Prosecution Insights
Last updated: April 18, 2026
Application No. 18/812,365

Method for at Least Highly Automated Driving and for Infrastructure-based Assistance of a Motor Vehicle within a Parking Area

Non-Final OA §103
Filed
Aug 22, 2024
Examiner
MATTA, ALEXANDER GEORGE
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Robert Bosch GmbH
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
98 granted / 137 resolved
+19.5% vs TC avg
Strong +23% interview lift
Without
With
+22.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
42 currently pending
Career history
179
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
21.7%
-18.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 137 resolved cases

Office Action

§103
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 . Claim(s) 1 - 22 is pending for examination. This Action is made NON-FINAL. 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. Claim(s) 1-2, 5-6, 8-12, 15, and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 20210009111 A1) in view of Zhao et al. (US 20220348223 A1, hereinafter known as Zhao). Regarding Claim 1, Kang teaches A method for driving a motor vehicle within a parking area, comprising: providing the motor vehicle with a motor vehicle AVP system, the motor vehicle can be operated in a first AVP operating mode, in which the motor vehicle drives {Abstract “A system and method for supporting automated valet parking are provided. The vehicle may autonomously travel to an empty parking space and perform automated parking based on communication with the infrastructure. Further, the vehicle may autonomously travel to a parking space to a pickup area based on the communication with the infrastructure.” Para [0059] “An exit procedure is similar to the entering procedure described above. For exiting, the vehicle receives a return request. The driver (i.e., owner or user) of the vehicle makes a vehicle return request using a device (for example, Smartphone or mobile terminal) that can communicate with the infrastructure. When the driver makes the vehicle return request, the driver transmits vehicle information and driver information to the infrastructure using a mobile terminal. The infrastructure determines whether a target vehicle requested to be returned is actually parked within the parking lot on the basis of the vehicle information and the driver information received from the driver and checks whether the driver is a qualified driver. When the vehicle receives the vehicle return request, the vehicle or the infrastructure checks whether a passenger is present in the vehicle and proceeds to the subsequent stage when it is confirmed that no passenger is present in the vehicle. When the driver sends the vehicle return request, the driving authority is delegated from the driver to the vehicle or the infrastructure. That is, when the driver sends the vehicle return request, the driver loses right to control the vehicle. That is, the vehicle operates in accordance with a control signal from the infrastructure or control of its own control mechanism. For example, according to the control signal transmitted from the infrastructure, when the vehicle departs the parking space the vehicle doors are locked, and when the vehicle arrives at the pickup area the vehicle doors are unlocked. When the vehicle arrives at the pickup area, the driving authority is returned to the driver from the vehicle or the infrastructure.” } operating the motor vehicle in the second AVP operating mode by way of the motor vehicle AVP system, with the motor vehicle driving according to the AVP type 2 within the parking area with the assistance of an infrastructure AVP system; {Para [0062] “In step (3), autonomous traveling of the vehicle is performed within the parking lot. The autonomous traveling of the vehicle includes driving, stopping, and re-driving. The autonomous traveling of the vehicle is performed according to instructions transmitted from the infrastructure to the vehicle. Alternatively, the autonomous traveling of the vehicle may be performed without relying on the instructions transmitted from the infrastructure. The vehicle can autonomously travel to the target position along the guide route included in the permitted driving area. During the autonomous traveling of the vehicle, the vehicle is controlled to travel at a preset speed or below. This preset speed may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle. In addition, the vehicle is controlled not to deviate from an error margin of the given guide route when traveling along the guide route. This preset error margin may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle. In addition, the vehicle may turn with a predetermined minimum turning radius when it is necessary to curve around a corner during the autonomous traveling along the guide route. This preset minimum turning radius may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle. The vehicle is controlled not to exceed a predetermined maximum acceleration value when autonomously traveling along the guide route. This preset maximum acceleration value may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle.” } carrying out a handover process by way of the motor vehicle AVP system in order to switch the motor vehicle from the second AVP operating mode to the first AVP operating mode when a handover region of the parking area is reached by the motor vehicle; {Para [0055-0056] “In step (5), the infrastructure determines a suitable target position where the vehicle will be returned to the driver. For example, the suitable target position may be an empty parking space of multiple parking slots within the pickup area. In addition, the infrastructure determines a guide route which will guide the vehicle to the target position. After the target position and the guide route are determined and transmitted to the vehicle, the vehicle autonomously travels along the guide route to reach the target position and parks at the target position. In step (6), the driver arrives at the pickup area and takes over the driving authority for the vehicle. The