CTNF 18/786,631 CTNF 79654 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Interpretation – 112(f) 07-30-03 AIA 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. 07-30-05 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: (A) 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; (B) 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 (C) 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) is/are: “a first acquiring unit which acquires…”; “a second acquiring unit which acquires…”; “a storage controlling unit which performs…”; and “an assistance controlling unit which performs…” in claim 1. The corresponding structure for performing the claimed functions of each “unit” is described in the specification (Fig. 10 and paragraphs 112-114) as a computer operating a program/algorithm. Therefore, in accordance with MPEP section 2181(II)(B) “Computer-Implemented Means-Plus-Function Limitations”, the structure is the computer and entire algorithm disclosed in the specification for performing the claimed functions. For example, see paragraphs 40-59 for the basic algorithm associated with performing the claimed functions, all of which are later elaborated on throughout the rest of the specification. 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. If 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 paragraphs. Claim Rejections - 35 USC § 112(b) 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 2, 17 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2 recites, “wherein, even if the second acquiring unit cannot acquire the movement characteristic information of the moving object”, in lines 1-2. This appears to contradict claim 1 which establishes that the “second acquiring unit which acquires movement characteristic information of the moving object”, lines 4-5. In other words, claim 1 positively establishes that the second acquiring unit acquires the movement characteristic information, then claim 2 suddenly raises doubts about whether that information was acquired, making the limitation unclear and indefinite. Is the information not acquired in claim 1 as stated? Claims 17 and 18 are rejected by the virtue of their dependency upon rejected claim 2. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 19 and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US 2022/0406190 to Kurehashi et al. (“Kurehashi”) . Regarding claim 19, Kurehashi discloses an assistance controlling method comprising: acquiring identification information of a user terminal associated with a user and location information of the user terminal ( Fig. 5, element S524; paragraph 60, wherein terminal ID and coordinates of the position of the terminal are acquired from the pedestrian/user’s terminal ); acquiring movement characteristic information of a moving object and location information of the moving object acquired by analyzing an image of the moving object acquired by an image capturing apparatus ( Fig. 5, elements S502 – S506; paragraphs 40, 42, 58, wherein coordinates of a pedestrians (i.e. location information), along with velocity of the pedestrian (i.e. movement characteristic information), and risk of an approaching vehicle for each pedestrian (i.e. movement characteristic information) are acquired ); when the location information of the user terminal and the location information of the moving object match, performing control for storing the movement characteristic information of the moving object in association with the identification information of the user terminal ( Figs. 5; paragraphs 59-62, wherein velocity and risk are stored in association with terminal ID, to generate a warning of the approaching vehicle sent to the terminal ); and performing control related to assistance for a traffic participant based on the identification information of the user terminal and the movement characteristic information of the moving object that are stored in association with each other by the performing the control for storing ( Fig. 5, elements S514; paragraph 64, wherein based on the collected and stored terminal ID, coordinates/position and risk (i.e. movement characteristic information) a control related assistance (e.g. deceleration, beam passing or horn announcement) is performed by the approaching vehicle (i.e. traffic participant) ). Regarding claim 20, Kurehashi discloses a non-transitory computer-readable storage medium having stored thereon a program ( Fig. 9 and paragraphs 94-98 ), wherein the program causes a computer to function as: a first acquiring unit which acquires identification information of a user terminal associated with a user and location information of the user terminal ( Fig. 5, element S524; paragraph 60, wherein terminal ID and coordinates of the position of the terminal are acquired from the pedestrian/user’s terminal ); a second acquiring unit which acquires movement characteristic information of a moving object and location information of the moving object that are acquired by analyzing an image of the moving object acquired by an image capturing apparatus ( Fig. 5, elements S502 – S506; paragraphs 40, 42, 58, wherein coordinates of a pedestrians (i.e. location information), along with velocity of the pedestrian (i.e. movement characteristic information), and risk of an approaching vehicle for each pedestrian (i.e. movement characteristic information) are acquired ); a storage controlling unit which performs control for storing the movement characteristic information of the moving object acquired by the second acquiring unit in association with the identification information of the user terminal acquired by the first acquiring unit when the location information of the user terminal acquired by the first acquiring unit and the location information of the moving object acquired by the second acquiring unit match ( Figs. 5; paragraphs 59-62, wherein velocity and risk are stored in association with terminal ID, to generate a warning of the approaching vehicle sent to the terminal ); and an assistance controlling unit which performs control related to assistance for a traffic participant based on the identification information of the user terminal and the movement characteristic information of the moving object that are stored in association with each other under the control of the storage controlling unit ( Fig. 5, elements S514; paragraph 64, wherein based on the collected and stored terminal ID, coordinates/position and risk (i.e. movement characteristic information) a control related assistance (e.g. deceleration, beam passing or horn announcement) is performed by the approaching vehicle (i.e. traffic participant) ) . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1, 4, 5, 10, 11, 14-16, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 10-12 of U.S. Patent No. 12,592,081 . Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of claims 1, 4, 5, 10, 11, 14-16, 19 and 20 in the present application are found as substantially similar, obvious variants, of the limitations found in claims 1 and 10-12 of USPN 12,592,081 . Claim 1 of the present application compares to claims 1 and 10 of the 12,592,081 as indicated below: Claim 1 of the Current Application Claims 1 and 10 of 12,592,081 Notes An assistance controlling apparatus comprising: Claim 1: An assistance controlling apparatus comprising: Identical a first acquiring unit which acquires identification information of a user terminal associated with a user and location information of the user terminal; a first acquiring unit which acquires identification information and location information of a user terminal associated with a user; Substantially similar limitations a second acquiring unit which acquires movement characteristic information of a moving object and location information of the moving object that are acquired by analyzing an image of the moving object acquired by an image capturing apparatus; a second acquiring unit which acquires recognition information and location information of a moving object acquired by analyzing an image of the moving object acquired by an image capturing apparatus; Substantially similar limitations, “movement characteristics” are claimed in the present application and “recognition information…of a moving object” are claimed in claim 1 of USPN 12,592,081. a storage controlling unit which performs control for storing the movement characteristic information of the moving object acquired by the second acquiring unit in association with the identification information of the user terminal acquired by the first acquiring unit when the location information of the user terminal acquired by the first acquiring unit and the location information of the moving object acquired by the second acquiring unit match; and a storage controlling unit which performs control for storing the recognition information of the moving object acquired by the second acquiring unit in association with the identification information of the user terminal acquired by the first acquiring unit when the location information of the user terminal acquired by the first acquiring unit and the location information of the moving object acquired by the second acquiring unit match; and Substantially similar limitations with the exception of “movement characteristic information” and “recognition information” an assistance controlling unit which performs control related to assistance for a traffic participant based on the identification information of the user terminal and the movement characteristic information of the moving object that are stored in association with each other under the control of the storage controlling unit. an assistance controlling unit which performs control related to assistance for a traffic participant based on the identification information of the user terminal and the recognition information of the moving object that are stored in association with each other under the control of the storage controlling unit. Substantially similar limitations with the exception of “movement characteristic information” and “recognition information” Claim 10: The assistance controlling apparatus according to claim 1, wherein the second acquiring unit further acquires movement characteristic information of the moving object and the location information of the moving object acquired by analyzing the image of the moving object acquired by the image capturing apparatus, when the location information of the user terminal acquired by the first acquiring unit and the location information of the moving object acquired by the second acquiring unit match, the storage controlling unit performs control for storing the recognition information and the movement characteristic information of the moving object acquired by the second acquiring unit in association with the identification information of the user terminal acquired by the first acquiring unit, and the assistance controlling unit performs control related to the assistance for the traffic participant based on the identification information of the user terminal and the recognition information and the movement characteristic information of the moving object that are stored in association with each other under the control of the storage controlling unit. Claim 10 of USPN 12,592,081 goes on to discloses that “movement characteristic information of the moving object” is acquired, stored and used to perform control related assistance for the traffic participant, corresponding to the limitation of claim 1 in the present application The limitations of claims 4, 5 and 15 of the present application are disclosed in a substantially similar manner in the limitations of claim 11 of USPN 12,592,081. The limitations of claims 10, 11 and 16 of the present application are disclosed in a substantially similar manner in the limitations of claim 12 of USPN 12,592,081. The limitations of claim 14 of the present application, related to the “recognition information of the moving object” are disclosed in a substantially similar manner in the limitations of claim 1 of USPN 12,592,081. Independent claims 19 and 20 of the present application are obvious “method” and “storage medium” variants of claim 1 of the present applications and are therefore obvious variants of the combination of claims 1 and 10 of USPN 12,592,081 . Allowable Subject Matter Claims 1, 4, 5, 10, 11 and 14-16 would be allowable if rewritten or amended to overcome the double rejections set forth in this Office action, or by filing an acceptable terminal disclaimer. 12-151-08 AIA 07-43 12-51-08 Claim s 3, 6-9, 12 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for indicated allowability: Regarding independent claim 1, as noted above the limitations “a first acquiring unit which acquires…”; “a second acquiring unit which acquires…”; “a storage controlling unit which performs…”; and “an assistance controlling unit which performs…” each invokes interpretation under 112(f), and the corresponding structure is a computer and the entire disclosed algorithm associated with performing each function. As such, none of the prior art found teach or fairly suggests all the details of the disclosed algorithm outline in paragraphs 40-59 as well as the details of the algorithms further elaborated on throughout the rest of the specification and drawings. As noted above with regards to independent claims 19 and 20, the prior art of Kurehashi (US2022/0406190) discloses a similar process for performing assistance control of a traffic participant. However, neither Kurehashi nor any other prior art found discloses the entire algorithm associated with each function as disclosed in the specification and drawings, especially the details of the algorithm in the specification related to the incorporation of both “recognition information” and “movement characteristic information”, the later including behavior tendency related to the pedestrian or vehicle. 13-03 Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AARON W CARTER/Primary Examiner, Art Unit 2661 Application/Control Number: 18/786,631 Page 2 Art Unit: 2661 Application/Control Number: 18/786,631 Page 3 Art Unit: 2661 Application/Control Number: 18/786,631 Page 4 Art Unit: 2661 Application/Control Number: 18/786,631 Page 5 Art Unit: 2661 Application/Control Number: 18/786,631 Page 6 Art Unit: 2661 Application/Control Number: 18/786,631 Page 7 Art Unit: 2661 Application/Control Number: 18/786,631 Page 8 Art Unit: 2661 Application/Control Number: 18/786,631 Page 9 Art Unit: 2661 Application/Control Number: 18/786,631 Page 10 Art Unit: 2661 Application/Control Number: 18/786,631 Page 11 Art Unit: 2661 Application/Control Number: 18/786,631 Page 12 Art Unit: 2661 Application/Control Number: 18/786,631 Page 13 Art Unit: 2661
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