DETAILED ACTION
This is a non-final Office Action on the merits. Claims 1-11 are currently pending and are addressed below.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Claim Objections
Claims 1, 3, 4, 5, 7, and 11 are objected to because of the following informalities: The terms “and/or” is repeatedly used however the claims are understood to at least encompass one of the “or” statements without further considering alternative limitations of “and”. Further all possible and/or combinations have to be fully disclosed within the specification. Any missing combination not described in the specification would then have to be rejected due to lack of written description. Examiner recommends to use either “and” or “or” where necessitated. Additionally it should be noted(in consideration for further amendments), when combining multiple “and/or” limitations, there is a possibility of some of the combinations of limitations to lack clarity and the Examiner cautions the overuse of such language.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 10 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 pre-AIA the applicant regards as the invention.
In the art rejections below the claims have been treated as best understood by the examiner. Any claim not explicitly rejected under this heading is rejected as being dependent on an indefinite claim.
Regarding claim 7, the term "sufficiently" is a subjective term, which renders the claim indefinite. A claim that requires the exercise of subjective judgment without restriction may render the claim indefinite. The claim or specification does not supply some standard for measuring the scope of the term, similar to the analysis for a term of degree. Some objective standard must be provided in order to allow the public to determine the scope of the claim and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim limitation is determine there is a valid amount of space for a vehicle space to park.
Regarding claim 10, wherein it is recited, “wherein the vehicle controller is further configured to: check whether the previously recorded trajectory leads to an original parking space located in a parking region, in particular in a parking area or in a parking garage,”, in the first lines of the claim is unclear. The claim refers to a “parking region” and then breaks down the parking region into “subcategories”, one being, “in particular in a parking area or…”. How is a parking region different from a parking area? The claim is understood to include a place where a plural amount of vehicles can park.
Examiner's Note
Examiner has cited particular paragraphs / columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims.
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 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, 5-7, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over machine translation of CN 116494959 (“Wang”).
As per claim 1 Wang discloses a device for performing a parking maneuver of a vehicle, comprising [¶ 8 connected to vehicle control system. The system controls the vehicle to complete parking]:
a vehicle controller configured to [¶12 The vehicle control system is used control the vehicle to automatically park in the parking space after the processing unit has processed the data and formed the parking path]:
guide the vehicle with automated longitudinal and/or lateral guidance along a previously recorded trajectory when performing a previously recorded driving maneuver [¶11 includes a parking space simulation module capable of simulating virtual parking spaces(spaces that have been previously recorded), ¶17 tracking module… mark… parking space after the vehicle enters the virtual parking space, and to record the parking path of the vehicle. It can track the vehicle when it parks in the virtual parking space multiple times, ¶ 101 parking direction];
detect a parking space for the vehicle while performing the previously recorded driving maneuver [¶16 the database automatically retrieves the data of nearby simulated parking spaces]; and
in response to the detection of the parking space, cause a change from performing the previously recorded driving maneuver to performing a parking maneuver into the detected parking space [¶16 After (in response) driving to a certain location, the database automatically retrieves the data of nearby simulated parking spaces, ¶ 15 The scene processing unit receives data from the data processing module and processes the scene… includes: … location and size of suspected obstacles, location and speed of suspected moving obstacles (system determines any differences from the recorded parking path), ¶ 18 The location optimization module is used to avoid the vehicle's parking position from overlapping with obstacles based on the vehicle's original simulated parking space (the recorded path is changed for purposes of avoiding any new obstacles that may be in the way of the desired saved parking pathway), ¶ 22 The path optimization module is used to optimize and change the path of the vehicle when it is moving along the parking path and to synchronize the movement path to avoid collisions, ¶ 58 When a vehicle drives to a parking space, it can detect the surrounding space, mark the available parking locations (detects other parking spaces), optimize the best parking location based on the driver’s selection…].
Wang discloses its system to move in a parking direction [¶101 park in the parking direction], but is not explicit to using the terms longitudinal and/or lateral guidance for its automated parking system however, if not inherent, it would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to understand that the automatic parking assistance system of Wang would include guidance that could move laterally and/or longitudinally in order for a vehicle parking system to function as a vehicle on a road is functional by moving in either of those directions.