driver drives the vehicle toward an exit of the parking lot.” Para [0077] “In step (9), a vehicle control release instruction is transmitted to the vehicle from the infrastructure. The delivery of the vehicle control release instruction is performed after the vehicle is autonomously parked in a parking space.” } switching from the second AVP operating mode to the first AVP operating mode by way of the motor vehicle AVP system when the handover process has been completed; and operating the motor vehicle in the first AVP operating mode by way of the motor vehicle AVP system after switching, with the motor vehicle driving according to the AVP type 1 within the parking area. { Para [0056] “In step (6), the driver arrives at the pickup area and takes over the driving authority for the vehicle. The driver drives the vehicle toward an exit of the parking lot.” Para [0077] “In step (9), a vehicle control release instruction is transmitted to the vehicle from the infrastructure. The delivery of the vehicle control release instruction is performed after the vehicle is autonomously parked in a parking space.” } Kang does not teach, a first AVP operating mode, in which the motor vehicle drives in an at least highly automated manner according to an AVP type 1. However, Zhao teaches a first AVP operating mode, in which the motor vehicle drives in an at least highly automated manner according to an AVP type 1. {Para [0046-0074] “In one embodiment, the AV 802 may include a semi-truck tractor unit attached to a trailer to transport cargo or freight from one location to another location (see FIG. 8). The AV 802 is navigated by a plurality of components described in detail in FIGS. 8-10. The operation of the AV 802 is described in greater detail in FIG. 8. The corresponding description below includes brief descriptions of certain components of the AV 802. In brief, the AV 802 includes an in-vehicle control computer 850 which is operated to facilitate autonomous driving of the AV 802. In this disclosure, the in-vehicle control computer 850 may be interchangeably referred to as a control device 850. Control device 850 is generally configured to control the operation of the AV 802 and its components. The control device 850 is further configured to determine a pathway in front of the AV 802 that is safe to travel and free of objects/obstacles, and navigate the AV 802 to travel in that pathway. This process is described in more detail in FIGS. 8-10. The control device 850 generally includes one or more computing devices in signal communication with other components of the AV 802 (see FIG. 8). The control device 850 receives sensor data 148 from one or more sensors 846 positioned on the AV 802 to determine a safe pathway to travel. The sensor data 148 includes data captured by the sensors 846. Sensors 846 are configured to capture any object within their detection zones or fields of view, such as landmarks, lane markings, lane boundaries, road boundaries, vehicles, pedestrians, road/traffic signs, among others. The sensors 846 may include cameras, LiDAR sensors, motion sensors, infrared sensors, and the like. In one embodiment, the sensors 846 may be positioned around the AV 802 to capture the environment surrounding the AV 802.” A generic autonomous mode can be considered as a AVP operating mode as it can be used in a variety of environments } It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kang to incorporate the teachings of Zhao to use generic autonomous driving mode instead of the driver driving because as is well known it increases the convenience of the driver to not have to drive. Regarding Claim 2, Kang in view of Zhao teaches The method of claim 1. Kang further teaches wherein, before operating the motor vehicle in the second AVP operating mode, an AVP initialization process is carried out by the motor vehicle AVP system, the motor vehicle is switched to the second AVP operating mode after successful completion of the AVP initialization process. {Para [0058-0059] “In step (1), preparation operations of the infrastructure and the vehicle to start an automated valet parking procedure are performed. The infrastructure identifies a driver and a vehicle and determines whether the driver and the vehicle are qualified. For example, the infrastructure determines whether the driver is a qualified driver by reading an identification number (ID) or a password input by the driver. In addition, the infrastructure determines whether the vehicle is a qualified vehicle by reading an identification number (VIN) of the vehicle. The vehicle can turn on and off the engine by itself. The vehicle can turn on and off the power supply by itself. A state in which the engine of the vehicle is turned off but the power supply is turned on is referred to as an accessory-on (ACC-ON) state. The engine on/off and the power supply on/off of the vehicle are performed according to instructions transmitted from the infrastructure or automatically performed without depending on the instructions transmitted from the infrastructure. The vehicle can lock and unlock the doors by itself. The locking and unlocking of the vehicle doors are performed according to instructions transmitted from the infrastructure or are autonomously performed by the vehicle without depending on the instructions transmitted from the infrastructure. When the vehicle proceeds to an automated parking stage, it is preferable to lock the vehicle doors. At this stage, the driving authority for the vehicle is delegated to the infrastructure from the vehicle driver. The driving authority for a vehicle means an authority to control the vehicle. With the driving authority, it is possible to control vehicle operations such as steering, accelerating, braking, gear shifting, engine on/off, door locking/unlocking, and the like. Since the driving authority is delegated to the infrastructure, the infrastructure can take complete control of the vehicle during the automated valet parking of the vehicle. Accordingly, it is possible to lower a probability that the vehicle improperly operates during automated valet