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 final office action on the merits. Claims 1-9 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.
Response to Arguments
Applicant's arguments filed 11/20/2025, regarding the rejection of claims 1-8 under 35 U.S.C 101 have been fully considered but they are not persuasive. The examiner has carefully considered applicant’s remarks pertaining to the current 101 rejection of record, and respectfully disagrees for the following reasons:
While the GNSS signal reception is recited as part of the environment, the claim is directed towards evaluating vehicle movement conditions and determining whether to estimate a current position using previously stored position information. The examiner would like note that the abstract idea is grounded in the determination logic, not the sensors. Merely using data from generic components such as sensors does not render the claim non-abstract, or integrated into practical application. Additionally, although applicant argues that the claimed invention shortens the GNSS convergence time, the claims do not recite any limitation that modifies how GNSS position is performed, or reduces convergence time. Instead, the claims recite abstract data handling applied in a vehicle control environment context. Improving a determination, or decision making process constitutes an improvement to an abstract idea itself, which does not render the claim patent eligible.
With respect to the interpretation of claims 1-8 under 35 U.S.C 112(f), in light of the amendments, applicant’s arguments have been fully considered and are persuasive. The claim interpretation has been withdrawn.
Applicant’s arguments with respect to the 35 U.S.C 103 rejection of claims 1-8 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 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claim 1 is directed towards a control unit which falls within at least one of the statutory categories.
STEP 2A (Prong 1)
Claim 1
An in-vehicle electronic control unit comprising:
a positioning calculation unit that acquires GNSS information and acquires positioning information of an own vehicle
a vehicle movement detection unit that detects movement of the own vehicle
an own vehicle movement determination unit that estimates movement while a vehicle system is stopped
wherein the own vehicle movement determination unit determines whether the own vehicle has moved while the vehicle system is stopped, and based on a determination result as to whether the own vehicle has moved
determines whether the positioning calculation unit estimates a current position of the own vehicle by using a position of the own vehicle when the vehicle system is stopped
The examiner submits that the foregoing bolded limitations constitute a mental process because under its broadest reasonable interpretation, the claim covers performance of limitations in the human mind. The “detects,” ”determines,” and “estimates” steps in the context of the claims, encompasses a person looking at the acquired positioning and movement data collected (obtained, received, acquired, etc.) and forming a simple judgement (determination, estimation, detection, analysis, comparison, etc.) regarding the movement information of the user’s vehicle either mentally, or using pen and paper. For instance, a person can make these simple judgements of whether the user’s vehicle has moved and estimate its current position by looking at the information acquired from the positioning calculation, vehicle movement detection, and own vehicle movement determination units.
STEP 2A (Prong 2)
Claim 1
An in-vehicle electronic control unit comprising:
a positioning calculation unit that acquires GNSS information and acquires positioning information of an own vehicle
a vehicle movement detection unit that detects movement of the own vehicle
an own vehicle movement determination unit that estimates movement while a vehicle system is stopped
wherein the own vehicle movement determination unit determines whether the own vehicle has moved while the vehicle system is stopped, and based on a determination result as to whether the own vehicle has moved
determines whether the positioning calculation unit estimates a current position of the own vehicle by using a position of the own vehicle when the vehicle system is stopped
The examiner submits that the identified additional limitations do not integrate the
previously discussed abstract ideas into practical applications. Regarding the additional
limitations of, “acquiring” they are forms of insignificant extra- solution activity. The “acquiring” steps are recited at a high level of generality (i.e. as a general means of receiving, obtaining etc., data regarding a vehicle) and amounts to mere data gathering which is a form of insignificant extra-solution activity. Additionally, the examiner submits that the identified additional limitations do not integrate the previously discussed abstract ideas into practical applications. The recited facilities such as “electronic control unit,” “positioning calculation unit,” “vehicle movement detection unit,” “vehicle movement detection unit,” and “own vehicle movement determination unit,” are generic computer components meant to implement the abstract ideas into a computer and merely “apply” the mental judgements in a general-purpose vehicle controls environment. As such, the additional elements of claim 1 do not integrate the abstract idea into practical application.
STEP 2B
Claim 1 does not include additional elements (considered individually and as an ordered
combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above. General application of an exception using a generic computer component cannot provide an inventive concept.
