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 .
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.
Status of Claims
This office action is in response to the amendments and arguments filed on December 19, 2025. Claims 1, 2, and 4-6 have been amended. No claims have been newly added or cancelled. Therefore, claims 1, 2, and 4-6 are currently presented for examination.
Response to Amendments/Remarks
Applicant’s amendments and/or remarks, filed on December 19, 2025, with respect to the previous 35 U.S.C. 112(b) rejection for claim 4 have been fully considered and are persuasive. Therefore, the previous 35 U.S.C. 112(b) rejection has been withdrawn.
Applicant’s amendments and/or remarks, filed on December 19, 2025, with respect to the previous 35 U.S.C. 103 rejections for claims 1, 2, and 4-6 have been fully considered and are persuasive. Independent claims 1/5/6 have been amended to include at least “position information of a plurality of vehicles, including the target vehicle and a host vehicle” and “a relative position calculation unit configured to calculate a relative position of the target vehicle with respect to the host vehicle using the GNSS correction information”. While Kim discloses determining position information for a vehicle (Paragraphs 0265-0266), and Satomura teaches determining a relative position based on correction information (Paragraph 0019), neither reference appears to explicitly teach these amended limitations. However, due to the nature of the amendments, the scope of the invention has been changed and therefore requires new analysis and application of prior art. Further search and consideration found that Calmettes (US20150269845A1) teaches this as mapped in the new grounds of rejection further below.
Objections
Claim 5 is newly objected for the following reason:
The claim recites “…configured to control traveling of a the target vehicle based on position information…”. The “a” appears to be a typographical error that should be removed.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) are:
…unit (“configured to…”)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Support for the limitation(s) are as follows:
Figure 5 and Paragraphs 0052-0053: As illustrated in FIG. 5 , from the viewpoint of functions, the vehicle travel control device 1 includes, as main components, a storage unit 100 that stores various programs and various data, an environment information acquisition unit 101, a position information acquisition unit 102 (a position specification unit), a driving control unit 103 (a travel control unit), a vehicle detection unit 104, a communication unit 105 (a first communication unit), a mode change unit 106, a travel speed acquisition unit 107, and a video processing unit 108.These components are implemented by a CPU, a ROM, a RAM, an HDD, a communication interface, various programs, and the like.
Examiner is interpreting claim limitation as follows:
A CPU, a ROM, a RAM, an HDD, a communication interface, various programs, or the like.
If the applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Calmettes et al. (US Publication Number US20150269845A1; hereinafter Calmettes) in view of Kim (US Publication Number US20210354722A1; hereinafter Kim) and Satomura et al. (JP Publication Number JPH11183593A; hereinafter Satomura).
Regarding Claims 1, 5 and 6, which recite substantially similar subject matter, Calmettes discloses managing a vehicle convoy (see at least Abstract) comprising:
a vehicle travel control device configured to control traveling of a target vehicle based on position information of a plurality of vehicles, including the target vehicle and a host vehicle (Figure 3 and Paragraphs 0099-0102 describe a control device (see “Navigator 111” and “The driving aid system 210”) configured to control traveling based on position information about an ego vehicle (e.g. “Absolute and differential GNSS location” on Figure 3) and a neighboring vehicle (e.g. “Neighbouring truck DGPS data” on Figure 3));
(from claim 5) a method for acquiring vehicle position information executed by a computer mounted on a target vehicle and configured to control traveling of a the target vehicle based on position information of a plurality of vehicles, including the target vehicle and a host vehicle / (from claim 6) a computer-readable recording medium storing a program for acquiring vehicle position information, the program causing a computer, the computer serving as a vehicle travel control device mounted on a target vehicle and configured to control traveling of the target vehicle based on position information of a plurality of vehicles, including the target vehicle and a host vehicle (Paragraph 0069, “One, several or all of the steps of the method can be implemented by computer. A computer program product comprising code instructions makes it possible to perform any one of the steps of the method when the program is run on a computer”; Paragraph 0072 describes the equipment (e.g. “Navigator 111” and “The driving aid system 210”) as being reasonably mounted onto the vehicle (“FIG. 2 illustrates an example of equipment embedded in a vehicle of the convoy and instrumented according to the invention”));