parking, thereby preventing the vehicle from experiencing an in-parking lot accident. However, in some cases, the driving authority may be partially delegated to the infrastructure so that the vehicle can still control some of the vehicle operations. Alternatively, the driving authority may be shared by the vehicle and the infrastructure. For example, a braking operation needs to be performed when an emergency occurs during the automated valet parking. Therefore, it is preferable for the vehicle to apply a brake without intervention of the infrastructure when the vehicle senses a danger with help of an ADAS sensor or the like. In addition, the vehicle checks whether a person or animal is present in the vehicle before starting parking. Since a parking duration from the completion of the automated valet parking to the vehicle return to the driver is likely to be long, if a person or animal accidentally remains in the vehicle while the vehicle is parked, the person or animal would be in danger. Therefore, it is important to ensure that the vehicle is empty before the vehicle is parked. Whether a person or animal remains in the vehicle or not is checked with a built-in sensor. On the other hand, the driving authority is automatically returned to the driver from the infrastructure and/or the vehicle when the automated valet parking is finished. An exit procedure is similar to the entering procedure described above. For exiting, the vehicle receives a return request. The driver (i.e., owner or user) of the vehicle makes a vehicle return request using a device (for example, Smartphone or mobile terminal) that can communicate with the infrastructure. When the driver makes the vehicle return request, the driver transmits vehicle information and driver information to the infrastructure using a mobile terminal. The infrastructure determines whether a target vehicle requested to be returned is actually parked within the parking lot on the basis of the vehicle information and the driver information received from the driver and checks whether the driver is a qualified driver. When the vehicle receives the vehicle return request, the vehicle or the infrastructure checks whether a passenger is present in the vehicle and proceeds to the subsequent stage when it is confirmed that no passenger is present in the vehicle. When the driver sends the vehicle return request, the driving authority is delegated from the driver to the vehicle or the infrastructure. That is, when the driver sends the vehicle return request, the driver loses right to control the vehicle. That is, the vehicle operates in accordance with a control signal from the infrastructure or control of its own control mechanism. For example, according to the control signal transmitted from the infrastructure, when the vehicle departs the parking space the vehicle doors are locked, and when the vehicle arrives at the pickup area the vehicle doors are unlocked. When the vehicle arrives at the pickup area, the driving authority is returned to the driver from the vehicle or the infrastructure.” } Regarding Claim 5, Kang in view of Zhao teaches The method of claim 1. Kang further teaches wherein, during driving according to the AVP type 2, the motor vehicle is continuously located by the motor vehicle AVP system and is driven according to the AVP type 2 on the basis of the continuously determined location. {Para [0063] “In step (4), a position measurement process is performed. The target of the position measurement may be a vehicle to be parked in a parking lot, an obstacle existing in the parking lot, or a vehicle that is already parked in the parking lot. The infrastructure measures the position of the vehicle or the obstacle and stores the measured position in a database. The infrastructure identifies and detects vehicles or obstacles and monitors the safety of each of the plurality of vehicles in the parking lot. In addition, the infrastructure monitors the operating state of the vehicle that is being parked at the target position and transmits instructions to the vehicle on the basis of the results of the monitoring. The vehicle measures its position by itself. The vehicle transmits the measured position to the infrastructure. The error of the position measured by the vehicle needs to be within a predetermined error range. The predetermined error range is determined by the infrastructure. The vehicle detects obstacles present around the vehicle, measures the positions of the respective obstacles, and transmits the measured positions to the infrastructure. The communication between the vehicle and the infrastructure is performed at a predetermined frequency.” } Regarding Claim 6, Kang in view of Zhao teaches The method of claim 5. Kang further teaches wherein reaching the handover region is detected by the motor vehicle AVP system based on the continuously determined location. {Para [0033] “The term “target position” refers to an empty parking space available for parking. In some cases, the term “target position” may refer to a pickup area where a driver gets his or her vehicle returned to leave the parking lot.” Para [0064] “In step (5), an automated parking operation is performed by the vehicle. The automated parking refers to an operation in which the vehicle that has reached around the target position driverlessly goes into a parking slot determined as the target position. The vehicle performs automated parking by sensing nearby obstacles or nearly vehicles that are parked, with the help of a distance sensor mounted in the vehicle. Examples of the distance sensor mounted in the vehicle include an ultrasonic sensor, a radar sensor, a lidar sensor, and a camera.” Para [0066] “In step (7), the automated valet parking procedure is finished. After the vehicle has completed autonomous traveling or automated parking, the infrastructure issues a control release instruction to the vehicle. The vehicle can turn on and off the engine and turn on and off the power supply according to instructions received from the infrastructure or without depending on the instructions received from the