Thus, since claim 1 is: (a) directed towards abstract ideas, (b) does not recite additional elements that integrate the judicial exception into a practical application, and (c) does not recite additional elements that amount to significantly more than the judicial exception, it is clear that claim 1 is directed towards non-statutory subject matter. Regarding claim 8, please refer to the rejection of claim 1 as it is commensurate in scope, with claim 1 directed towards an electronic control unit and claim 8 to a position estimation method.
Dependent claims 2-7 and 9 do not recite any further limitations that cause the claims to be patent eligible. The limitations of the dependent claims are directed towards additional aspects of the judicial exception and/or additional elements that do not integrate the judicial exception into a practical application.
As such, claims 1-9 are rejected under 35 U.S.C 101 as being drawn to an abstract
idea without significantly more, and thus are ineligible.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ishigami Tadatomi et al. (US20210215485A1), hereinafter referred to as Tadatomi in view of Watanabe Keisuke et al. (JP20190086390A), hereinafter referred to as Keisuke, in further view of Ueda Hirotoshi et al. (US20180373265A1), hereinafter referred to as Hirotoshi.
Regarding claim 1, Tadatomi discloses: an in-vehicle electronic control unit (see at least Tadatomi, ¶¶ [0049]-[0050]) comprising:
a processor (see at least Tadatomi, ¶¶ [0263]-[0265] which discloses a processor) configured to:
receive a GNSS signal from a GNSS satellite (see at least Tadatomi, ¶¶ [0263]-[0265] which discloses receiving a GNSS signal from a GNSS satellite)
generate GNSS information based on the GNSS signal (see at least Tadatomi, ¶¶ [0263]-[0265] which discloses generating GNSS information based on the GNSS signal)
determine positioning information of an own vehicle based on the GNSS signal (see at least Tadatomi, ¶¶ [0073], [0084], [0087] which discloses a system that obtains raw data such as movement amount and position of an own (subject) vehicle, which means it serves as a position calculating unit that acquires GNSS information and positioning information of the own vehicle)
detect movement of the own vehicle based on vehicle movement detection information received from an external recognition sensor (see at least Tadatomi, ¶¶ [0073], [0084], [0087], [0094], which discloses a system that detects movement of an own (subject) vehicle)
Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches: 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 Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by dead reckoning, if it is determined that the vehicle is stopped and positional information matches the initial, then a calibration process is not performed and position and orientation information is maintained, this means that the calibration unit determine whether a current position should be estimated by using a position of the own vehicle when the vehicle system is stopped)
It would have been obvious to a person of ordinary skill in the art to modify Tadatomi to include determines whether the positioning calculation unit estimates a current position of the own vehicle by using a position of the own vehicle when the vehicle system is stopped as taught by Keisuke. The examiner would like to note that the embodiment of Tadatomi discloses a determination of whether a vehicle has moved from its initial position when it has been detected to be in a stopped state. It does take into consideration updating parameters as a result of detected error in positional data and fluctuations, however, Tadatomi does not go into depth about whether its initial position can be recycled if an initial movement position of the vehicle matches the current movement position incrementally. Incorporating this would allow for an improvement to the base device of Tadatomi that accounts for a detected change in vehicle parameters such as movement and azimuth values against a zero-point output (initial position of the vehicle calculated at the time that the vehicle is stopped), by further suppressing the initial convergence time. The improvement skips most of the convergence time as the vehicle system is able to reuse its initial position if the determination falls within the bounds of a threshold instead of relying on solely correction data each time.