the vehicle travel control device being mounted on the target vehicle [configured to operate the traveling of the target vehicle through communication via a network] (Paragraph 0030, “The method described is suitable for the management of a convoy, generally. A vehicle can have a drive system (automatic driving, remote guidance, driving by a driver, assisted driving, etc.); Paragraph 0072 describes equipment (e.g. “Navigator 111” and “The driving aid system 210”) as being mounted onto the vehicle (“FIG. 2 illustrates an example of equipment embedded in a vehicle of the convoy and instrumented according to the invention”); Examiner notes that remote driving functionality necessarily requires features for communicating via a network); the vehicle travel control device comprising:
an absolute position calculation unit configured to acquire GNSS information from a GNSS receiver mounted on the target vehicle and calculate an absolute position of the target vehicle using the GNSS information (Paragraph 0082, “In one embodiment, a GPS in a standard mode is used”; Paragraphs 0014 and 0041 describe the standard mode as absolute positioning (“The absolute location can be obtained by means of the various GNSS coordinates received by the GPS vehicles”))
a relative position calculation unit configured to calculate a relative position of the target vehicle with respect to the host vehicle using the GNSS correction information (Paragraph 0082, “In another embodiment, the GPS is used in differential mode (“DGNSS”)”; Paragraphs 0045-0046 describe differential mode as being a relative position based on correction information (e.g. information received from a fixed/known location) (“In one development, the satellite positioning means are satellite positioning means operating in differential or relative mode… the location is performed by means of receivers, some of which are fixed (fixed receivers associated with the infrastructure for example)…The fixed references can therefore be non-vehicle references (pedestrian, infrastructure reference such as bridge, mast, building, differential GPS station, etc.)”); Paragraph 0040 describes position information as being with respect to other vehicles (“In addition to the relative positioning of the vehicles relative to one another, the method can predict the absolute location of one or more vehicles forming the convoy”)).
While Calmettes further discloses features for remote driving (Paragraph 0030, “remote guidance”) and communicating position information (Paragraph 0032, “sharing or by communicating or by transmitting or by broadcasting”), Calmettes does not explicitly recite a control device [connected to a remote control device]; a reception determination unit configured to determine whether GNSS correction information can be received from an external reference station; a communication unit configured to transmit position information of the target vehicle to the remote control device; wherein the communication unit is configured to: transmit the position information based on the relative position in a case in which the GNSS correction information can be received; and transmit position information based on the absolute position in a case in which the GNSS correction information cannot be received.
Nevertheless, Kim teaches features for remotely controlling a vehicle (see at least Abstract) comprising:
a control device [connected to a remote control device] (Paragraph 0110, “The vehicle 100 may be remotely controlled by an external device”; Paragraph 0182 describes the vehicle travel control device as being connected (via “communication device 400”) to the external device (“The communication device 400 is configured to perform communication with an external device. Here, the external device may be a nearby vehicle, a user's terminal, or a server”));
a communication unit configured to transmit position information of the target vehicle to the remote control device (Paragraph 0266 describes transmitting position information to the external device (“The vehicle information transmission module transmits current position (starting point), destination, and driving route information of the vehicle to the server 2000”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Calmettes invention to expand the features for remote driving (Paragraph 0030) to include an explicit connection to a remote control device, as taught by Kim, for the benefit of further establishing a communication pathway for the vehicle during remote driving.
However, Calmettes as currently modified still does not explicitly teach: a reception determination unit configured to determine whether GNSS correction information can be received from an external reference station; wherein the communication unit is configured to: transmit the position information based on the relative position in a case in which the GNSS correction information can be received; and transmit position information based on the absolute position in a case in which the GNSS correction information cannot be received.