infrastructure. In addition, the vehicle can lock and unlock the vehicle doors according to instructions received from the infrastructure or without depending on the instructions received from the infrastructure. Further, the vehicle can apply a parking brake according to instructions received from the infrastructure or without depending on the instructions received from the infrastructure.” } Regarding Claim 8, Kang in view of Zhao teaches The method of claim 1. Zhao further teaches wherein carrying out the handover process includes receiving a target position and a proposal of a route to the target position from the infrastructure AVP system by way of the motor vehicle AVP system. {Para [0062] “In one embodiment, the operation server 120 may be implemented by a cluster of computing devices that may serve to oversee the operations of the AV 802. For example, the operation server 120 may be implemented by a plurality of computing devices using distributed computing and/or cloud computing systems. In another example, the operation server 120 may be implemented by a plurality of computing devices in one or more data centers. As such, in one embodiment, the operation server 120 may include more processing power than the control device 850. The operation server 120 is in signal communication with one or more AVs 802 and their components (e.g., the control device 850). In one embodiment, the operation server 120 is configured to determine a particular routing plan 144 for the AV 802. For example, the operation server 120 may determine a particular routing plan 144 for an AV 802 that leads to reduced driving time and a safer driving experience for reaching the destination of that AV 802.” Para [0075] “Routing plan 144 is a plan for traveling from a start location (e.g., a first AV launchpad/landing pad) to a destination (e.g., a second AV launchpad/landing pad). For example, the routing plan 144 may specify a combination of one or more streets, roads, and highways in a specific order from the start location to the destination. The routing plan 144 may specify stages including the first stage (e.g., moving out from the start location), a plurality of intermediate stages (e.g., traveling along particular lanes of one or more particular street/road/highway), and the last stage (e.g., entering the destination). The routing plan 144 may include other information about the route from the start position to the destination, such as road/traffic signs in that routing plan 144, etc.” } Regarding Claim 9, Kang in view of Zhao teaches The method of claim 8. Zhao further teaches wherein, during driving according to the AVP type 1, an environment of the motor vehicle is captured using a motor vehicle environmental sensor system, and if an obstacle captured by the motor vehicle environmental sensor system is detected, the proposal of the route is replanned by the motor vehicle AVP system to avoid the obstacle and the motor vehicle is driven to the target position based on a replanned route. {Para [0050] “Commands 130 generally comprise one or more instructions that may be used to navigate and/or configure one or more AVs 802. For example, the commands 130 may include, but are not limited to instructions to: 1) transition, by an AV 802, from autonomous driving to manual driving; 2) avoid, by an AV 802, obstacles 118 (e.g., road closures 104, objects 106, construction zones 108, etc.); 3) avoid, by an AV 802, one or more certain lanes (e.g., lanes occupied by an obstacle 118, etc.); 4) avoid, by an AV 802, one or more certain routing plans 144 on which unexpected road conditions 156 or obstacles 118 are detected; 5) take, by an AV 802, a certain re-route (e.g., by taking an exit 112); 6) operate, by an AV 802, in a manner different than driving instructions 146 (e.g., driving slower or faster than the speed indicated in the driving instruction 146).” } Regarding Claim 10, Kang in view of Zhao teaches The method of claim 1. Kang further teaches wherein, at an end of the handover process, a specification from the infrastructure AVP system is received by the motor vehicle AVP system and followed by the motor vehicle AVP system, the specification indicates whether the motor vehicle continues driving according to the AVP type 1 or the AVP type 2. {Para [0059] “An exit procedure is similar to the entering procedure described above. For exiting, the vehicle receives a return request. The driver (i.e., owner or user) of the vehicle makes a vehicle return request using a device (for example, Smartphone or mobile terminal) that can communicate with the infrastructure. When the driver makes the vehicle return request, the driver transmits vehicle information and driver information to the infrastructure using a mobile terminal. The infrastructure determines whether a target vehicle requested to be returned is actually parked within the parking lot on the basis of the vehicle information and the driver information received from the driver and checks whether the driver is a qualified driver. When the vehicle receives the vehicle return request, the vehicle or the infrastructure checks whether a passenger is present in the vehicle and proceeds to the subsequent stage when it is confirmed that no passenger is present in the vehicle. When the driver sends the vehicle return request, the driving authority is delegated from the driver to the vehicle or the infrastructure. That is, when the driver sends the vehicle return request, the driver loses right to control the vehicle. That is, the vehicle operates in accordance with a control signal from the infrastructure or control of its own control mechanism. For example, according to the control signal transmitted from the infrastructure, when the vehicle departs the parking space the vehicle doors are locked, and when the vehicle arrives at the pickup area the vehicle doors are unlocked. When the vehicle arrives at the pickup area, the driving authority is returned to the driver from the vehicle or the infrastructure.” } Regarding Claim 11, Kang teaches A method for driving a motor vehicle within a parking area, comprising: providing an infrastructure AVP system communicating with the motor vehicle, the motor vehicle can be operated in a first AVP operating mode, in which the motor vehicle drives {Abstract “A system and method for supporting automated valet parking are provided. The vehicle may autonomously travel to an empty parking space and perform automated parking based on communication with the infrastructure. Further, the vehicle may autonomously travel to a parking space to a pickup area based on the communication with the infrastructure.” Para [0059] “An exit procedure is similar to the entering procedure described above. For exiting, the vehicle receives a return request. The driver (i.e., owner or user) of the vehicle makes a vehicle return request using a device (for example, Smartphone or mobile terminal) that can communicate with the infrastructure. When the driver makes the vehicle return request, the driver transmits vehicle information and driver information to the infrastructure using a mobile terminal. The infrastructure determines whether a target vehicle requested to be returned is actually parked within the parking lot on the basis of the vehicle information and the driver information received from the driver and checks whether the driver is a qualified driver. When the vehicle receives the vehicle return request, the vehicle or the infrastructure checks whether a passenger is present in the vehicle and proceeds to the subsequent stage when it is confirmed that no passenger is present in the vehicle. When the driver sends the vehicle return request, the driving authority is delegated from the driver to the vehicle or the infrastructure. That is, when the driver sends the vehicle return request, the driver loses right to control the vehicle. That is, the vehicle operates in accordance with a control signal from the infrastructure or control of its own control mechanism. For example, according to the control signal transmitted from the infrastructure, when the vehicle departs the parking space the vehicle doors are locked, and when the vehicle arrives at the pickup area the vehicle doors are unlocked. When the vehicle arrives at the pickup area, the driving authority is returned to the driver from the vehicle or the infrastructure.” } assisting the motor vehicle with the infrastructure AVP system to operate the motor vehicle in the second AVP operating mode, with the motor vehicle driving according to the AVP type 2 within the parking area; {Para [0062] “In step (3), autonomous traveling of the vehicle is performed within the parking lot. The autonomous traveling of the vehicle includes driving, stopping, and re-driving. The autonomous traveling of the vehicle is performed according to instructions transmitted from the infrastructure to the vehicle. Alternatively, the autonomous traveling of the vehicle may be performed without relying on the instructions transmitted from the infrastructure. The vehicle can autonomously travel to the target position along the guide route included in the permitted driving area. During the autonomous traveling of the vehicle, the vehicle is controlled to travel at a preset speed or below. This preset speed may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle. In addition, the vehicle is controlled not to deviate from an error margin of the given guide route when traveling along the guide route. This preset error margin may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle. In addition, the vehicle may turn with a predetermined minimum turning radius when it is necessary to curve around a corner during the autonomous traveling along the guide route. This preset minimum turning radius may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle. The vehicle is controlled not to exceed a predetermined maximum acceleration value when autonomously traveling along the guide route. This preset maximum acceleration value may be a value transmitted from the infrastructure to the vehicle or may be a value stored in the vehicle.” } carrying out a handover process by way of the infrastructure AVP system in order to switch the motor vehicle from the second AVP operating mode to the first AVP operating mode when a handover region of the parking area is reached by the motor vehicle; {Para [0055-0056] “In step (5), the infrastructure determines a suitable target position where the vehicle will be returned to the driver. For example, the suitable target position may be an empty parking space of multiple parking slots within the pickup area. In addition, the infrastructure determines a guide route which will guide the vehicle to the target position. After the target position and the guide route are determined and transmitted to the vehicle, the vehicle autonomously travels along the guide route to reach the target position and parks at the target position. In step (6), the driver arrives at the pickup area and takes over the driving authority for the vehicle. The driver drives the vehicle toward an exit of the parking lot.” Para [0077] “In step (9), a vehicle control release instruction is transmitted to the vehicle from the infrastructure. The delivery of the vehicle control release instruction is performed after the vehicle is autonomously parked in a parking space.” } sending a specification to the motor vehicle from the infrastructure AVP system that indicates driving according to the AVP type 1 when the handover process has been successfully completed; switching from the second AVP operating mode to the first AVP operating mode at the motor vehicle; and driving the motor vehicle according to the AVP type 1 within the parking area. { Para [0056] “In step (6), the driver arrives at the pickup area and takes over the driving authority for the vehicle. The driver drives the vehicle toward an exit of the parking lot.” Para [0077] “In step (9), a vehicle control release instruction is transmitted to the vehicle from the infrastructure. The delivery of the vehicle control release instruction is performed after the vehicle is autonomously parked in a parking space.” } Kang does not teach, a first AVP operating