Modified Tadatomi is silent on, however, in the same field of endeavor, Hirotoshi teaches:
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 Hirotoshi, Fig. 7B, “Steps S118, S120, S122,” ¶¶ [0073]-[0077], which discloses the system selecting target information (stored positional reference) rather than recalculating a new position, this means 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)
estimate a current position of the own vehicle as the first position based on determining that the own vehicle has not moved while the vehicle system is stopped (at least Hirotoshi, Fig. 7B, “Steps S118, S120, S122,” ¶¶ [0073]-[0077], which discloses the position estimation process where positional information is selected based on a vehicle state and used to estimate a current position; state-based position estimation logic where the same reference position is used when no change in vehicle state occurs, which is indicative of the vehicle stopped while the system remains in the same operational condition)
It would have been obvious to a person of ordinary skill in the art to further change modified Tadatomi to include 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 and estimate a current position of the own vehicle as the first position based on determining that the own vehicle has not moved while the vehicle system is stopped as taught by Hirotoshi. Incorporating this would allow for further improvement to the base device of modified Tadatomi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Regarding claim 2, Tadatomi discloses: 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 (see at least Tadatomi, ¶¶ [0243]-[0244] which discloses calculating a current position of the own (subject) vehicle by PPP positioning)
Regarding claim 3, Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches: the in-vehicle electronic control unit according to claim 1,
wherein the processor is further configured to:
determine whether the vehicle movement detection unit has detected movement of the own vehicle is equal to or greater than a predetermined threshold value while the vehicle system is stopped (see at least Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by dead reckoning, if it is determined that the vehicle is stopped and positional information is equal or more than a predetermined threshold, this means that a determination is made whether movement has been detected from the vehicle equal to or greater than a predetermined threshold when the vehicle system is stopped)
estimate the current position of the own vehicle without 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 Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by dead reckoning, if it is determined that the vehicle’s orientation and position information is equal to or greater than a predetermined threshold the information is calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle without using the initial position (position of the own vehicle when the system is stopped) in a case where the movement is equal to or greater than a predetermined threshold value)
It would have been obvious to a person of ordinary skill in the art to modify Tadatomi to include wherein the own vehicle movement determination unit determines whether the vehicle movement detection unit has detected movement of the own vehicle by equal to or greater than a predetermined threshold value while the vehicle system is stopped, determines that the positioning calculation unit estimates a current position of the own vehicle without using a 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 determines that the positioning calculation unit estimates a current position of the own vehicle using a 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 as taught by Keisuke. Incorporating this would allow for an improvement to the base device of Tadatomi that accounts for a detected change in vehicle parameters such as movement and azimuth values against a zero-point output (initial position of the vehicle calculated at the time that the vehicle is stopped), by further suppressing the initial convergence time. The improvement skips most of the convergence time as the vehicle system is able to reuse its initial position if the determination falls within the bounds of a threshold instead of relying on solely correction data each time.
Modified Tadatomi is silent on, however, in the same field of endeavor, Hirotoshi teaches:
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 (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 further change modified Tadatomi to include 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 as taught by Hirotoshi. Incorporating this would allow for further improvement to the base device of modified Tadatomi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Regarding claim 4, Tadatomi discloses: 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, and determine whether the calculated position error is smaller than a predetermined threshold value (see at least Tadatomi, ¶¶ [0134], [0221], [0239], [0270]-[0273] which discloses calculation of a position error of the vehicle and determination of whether the calculated error is equal to, or less than a predetermined threshold)
Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches:
determines 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 Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0029] which discloses the estimation of a current position of a vehicle if it is determined that the calculated error of vehicle’s orientation and position information is equal to or greater than a predetermined threshold the information is calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle without using the initial position (position of the own vehicle when the system is stopped) in a case where the calculated error is larger than a predetermined threshold value)
It would have been obvious to a person of ordinary skill in the art to modify Tadatomi to include determines that the positioning calculation unit estimates a current position of the own vehicle without using a 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 and determines that the positioning calculation unit estimates a current position of the own vehicle using a 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 as taught by Keisuke. Incorporating this would allow for an improvement to the base device of Tadatomi that accounts for a detected change in vehicle parameters such as movement and azimuth values against a zero-point output (initial position of the vehicle calculated at the time that the vehicle is stopped), by further suppressing the initial convergence time. The improvement skips most of the convergence time as the vehicle system is able to reuse its initial position if the determination falls within the bounds of a threshold instead of relying on solely correction data each time.
Modified Tadatomi is silent on, however, in the same field of endeavor teaches: 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 (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 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)
It would have been obvious to a person of ordinary skill in the art to further change modified Tadatomi to include 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 as taught by Hirotoshi. Incorporating this would allow for further improvement to the base device of modified Tadatomi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Regarding claim 5, Tadatomi discloses: the in-vehicle electronic control unit according to claim 1, wherein the processor is further configured to:
determine whether the own vehicle has moved while the vehicle system is stopped (see at least Tadatomi, ¶¶ [0073], [0084], [0087], [0094], which discloses a system that detects movement of an own (subject) vehicle whether it is stopped and has moved)
Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches:
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 Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by reusing the initial position of the vehicle, if it is determined that the vehicle’s orientation and position information is smaller than a predetermined threshold the information is not calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle using the initial position (position of the own vehicle when the system is stopped) in a case where it is not detected that the movement is smaller than a predetermined threshold value)
It would have been obvious to a person of ordinary skill in the art to modify Tadatomi to include determines that the positioning calculation unit estimates a current position of the own vehicle without using a 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 and determines that the positioning calculation unit estimates a current position of the own vehicle using a 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 as taught by Keisuke. Incorporating this would allow for an improvement to the base device of Tadatomi that accounts for a detected change in vehicle parameters such as movement and azimuth values against a zero-point output (initial position of the vehicle calculated at the time that the vehicle is stopped), by further suppressing the initial convergence time. The improvement skips most of the convergence time as the vehicle system is able to reuse its initial position if the determination falls within the bounds of a threshold instead of relying on solely correction data each time.