Examiner’s Note: The claim refers to performing a previously recorded driving maneuver and altering it to perform a maneuver different from the original based on a detected parking space. Wang is understood to detect parking spaces and to park at a place that is understood as the detected space for parking for the vehicle. The claim language reads broadly enough to include changing parking maneuvers to not only different parking spaces, but also the original space slightly altered to adjust for other found obstacles, as the parking space has been detected with an obstacle.
As per claim 11 Wang discloses a method for performing a parking maneuver of a vehicle, comprising [¶ 8, ¶12 The vehicle control system is used control the vehicle to automatically park in the parking space after the processing unit has processed the data and formed the parking path]:
guiding the vehicle with automated longitudinal and/or lateral guidance along a previously recorded trajectory when performing a previously recorded driving maneuver [¶11 includes a parking space simulation module capable of simulating virtual parking spaces(spaces that have been previously recorded), ¶17 tracking module… mark… parking space after the vehicle enters the virtual parking space, and to record the parking path of the vehicle. It can track the vehicle when it parks in the virtual parking space multiple times, ¶ 101 parking direction];
detecting a parking space for the vehicle while performing the previously recorded driving maneuver [¶16 the database automatically retrieves the data of nearby simulated parking spaces]; and
in response to the detection of the parking space, causing a change from performing the previously recorded driving maneuver to performing a parking maneuver into the detected parking space [¶16 After (in response) driving to a certain location, the database automatically retrieves the data of nearby simulated parking spaces, ¶ 15 The scene processing unit receives data from the data processing module and processes the scene… includes: … location and size of suspected obstacles, location and speed of suspected moving obstacles (system determines any differences from the recorded parking path), ¶ 18 The location optimization module is used to avoid the vehicle's parking position from overlapping with obstacles based on the vehicle's original simulated parking space (the recorded path is changed for purposes of avoiding any new obstacles that may be in the way of the desired saved parking pathway), ¶ 22 The path optimization module is used to optimize and change the path of the vehicle when it is moving along the parking path and to synchronize the movement path to avoid collisions].
Examiner’s Note: The claim refers to performing a previously recorded driving maneuver and altering it to perform a maneuver different from the original based on a detected parking space. Wang is understood to detect parking spaces and to park at a place that is understood as the detected space for parking for the vehicle. The claim language reads broadly enough to include changing parking maneuvers to not only different parking spaces, but also the original space slightly altered to adjust for other found obstacles, as the parking space has been detected with an obstacle.
As per claim 5 Wang discloses further wherein the vehicle controller is further configured to:
detect the parking space for the vehicle on the basis of environmental data from one or more environmental sensors of the vehicle [¶ 14 identify the data detected by the sensing unit and convert it into parking space, ¶24 vision sensors… acquire and recognize… The radar module…];
determine a parking maneuver trajectory for the parking maneuver into the detected parking space on the basis of environmental data from one or more environmental sensors of the vehicle; and guide the vehicle with automated longitudinal and/or lateral guidance along the determined parking maneuver trajectory when performing the parking maneuver [¶ The vehicle control system is used to control the vehicle to automatically park in the parking space… , ¶15 The scene processing unit receives data].
As per claim 6 Wang discloses further wherein the vehicle controller is further configured to: determine an intermediate position that is on the previously recorded trajectory; and determine a parking maneuver trajectory for the parking maneuver, which leads from the intermediate position to a parking end position in the detected parking space [¶5 During the parking process, the vehicle usually stops in the middle of the planned parking space. The system identifies the area of the parking space and detects obstacles inside the space to complete the parking process].
As per claim 7 Wang discloses further wherein the vehicle controller is further configured to: detect a parking space on the basis of environmental data from one or more environmental sensors of the vehicle, wherein the parking space: is beside the previously recorded trajectory and/or has a sufficiently large spatial extent for the vehicle [¶ 16 After driving to a certain location, the database automatically retrieves the data of nearby simulated parking spaces, ¶ 17 records path of the vehicle.. , ¶ 18 create sub-parking space data.. , ¶ 21 calculation module calculates the parking path between the vehicle to be parked and… the designated parking space, ¶ 30 based on their parking volume… , ¶ 32 vehicles that can be accommodated when the length of the vehicle… width of the vehicle door when it is open].