mode, in which the motor vehicle drives in an at least highly automated manner according to an AVP type 1. However, Zhao teaches a first AVP operating mode, in which the motor vehicle drives in an at least highly automated manner according to an AVP type 1. {Para [0046-0074] “In one embodiment, the AV 802 may include a semi-truck tractor unit attached to a trailer to transport cargo or freight from one location to another location (see FIG. 8). The AV 802 is navigated by a plurality of components described in detail in FIGS. 8-10. The operation of the AV 802 is described in greater detail in FIG. 8. The corresponding description below includes brief descriptions of certain components of the AV 802. In brief, the AV 802 includes an in-vehicle control computer 850 which is operated to facilitate autonomous driving of the AV 802. In this disclosure, the in-vehicle control computer 850 may be interchangeably referred to as a control device 850. Control device 850 is generally configured to control the operation of the AV 802 and its components. The control device 850 is further configured to determine a pathway in front of the AV 802 that is safe to travel and free of objects/obstacles, and navigate the AV 802 to travel in that pathway. This process is described in more detail in FIGS. 8-10. The control device 850 generally includes one or more computing devices in signal communication with other components of the AV 802 (see FIG. 8). The control device 850 receives sensor data 148 from one or more sensors 846 positioned on the AV 802 to determine a safe pathway to travel. The sensor data 148 includes data captured by the sensors 846. Sensors 846 are configured to capture any object within their detection zones or fields of view, such as landmarks, lane markings, lane boundaries, road boundaries, vehicles, pedestrians, road/traffic signs, among others. The sensors 846 may include cameras, LiDAR sensors, motion sensors, infrared sensors, and the like. In one embodiment, the sensors 846 may be positioned around the AV 802 to capture the environment surrounding the AV 802.” A generic autonomous mode can be considered as a AVP operating mode as it can be used in a variety of environments } It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kang to incorporate the teachings of Zhao to use generic autonomous driving mode instead of the driver driving because as is well known it increases the convenience of the driver to not have to drive. Regarding Claim 12, Kang in view of Zhao teaches The method of claim 11. Kang further teaches wherein, before assisting the motor vehicle, an AVP initialization process is carried out by the infrastructure AVP system, the infrastructure AVP system sends a first driving permit to the motor vehicle at a successful end of the AVP initialization process, the motor vehicle switches to the second AVP operating mode upon receiving the first driving permit. {Para [0058-0059] “In step (1), preparation operations of the infrastructure and the vehicle to start an automated valet parking procedure are performed. The infrastructure identifies a driver and a vehicle and determines whether the driver and the vehicle are qualified. For example, the infrastructure determines whether the driver is a qualified driver by reading an identification number (ID) or a password input by the driver. In addition, the infrastructure determines whether the vehicle is a qualified vehicle by reading an identification number (VIN) of the vehicle. The vehicle can turn on and off the engine by itself. The vehicle can turn on and off the power supply by itself. A state in which the engine of the vehicle is turned off but the power supply is turned on is referred to as an accessory-on (ACC-ON) state. The engine on/off and the power supply on/off of the vehicle are performed according to instructions transmitted from the infrastructure or automatically performed without depending on the instructions transmitted from the infrastructure. The vehicle can lock and unlock the doors by itself. The locking and unlocking of the vehicle doors are performed according to instructions transmitted from the infrastructure or are autonomously performed by the vehicle without depending on the instructions transmitted from the infrastructure. When the vehicle proceeds to an automated parking stage, it is preferable to lock the vehicle doors. At this stage, the driving authority for the vehicle is delegated to the infrastructure from the vehicle driver. The driving authority for a vehicle means an authority to control the vehicle. With the driving authority, it is possible to control vehicle operations such as steering, accelerating, braking, gear shifting, engine on/off, door locking/unlocking, and the like. Since the driving authority is delegated to the infrastructure, the infrastructure can take complete control of the vehicle during the automated valet parking of the vehicle. Accordingly, it is possible to lower a probability that the vehicle improperly operates during automated valet parking, thereby preventing the vehicle from experiencing an in-parking lot accident. However, in some cases, the driving authority may be partially delegated to the infrastructure so that the vehicle can still control some of the vehicle operations. Alternatively, the driving authority may be shared by the vehicle and the infrastructure. For example, a braking operation needs to be performed when an emergency occurs during the automated valet parking. Therefore, it is preferable for the vehicle to apply a brake without intervention of the infrastructure when the vehicle senses a danger with help of an ADAS sensor or the like. In addition, the vehicle checks whether a person or animal is present in the vehicle before starting parking. Since a parking duration from the completion of the automated valet parking to the vehicle return to the driver is likely to be long, if a person or animal accidentally remains in the vehicle while the vehicle is parked, the person or animal would be in danger. Therefore, it is important to ensure that the vehicle is empty before the vehicle