Modified Tadatomi is silent on, however, in the same field of endeavor teaches:
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 is started subsequently (see at least Hirotoshi, ¶¶ [0062]-[0063], [0088]-[0090], [0096]-[0098] which discloses a comparison of the vehicle position calculated from target position data recognized by an external sensor when the vehicle system is stopped)
determine that 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 (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 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)
It would have been obvious to a person of ordinary skill in the art to further change modified Tadatomi to include 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 and 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 is started subsequently as taught by Hirotoshi. Incorporating this would allow for further improvement to the base device of modified Tadatomi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Regarding claim 6, Tadatomi discloses: 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 Tadatomi, ¶¶ [0134], [0221], [0239], [0270]-[0273] which discloses calculation of a position error of the vehicle and determination of whether the calculated error is equal to, or less than a predetermined threshold)
determine whether the own vehicle has moved while the vehicle system is stopped (see at least Tadatomi, ¶¶ [0073], [0084], [0087], [0094], which discloses a system that detects movement of an own (subject) vehicle whether it is stopped and has moved)
Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches: determine whether the movement of the own vehicle is equal to or greater than a predetermined threshold value while the vehicle system is stopped (see at least Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by dead reckoning, if it is determined that the vehicle’s orientation and position information is equal to or greater than a predetermined threshold the information is calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle without using the initial position (position of the own vehicle when the system is stopped) in a case where the movement is equal to or greater than a predetermined threshold value)
determine 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 movement of the own vehicle by equal to or greater than a predetermined threshold value is detected (see at least Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by dead reckoning, if it is determined that the vehicle’s orientation and position information is equal to or greater than a predetermined threshold the information is calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle without using the initial position (position of the own vehicle when the system is stopped) in a case where the movement is equal to or greater than a predetermined threshold value)
determine whether the calculated position error is smaller than a predetermined threshold value 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 Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0029] which discloses the estimation of a current position of a vehicle if it is determined that the calculated error of vehicle’s orientation and position information is equal to or greater than a predetermined threshold the information is calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle without using the initial position (position of the own vehicle when the system is stopped) in a case where the calculated error is larger than a predetermined threshold value)
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, in a case where the calculated position error is smaller than a predetermined threshold value (see at least Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0029] which discloses the estimation of a current position of a vehicle if it is determined that the calculated error of vehicle’s orientation and position information is equal to or greater than a predetermined threshold the information is calibrated/updated to match its current position, this means that a determination is made to estimate a current position of the vehicle without using the initial position (position of the own vehicle when the system is stopped) in a case where the calculated error is larger than a predetermined threshold value)
Modified Tadatomi is silent on, however, in the same field of endeavor, Hirotoshi teaches:
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 is started subsequently (see at least Hirotoshi, ¶¶ [0062]-[0063], [0088]-[0090], [0096]-[0098] which discloses a comparison of the vehicle position calculated from target position data recognized by an external sensor when the vehicle system is stopped)
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 a movement amount of the own vehicle while the vehicle system is stopped is larger than a predetermined threshold value (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 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 larger than a predetermined threshold value)
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 a movement amount of the own vehicle while the vehicle system is stopped is smaller than a predetermined threshold value (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 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)
It would have been obvious to a person of ordinary skill in the art to further change modified Tadatomi 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 is started subsequently, and 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 a movement amount of the own vehicle while the vehicle system is stopped is larger than a predetermined threshold value, 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 a movement amount of the own vehicle while the vehicle system is stopped is smaller than a predetermined threshold value as taught by Hirotoshi. Incorporating this would allow for further improvement to the base device of modified Tadatomi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Regarding claim 7, Tadatomi 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 Tadatomi, Figs.6-11, [0049]-[0051], [0097]-[0119] which discloses the positioning calculation unit estimates a 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, Tadatomi discloses: a position estimation method executed by an in-vehicle electronic control unit, wherein the position estimation method (see at least Tadatomi, ¶¶ [0049]-[0050]) comprises:
acquiring from an external recognition sensor, vehicle movement detection information (see at least Tadatomi, ¶¶ [0073], [0084], [0087], [0094], which discloses a system that detects movement of an own (subject) vehicle via sensor data; [0087] which discloses a system that obtains raw data such as movement amount and position of an own (subject) vehicle, which means it serves as a position calculating unit that acquires GNSS information and positioning information of the own vehicle)
receiving a GNSS signal from a GNSS satellite (see at least Tadatomi, ¶¶ [0263]-[0265] which discloses receiving a GNSS signal from a GNSS satellite)
generating GNSS information based on the GNSS signal (see at least Tadatomi, ¶¶ [0263]-[0265] which discloses generating GNSS information based on the GNSS signal)
determining position information of an own vehicle based on GNSS information (see at least Tadatomi, ¶¶ [0073], [0084], [0087] which discloses a system that obtains raw data such as movement amount and position of an own (subject) vehicle, which means it serves as a position calculating unit that acquires GNSS information and positioning information of the own vehicle)
detect movement of the own vehicle based on the vehicle movement detection information (see at least Tadatomi, ¶¶ [0073], [0084], [0087], [0094], which discloses a system that detects movement of an own (subject) vehicle)
Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches: determine whether the own vehicle has moved while the vehicle system is stopped based on the movement detection information (see at least Keisuke, Fig.1, ¶¶ [0011], [0023], [0027]-[0028] which discloses the estimation of a current position of a vehicle by dead reckoning, if it is determined that the vehicle is stopped and positional information matches the initial, then a calibration process is not performed and position and orientation information is maintained, this means that the calibration unit determine whether a current position should be estimated by using a position of the own vehicle when the vehicle system is stopped)
It would have been obvious to a person of ordinary skill in the art to modify Tadatomi to include determine whether the own vehicle has moved while the vehicle system is stopped based on the movement detection information as taught by Keisuke. The examiner would like to note that the embodiment of Tadatomi discloses a determination of whether a vehicle has moved from its initial position when it has been detected to be in a stopped state. It does take into consideration updating parameters as a result of detected error in positional data and fluctuations, however, Tadatomi does not go into depth about whether its initial position can be recycled if an initial movement position of the vehicle matches the current movement position incrementally. Incorporating this would allow for an improvement to the base device of Tadatomi that accounts for a detected change in vehicle parameters such as movement and azimuth values against a zero-point output (initial position of the vehicle calculated at the time that the vehicle is stopped), by further suppressing the initial convergence time. The improvement skips most of the convergence time as the vehicle system is able to reuse its initial position if the determination falls within the bounds of a threshold instead of relying on solely correction data each time.
Modified Tadatomi is silent on, however, in the same field of endeavor, Hirotoshi teaches:
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 Hirotoshi, Fig. 7B, “Steps S118, S120, S122,” ¶¶ [0073]-[0077], which discloses the system selecting target information (stored positional reference) rather than recalculating a new position, this means 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)
based on a determination result as to whether the own vehicle has moved determine whether a current position of the own vehicle is estimated using the first position of the own vehicle (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 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)
estimate the current position of the own vehicle as the first position based on determining that the own vehicle has not moved while the vehicle system is stopped (at least Hirotoshi, Fig. 7B, “Steps S118, S120, S122,” ¶¶ [0073]-[0077], which discloses the position estimation process where positional information is selected based on a vehicle state and used to estimate a current position; state-based position estimation logic where the same reference position is used when no change in vehicle state occurs, which is indicative of the vehicle stopped while the system remains in the same operational condition)
It would have been obvious to a person of ordinary skill in the art to further change modified Tadatomi to include 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, based on a determination result as to whether the own vehicle has moved determine whether a current position of the own vehicle is estimated using the first position of the own vehicle, and estimate the current position of the own vehicle as the first position based on determining that the own vehicle has not moved while the vehicle system is stopped as taught by Hirotoshi. Incorporating this would allow for further improvement to the base device of modified Tadatomi to improve positional stability and accuracy when the vehicle is stopped by preventing necessary position updates caused by sensor noise.
Regarding claim 9, Tadatomi is silent on, however, in the same field of endeavor, Keisuke teaches: 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 Keisuke, ¶¶ [0013]-[0015] which discloses a camera sensor)
It would have been obvious to a person of ordinary skill in the art to modify Tadatomi to include 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 as taught by Keisuke. Incorporating this teaching allows for an improvement of functionality of the base device of Tadatomi.
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 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).
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, 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.
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.
/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664