Nevertheless, Satomura teaches a vehicle configured to acquire correction information (see at least Paragraph 0001 and Paragraph 0018 of the previously attached English translation, “As shown in FIG. 2, the differential GPS device includes a central control unit 1 that controls the entire device. This centralized control unit 1 comprises an arithmetic processing unit 2, a control unit 3, a RAM 4, a ROM 5, and a timer 6, and as will be described later, receives GPS signals and error correction data to determine or correct current location information, and performs wireless communication with other mobile bodies”) comprising:
a reception determination unit configured to determine whether GNSS correction information can be received from an external reference station (Paragraph 0016 of the previously attached English translation describes receiving correction data from an external reference station (“First, as shown in FIG. 2…error correction data for correcting positioning errors contained in the GPS signals is created at this reference station 31, and this error correction data is distributed as an FM multiplex signal via an FM transmitting station 32 to mobile units 33 and 34 equipped with car navigation devices, portable navigation devices, etc”); Paragraph 0073 describes determining whether the correction information can be received (“In step S112, the control unit 3 determines that the error correction data cannot be received because the mobile unit is in a location with low electric field strength”));
wherein the communication unit is configured to: transmit the position information based on the relative position in a case in which the GNSS correction information can be received (Paragraph 0096 of the previously attached English translation describes determining whether correction information can be received before outputting position information (“In step S142, the control unit 3 determines whether or not the error correction data can be received over a predetermined time period…If the determination in step S142 is YES, the flow proceeds to step S144, where the error correction data is fetched and stored in RAM 4, and in step S146 the current position information is corrected using the error correction data, after which the flow returns to the above-mentioned step S130”)); and transmit position information based on the absolute position in a case in which the GNSS correction information cannot be received (Paragraph 0097 of the previously attached English translation, “On the other hand, if the determination in step S142 is NO, the process proceeds to step S146, where the current position information is calculated using only the GPS signal, and then the process returns to the above-mentioned step S130”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the Calmettes invention to expand the features for acquiring absolute and relative positioning information (Paragraph 0082) to include logic for choosing between types of positioning information based on availability, as taught by Satomura, for the benefit of improving the real-time accuracy of a current position (see at least Satomura, Paragraph 0004).
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Calmettes, Kim, Satomura and further in view of Jordan et al. (US Publication Number US20160313450A1; hereinafter Jordan) and Vollbracht et al. (US Publication Number US20230115602A1; hereinafter Vollbracht).
Regarding Claim 2, Calmettes as currently modified teaches claim 1. While Calmettes further discloses a correction position calculation unit configured to acquire [inertial information] (Paragraph 0016, “…it is also possible to instrument the vehicles (i.e. all or some of the vehicles of the convoy) by means of inertial systems (odometers for example), useful when the convoy passes through physical tunnels and/or areas in which the GPS reception is temporarily interrupted (in an urban traffic situation, reception of the GPS signal being prevented by the buildings and/or the vegetation, bad weather conditions, etc.)”), Calmettes does not explicitly recite that the inertial information includes [acceleration and angular velocity information of the target vehicle from an inertial measurement unit mounted on the target vehicle] and calculate a corrected relative position obtained by correcting the relative position of the target vehicle based on the GNSS correction information [and the acceleration and angular velocity information], wherein in a case in which the GNSS correction information can be received, the position information of the target vehicle is position information specified using the corrected relative position obtained by correcting the relative position.
Nevertheless, Jordan teaches a vehicle configured to correct positional information (see at least Abstract) comprising:
calculate a corrected relative position obtained by correcting the relative position of the target vehicle based on the GNSS correction information [and the inertial information] (Figure 4 and Paragraphs 0041-0044 describe calculating a relative position based on correction information (e.g. Steps 208-212 describe using correction information from reference stations) and dead reckoning (e.g. Step 216 describes determining a position based on dead reckoning data); Paragraph 0034 describes dead reckoning data as including inertial information (“In some embodiments, the dead reckoning data 120 e may be determined based on data from sensors of the vehicle 52 a (e.g., an on-board gyroscope and/or wheel click messages”));
wherein in a case in which the GNSS correction information can be received, the position information of the target vehicle is position information specified using the corrected relative position obtained by correcting the relative position (Figure 4 and Paragraphs 0041-0044 describe using the correction information from external reference stations and inertial information (e.g. Steps 210-216) when the correction information can be received from external reference stations (e.g. YES to Step 208)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the Calmettes invention to expand the features for acquiring absolute and relative position information (Paragraph 0082) and inertial information (Paragraph 0016) to determine a position based on a combination of the acquired information, as taught by Jordan, for the benefit of providing more precise positioning (Jordan, see at least Paragraph 0005).
While Calmettes teaches features that reasonably allow for acquiring and implementing inertial information (Paragraph 0016), Calmettes as currently modified still does not explicitly recite that the inertial information includes [acceleration and angular velocity information of the target vehicle from an inertial measurement unit mounted on the target vehicle].