is parked. Whether a person or animal remains in the vehicle or not is checked with a built-in sensor. On the other hand, the driving authority is automatically returned to the driver from the infrastructure and/or the vehicle when the automated valet parking is finished. An exit procedure is similar to the entering procedure described above. For exiting, the vehicle receives a return request. The driver (i.e., owner or user) of the vehicle makes a vehicle return request using a device (for example, Smartphone or mobile terminal) that can communicate with the infrastructure. When the driver makes the vehicle return request, the driver transmits vehicle information and driver information to the infrastructure using a mobile terminal. The infrastructure determines whether a target vehicle requested to be returned is actually parked within the parking lot on the basis of the vehicle information and the driver information received from the driver and checks whether the driver is a qualified driver. When the vehicle receives the vehicle return request, the vehicle or the infrastructure checks whether a passenger is present in the vehicle and proceeds to the subsequent stage when it is confirmed that no passenger is present in the vehicle. When the driver sends the vehicle return request, the driving authority is delegated from the driver to the vehicle or the infrastructure. That is, when the driver sends the vehicle return request, the driver loses right to control the vehicle. That is, the vehicle operates in accordance with a control signal from the infrastructure or control of its own control mechanism. For example, according to the control signal transmitted from the infrastructure, when the vehicle departs the parking space the vehicle doors are locked, and when the vehicle arrives at the pickup area the vehicle doors are unlocked. When the vehicle arrives at the pickup area, the driving authority is returned to the driver from the vehicle or the infrastructure.” } Regarding Claim 15, Kang in view of Zhao teaches The method of claim 12. Kang further teaches wherein the AVP initialization process includes checking with the infrastructure AVP system whether the motor vehicle can drive away without a collision, the first driving permit is sent only if it is possible to drive away without the collision. {Para [0058] “In step (1), preparation operations of the infrastructure and the vehicle to start an automated valet parking procedure are performed. The infrastructure identifies a driver and a vehicle and determines whether the driver and the vehicle are qualified. For example, the infrastructure determines whether the driver is a qualified driver by reading an identification number (ID) or a password input by the driver. In addition, the infrastructure determines whether the vehicle is a qualified vehicle by reading an identification number (VIN) of the vehicle. The vehicle can turn on and off the engine by itself. The vehicle can turn on and off the power supply by itself. A state in which the engine of the vehicle is turned off but the power supply is turned on is referred to as an accessory-on (ACC-ON) state. The engine on/off and the power supply on/off of the vehicle are performed according to instructions transmitted from the infrastructure or automatically performed without depending on the instructions transmitted from the infrastructure. The vehicle can lock and unlock the doors by itself. The locking and unlocking of the vehicle doors are performed according to instructions transmitted from the infrastructure or are autonomously performed by the vehicle without depending on the instructions transmitted from the infrastructure. When the vehicle proceeds to an automated parking stage, it is preferable to lock the vehicle doors. At this stage, the driving authority for the vehicle is delegated to the infrastructure from the vehicle driver. The driving authority for a vehicle means an authority to control the vehicle. With the driving authority, it is possible to control vehicle operations such as steering, accelerating, braking, gear shifting, engine on/off, door locking/unlocking, and the like. Since the driving authority is delegated to the infrastructure, the infrastructure can take complete control of the vehicle during the automated valet parking of the vehicle. Accordingly, it is possible to lower a probability that the vehicle improperly operates during automated valet parking, thereby preventing the vehicle from experiencing an in-parking lot accident. However, in some cases, the driving authority may be partially delegated to the infrastructure so that the vehicle can still control some of the vehicle operations. Alternatively, the driving authority may be shared by the vehicle and the infrastructure. For example, a braking operation needs to be performed when an emergency occurs during the automated valet parking. Therefore, it is preferable for the vehicle to apply a brake without intervention of the infrastructure when the vehicle senses a danger with help of an ADAS sensor or the like. In addition, the vehicle checks whether a person or animal is present in the vehicle before starting parking. Since a parking duration from the completion of the automated valet parking to the vehicle return to the driver is likely to be long, if a person or animal accidentally remains in the vehicle while the vehicle is parked, the person or animal would be in danger. Therefore, it is important to ensure that the vehicle is empty before the vehicle is parked. Whether a person or animal remains in the vehicle or not is checked with a built-in sensor. On the other hand, the driving authority is automatically returned to the driver from the infrastructure and/or the vehicle when the automated valet parking is finished.” Para [0065] “In step (6), an emergency braking operation is performed. The emergency braking of the vehicle is performed according to instructions transmitted from the infrastructure or may be performed by itself when the vehicle detects an obstacle. The infrastructure instructs the vehicle to apply an emergency