As per claim 10 Wang discloses further wherein the vehicle controller is further configured to:
check whether the previously recorded trajectory leads to an original parking space located in a parking region, in particular in a parking area or in a parking garage, with a multiplicity of different parking spaces [¶ 30 calculates the maximum number of vehicles that can be parked within the parking space based on their parking volume, ¶ 76 store the locations of parking spaces simulated by the parking space simulation module and can mark the garage… After driving to a certain location, the database automatically retrieves the data of nearby simulated parking spaces.]; and
search for a parking space for the vehicle when performing the previously recorded driving maneuver if, in particular only if, the previously recorded trajectory leads to an original parking space that is located in a parking region with a multiplicity of different parking spaces [¶123 When G1 or G2 < 1, the parking space inside the parking area is occupied and cannot be avoided by shifting the parking space. It is necessary to use other parking spaces or choose other parking spaces].
Claims 2-4 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over machine translation of CN 116494959 (“Wang”) in further view of US 20200298839 (“Minase”).
As per claim 2 Wang discloses further wherein the vehicle controller is further configured to:
in response to the detection of the parking space, cause an offer (via vehicle’s optimization process) to perform the parking maneuver into the detected parking space to be output, based on driver’s selection, to the vehicle [¶ 15 The scene processing unit receives data from the data processing module and processes the scene, ¶ 18 The location optimization module is used to avoid the vehicle's parking position from overlapping with obstacles based on the vehicle's original simulated parking space (this includes altering the space to an alternate location), ¶ 58 it can detect the surrounding space, mark the available parking locations, optimize the best parking location based on the driver’s selection];
cause a change from performing the previously recorded driving maneuver to performing the parking maneuver into the detected parking space if the vehicle optimization determines it is appropriate [¶ 22 The path optimization module is used to optimize and change the path of the vehicle when it is moving along the parking path and to synchronize the movement path to avoid collisions, ¶ 58 it can detect the surrounding space, mark the available parking locations, optimize the best parking location based on the driver’s selection, and complete the parking procedure in non-designated parking spaces, ¶ 60 When a simulated parking space is occupied by an obstacle, the actual parking position of the vehicle can be adjusted]; and
continue to perform the previously recorded driving maneuver if the vehicle optimization determines alteration is not needed [¶ 22 The path optimization module is used to optimize and change the path of the vehicle when it is moving along the parking path and to synchronize the movement path to avoid collisions (if no obstacles are detected, then original path is used)].
Wang is silent to: cause an offer/output to a user to select a further parking decision, perform the parking offer if the user accepts the offer, and not perform the parking option if the user does not accept the offer.
Minase discloses further to: cause an offer/output to a user to alter an automatic parking trajectory, perform the parking offer if the user accepts the offer/activates the output option [Fig. 5.502 First operation is performed (YES if accelerator pedal is operated)( (this is understood as the vehicle giving the user an option/offer to alter the original trajectory of the automatic parking process),
and not perform the parking alteration if the user does not accept the offer [Fig. 5.502 (in no, user does not perform operation/accept offer, then step 503 (execute parking assist control) continues)].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Wang with the teachings of Minase to change an automated decision process to include a user option to accept detected potential options first for purposes of allowing a more personalized decision trees to a user, thereby customizing system operations further to the user, increasing viability of the controller being more specific to the intended user.
As per claim 3 Wang Minase discloses further wherein the vehicle controller is further configured to:
detect a vehicle input to alter trajectory [¶ 22 The path optimization module is used to optimize and change the path of the vehicle when it is moving along the parking path and to synchronize the movement path to avoid collisions, ¶ 123 When G1 or G2 < 1, the parking space inside the parking area is occupied and cannot be avoided by shifting the parking space. It is necessary to use other parking spaces or choose other parking spaces].
cause the vehicle to be guided to the detected parking space with automated longitudinal and/or lateral guidance starting from the intermediate position when performing the parking maneuver [¶ 22 The path optimization module is used to optimize and change the path, ¶ 122 Parking can be completed by adjusting the position of the garage. For example, if the obstacle is located on the right side of the parking space and occupies the parking space to simulate a parking space, the parking space inside the parking space can be shifted as a whole to avoid the obstacle, ¶ 123 the parking space inside the parking area is occupied and cannot be avoided by shifting the parking space. It is necessary to use other parking spaces or choose other parking spaces].