Nevertheless, Vollbracht teaches a vehicle configured to acquire correction information (see at least Paragraph 0015) capable of further acquiring:
[acceleration and angular velocity information of the target vehicle from an inertial measurement unit mounted on the target vehicle] (Paragraph 0054 describes an IMU configured to determine acceleration and angular velocity information (“FIG. 3 shows a block diagram of a dGPS system 300. The dGPS system may include an inertial measurement unit (IMU) 302, a GNSS card 304, a CPU board 306 with intermediate electronics, and an output interface 308. The IMU 302 may include very precise accelerometers and gyroscopes to estimate the acceleration and yaw rate in three dimensions…”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the Calmettes invention to expand the features for acquiring location information (Paragraph 0082) and inertial information (Paragraph 0016) to include acquiring and implementing inertial information such as acceleration and angular velocity, as taught by Vollbracht, for the benefit of allowing correction information to be implemented even in areas without reception (see at least Vollbracht, Paragraph 0054).
Regarding Claim 4, Calmettes as currently modified teaches claim 2. Calmettes does not explicitly recite: wherein the reception determination unit is further configured to determine whether the GNSS information can be received and determine in response to determining that the GNSS information can be received, whether the GNSS correction information can be subsequently received, and wherein in response to determining that the GNSS information cannot be received, a position specification unit specifies the position of the target vehicle using an estimated position of the target vehicle calculated based on received latest GNSS information and the acceleration and angular velocity information.
Nevertheless, Satomura further teaches:
wherein the reception determination unit is further configured to determine whether the GNSS information can be received (Paragraph 0113 of the previously attached English translation describes determining whether a GPS signal can be received (“First, as shown in FIG. 18, when the process starts, in step S150, the control unit 3 determines whether or not a GPS signal can be received for a predetermined time period. If the determination in step S150 is YES, the process proceeds to step S152…”)); and
determine in response to determining that the GNSS information can be received, whether the GNSS correction information can be subsequently received (Paragraph 0114 of the previously attached English translation describes determining whether correction information can be received after determining the GPS signal can be received (“…In step S156, the control unit 3 determines whether or not the error correction data can be received over a predetermined time period”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the Calmettes invention to expand the features for acquiring location information (Paragraph 0082) to include determining whether GNSS information and GNSS correction information can be received, as taught by Satomura, for the benefit of distinguishing different types of insufficient reception (Satomura, see at least Paragraphs 0113-0114).
However, Calmettes does not explicitly recite: wherein in response to determining that the GNSS information cannot be received, a position specification unit specifies the position of the target vehicle using an estimated position of the target vehicle calculated based on received latest GNSS information and the acceleration and angular velocity information.
Nevertheless, Vollbracht further teaches:
wherein in response to determining that the GNSS information cannot be received, a position specification unit specifies the position of the target vehicle using an estimated position of the target vehicle calculated based on received latest GNSS information and the acceleration and angular velocity information (Paragraph 0054 describes an IMU configured to determine acceleration and angular velocity information (“FIG. 3 shows a block diagram of a dGPS system 300. The dGPS system may include an inertial measurement unit (IMU) 302, a GNSS card 304, a CPU board 306 with intermediate electronics, and an output interface 308. The IMU 302 may include very precise accelerometers and gyroscopes to estimate the acceleration and yaw rate in three dimensions…”) and determining a relative position based on latest GNSS information and IMU information when GNSS information cannot be received (“…if the vehicle may enter GNSS-denied areas such as tunnels, it may be the IMU unit 302 that may deliver the data to keep track of the vehicle’s movement”); Examiner notes that keeping track of the vehicle’s movement with IMU data when GNSS information cannot be received reasonably indicates using the latest GNSS information with IMU information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the Calmettes invention to expand features for acquiring location information (Paragraph 0082) and inertial measurements (Paragraph 0016) to include capabilities for acquiring and implementing IMU information such as acceleration and angular velocity, as taught by Vollbracht, for the benefit of allowing correction information to be implemented even in areas without reception (see at least Vollbracht, Paragraph 0054).
Conclusion
Applicant's amendments 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 EISEN YIM whose telephone number is (703)756-5976. The examiner can normally be reached M-F 8:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Piateski can be reached at (571) 270-7429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EISEN YIM/Examiner, Art Unit 3669
/Erin M Piateski/Supervisory Patent Examiner, Art Unit 3669
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