (see at least Yasuto, ¶¶ [0015]-[0018], [0022]-[0023], [0053]-[0054], [0082]-[0083] which discloses based on determining that the own vehicle has not moved while the vehicle system is stopped, determine a current position of the own vehicle as the first position
enabling a driving assistance function based on determining the current position is available (see at least Yasuto, ¶¶ [0076]-[0078], which disclose enabling and controlling the vehicle using a driving assistance function after determining the current position is available and travel control content transmitted to the drive system)
and executing the driving assistance function to control the own vehicle based on the current position (see at least Yasuto, ¶¶ [0076]-[0078], which disclose enabling and controlling the vehicle using a driving assistance function after determining the current position is available and travel control content transmitted to the drive system)
It would have been obvious to a person of ordinary skill in the art to modify Atsushi to include detecting movement of the own vehicle based on vehicle movement detection information received from an external recognition sensor during a stopped state of the own vehicle, store a first position of the own vehicle generated based on the GNSS information in response to determining that a vehicle system of the own vehicle is stopped, wherein the processor determines whether the own vehicle has moved while the vehicle system is stopped based on the vehicle movement detection information, based on determining that the own vehicle has not moved while the vehicle system is stopped, determining a current position of the own vehicle as the first position, enabling a driving assistance function based on determining the current position is available, and executing the driving assistance function to control the own vehicle based on the current position. The examiner would like to note that the base device of Atsushi provides disclosure that position information is stored according to measured behavior of the vehicle, which may possibly include a stopped state, however, this is not explicitly provided as an example, therefore, the teachings of Yasuto are combined to meet the requirements of the amended claim. Incorporating the teachings of Yasuto allows for an improvement where the current vehicle position is detected based on the detection content at the time of driving start and immediately before when the driving of the vehicle is stopped.
Regarding claim 9, Atsushi discloses: the in-vehicle electronic control unit according to claim 1, wherein the external recognition sensor includes at least one of radar, Lidar, or a camera sensor (see at least Atsushi, ¶¶ [0018], which discloses a radar, LIDAR, and camera sensor)
Regarding claim 10, Atsushi is silent on, however, in the same field of endeavor, Yasuto teaches: the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to: based on determining that the own vehicle has moved while the vehicle system is stopped, execute a GNSS positioning process to determine the current position of the own vehicle (see at least Yasuto, ¶¶ [0015]-[0016], [0040]-[0041], which discloses the movement detection process determining whether the own vehicle is moved while in a stopped state depending on the output and data received from the traveling control device, using a GNSS positioning process)
It would have been obvious to a person of ordinary skill in the art to modify Atsushi to include the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to: based on determining that the own vehicle has moved while the vehicle system is stopped, execute a GNSS positioning process to determine the current position of the own vehicle as taught by Yasuto. Incorporating the teachings of Yasuto allows for an improvement where the current vehicle position is detected based on the detection content at the time of driving start and immediately before when the driving of the vehicle is stopped.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over modified Atsushi in view of Ishigami Tadatomi et al. (US20210215485A1), hereinafter referred to as Tadatomi.
Regarding claim 2, modified Atsushi is silent on, however, in the same field of endeavor, Tadatomi teaches: the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to estimate the first position of the own vehicle by precise point positioning calculation (see at least Tadatomi, ¶¶ [0243]-[0244] which discloses calculating a current position of the own (subject) vehicle by PPP positioning)
It would have been obvious to a person of ordinary skill in the art to further change modified Atsushi to include the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to estimate the first position of the own vehicle by PPP positioning calculation as taught by Tadatomi. Incorporating the teachings of Tadatomi into modified Atsushi would allow for an improvement where an error in the pseudorange is corrected using positioning augmentation data, resulting in a corrected initialization of the smoothed value.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over further modified Atsushi in view of Ueda Hirotoshi et al. (US20180373265A1), hereinafter referred to as Hirotoshi.
Regarding claim 5, further modified Atsushi discloses: determine that a current position of the own vehicle is not estimated based on the first position of the own vehicle when the vehicle system is stopped in a case where a movement amount of the own vehicle while the vehicle system is stopped is larger than a predetermined threshold value (see at least Yasuto, ¶¶ [0022], which discloses an instance where the current position of the vehicle is not based on the first position measured when the vehicle system is stopped when the calculated change amount of the output value is larger than a predetermined threshold, a determination is made that the vehicle has been moved while the driving of the vehicle is stopped)
and determine that a current position of the own vehicle is estimated based on the first position of the own vehicle when the vehicle system is stopped in a case where a movement amount of the own vehicle while the vehicle system is stopped is smaller than a predetermined threshold value (see at least Yasuto, ¶¶ [0023], which discloses an instance in the process where it is determined whether the calculated change amount of the output value (calculated position error) is smaller than a predetermined threshold value; the movement flag is not indicated as ON and a new current position of movement is not stored, the first position is maintained, this means determine that the current position of the own vehicle is estimated based on the first position of the own vehicle when the vehicle system is stopped in a case where the calculated position error is smaller than a predetermined threshold value)
Further modified Atsushi is silent on, however, in the same field of endeavor, Hirotoshi teaches: the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to:
compare a position of the own vehicle calculated from a target recognized by the external recognition sensor when the vehicle system is stopped with a position of the own vehicle calculated from a target recognized by the external recognition sensor when the vehicle system started subsequently and determine whether the own vehicle has moved while the vehicle system is stopped (at least Hirotoshi, Fig. 7B, “Steps S118, S120, S122,” ¶¶ [0073]-[0077], which discloses determining whether a change in vehicle position exceeds a predetermined threshold to estimate the current position of the own vehicle (S114-122) using the store reference (S124), this means estimate the current position of the own vehicle using the first position of the own vehicle when the vehicle system is stopped in a case where movement of the own vehicle by equal to or greater than a predetermined threshold value has not been detected)
It would have been obvious to a person of ordinary skill in the art to change further modified Atsushi to include compare a position of the own vehicle calculated from a target recognized by the external recognition sensor when the vehicle system is stopped with a position of the own vehicle calculated from a target recognized by the external recognition sensor when the vehicle system started subsequently and determine whether the own vehicle has moved while the vehicle system is stopped. Incorporating this would allow for further improvement to the base device of further modified Atsushi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
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