Wang is silent to however Minase discloses further wherein the vehicle controller is further configured to:
detect a user input indicating that the user accepts the offer [Fig. 5.502 First operation is performed (YES if accelerator pedal is operated)( (this is understood as the vehicle giving the user an option/offer to alter the original trajectory of the automatic parking process);
in response to the detected user input, cause the vehicle to be automatically decelerated to a standstill at an intermediate position located on the previously recorded trajectory [Fig. 5.504 Execute pause processing (execute automatic stop processing)].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Wang with the teachings of Minase to change an automated decision process to include a user option to accept detected potential options first for purposes of allowing a more personalized decision trees to a user, thereby customizing system operations further to the user, increasing viability of the controller being more specific to the intended user.
As per claim 4 Wang is silent to however Minase discloses further wherein the vehicle controller is further configured to:
detect a user input indicating that the user accepts the offer after the vehicle has been manually decelerated to a standstill at an intermediate position [Fig. 6.603 Resume operation is performed]; and
in response to the detected user input, cause the vehicle to be guided to the detected parking space with automated longitudinal and/or lateral guidance starting from the intermediate position when performing the parking maneuver [Fig. 5, Fig. 6.604 Cancel automatic stop processing (for resuming automatic parking)].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Wang with the teachings of Minase to change an automated decision process to include a user option to accept detected potential options first for purposes of allowing a more personalized decision trees to a user, thereby customizing system operations further to the user, increasing viability of the controller being more specific to the intended user.
As per claim 8 Wang is silent to however Minase discloses further wherein the vehicle controller is further configured to output an offer to perform the previously recorded driving maneuver to a user of the vehicle [Fig. 6.603 Resume operation is performed]; and in response to a user input by the user, cause the previously recorded driving maneuver to be performed [Fig. 5, Fig. 6.604 Cancel automatic stop processing (for resuming automatic parking)].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Wang with the teachings of Minase to change an automated decision process to include a user option to accept detected potential options first for purposes of allowing a more personalized decision trees to a user, thereby customizing system operations further to the user, increasing viability of the controller being more specific to the intended user.
As per claim 9 Wang discloses further wherein the vehicle controller is further configured to:
detect that the vehicle is located at or in a defined environment of a starting position of the previously recorded driving maneuver [¶ 42 S1. When the vehicle arrives near the simulated parking space, it will retrieve the data S… ]; and output the offer to perform the previously recorded driving maneuver to the vehicle in response to the detection [¶ 42 The vehicle will select the location N of the simulated parking space and plan the parking path. The planned path is denoted as L1].
Wang is silent present the offer to the user of the vehicle.
Minase discloses presenting an offer to the user of the vehicle for performing automatic parking [Fig. 5-6].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Wang with the teachings of Minase to change an automated decision process to include a user option to accept detected potential options first for purposes of allowing a more personalized decision trees to a user, thereby customizing system operations further to the user, increasing viability of the controller being more specific to the intended user.
Additional Art to Consider
Application CN 115107748 titled, Parking Method And Device, discloses an alternate selection parking space for automatic parking that controls a vehicle to temporally park in an alternate space before parking in the original planned space. This is similar to the Applicant’s invention in that the system generates an alternate parking trajectory based on the original automatic parking space planning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A CASTRO whose telephone number is (571)272-4836. The examiner can normally be reached 10-6pm on campus.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado can be reached at 5712705744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PAUL A. CASTRO
Examiner
Art Unit 3662
/P.A.C/Examiner, Art Unit 3658
/Ramon A. Mercado/Supervisory Patent Examiner, Art Unit 3658
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