brake when it is determined that an area around the vehicle is unsafe. When the infrastructure determines that the surroundings of the vehicle become safe after the emergency braking is performed, the infrastructure orders the vehicle to resume autonomous traveling or automated parking. When the vehicle detects an obstacle, the vehicle applies an emergency brake by itself. In addition, the vehicle reports the infrastructure that it has performed the emergency braking or informs the infrastructure of the type or location of an obstacle which is the cause of the emergency braking. The vehicle reduces its speed according to a predetermined deceleration value preset for the emergency braking. This predetermined deceleration value is a value determined by the infrastructure or a value stored in the vehicle. The predetermined deceleration value may be determined according to the type of an obstacle, the position of an obstacle, and the distance between the vehicle and an obstacle. The vehicle resumes autonomous traveling or automated parking upon receiving a resumption instruction for the autonomous traveling or automated parking from the infrastructure. Alternatively, the vehicle may resume the autonomous traveling or automated parking when it confirms that the obstacle is removed. The vehicle reports to the infrastructure of the resumption of autonomous traveling or automated parking and of the removal of the obstacle.” } Regarding Claim 17, Kang in view of Zhao teaches The method of claim 11. Kang further teaches wherein, in case of an unsuccessful end of the handover process, another specification is sent by the infrastructure AVP system to the motor vehicle indicating driving according to the AVP type 2. {Para [0067] “In step (8), an error control operation is performed. The error control is performed when an error occurs in communication between the vehicle and the infrastructure and/or when a mechanical error of the vehicle occurs. The infrastructure monitors communication between the infrastructure and the vehicle to detect whether a communication error occurs. The vehicle detects a communication error by monitoring the communication between the infrastructure and the vehicle. The vehicle determines whether a mechanical error occurs by monitoring operating states of built-in accessories including sensors mounted therein. The vehicle detects the presence of a person or animal in the vehicle and applies an emergency brake when the presence of a person or animal is detected. The vehicle resumes automated parking or autonomous traveling according to instructions received from the infrastructure when the vehicle is in an emergency stop state. Alternatively, the vehicle may determine, by itself, whether the cause of the emergency braking is removed and resumes automated parking or autonomous traveling when the cause of the emergency parking is removed.” } Regarding Claim 18, Kang in view of Zhao teaches The method of claim 1. Kang further teaches A motor vehicle AVP system, which carries out the method {Abstract “A system and method for supporting automated valet parking are provided. The vehicle may autonomously travel to an empty parking space and perform automated parking based on communication with the infrastructure. Further, the vehicle may autonomously travel to a parking space to a pickup area based on the communication with the infrastructure.” } Regarding Claim 19, Kang in view of Zhao teaches the motor vehicle AVP system of claim 18. Kang further teaches A motor vehicle comprising the motor vehicle AVP system {Para [0040] “FIG. 2 is a view illustrating an automated valet parking apparatus in accordance with one embodiment of the present disclosure. Referring to FIG. 2, the automated valet parking apparatus 200 (i.e., vehicle) includes a sensor unit 210, a determination unit 230, a vehicle control unit 240, and a communication unit 220.” } Regarding Claim 20, Kang in view of Zhao teaches The method of claim 11. Kang further teaches An infrastructure AVP system, which carries out the method {Para [0038] “The infrastructure 100 refers to an apparatus, facility, or system for operating, managing, and controlling the automated valet parking system 10. The infrastructure 100 includes a parking facility. According to embodiments, the infrastructure 100 may include sensors, communication devices, alarm devices, display devices, and a server device that controls these devices. Alternatively, in some cases, the term “infrastructure” may refer to a control center that controls gates of a parking lot, vehicles in the parking lot, etc.” } Regarding Claim 21, Kang in view of Zhao teaches The method of claim 1. Kang further teaches A computer program comprising a plurality of instructions which, when executed by a computer, cause the computer to carry out the method {Para [0179] “When implemented as software, the techniques described herein can be implemented as modules (for examples, procedures, functions, etc.) that perform the functions described herein. Software codes may be stored in a memory unit and may be executed by a processor. The memory unit may be embedded in a processor or may be provided outside a processor. In this case, the memory unit may be communicatively connected with the processor by various means known in the art.” } Regarding Claim 22, Kang in view of Zhao teaches The computer program claimed in claim 21. Kang further teaches A non-transitory machine-readable storage medium on which the computer program claimed in claim 21 is stored. {Para [0179] “When implemented as software, the techniques described herein can be implemented as modules (for examples, procedures, functions, etc.) that perform the functions described herein. Software codes may be stored in a memory unit and may be executed by a processor. The memory unit may be embedded in a processor or may be provided outside a processor. In this case, the memory unit may be communicatively connected with the processor by various means known in the art.” } Claim(s) 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 20210009111 A1) in view of Zhao et al. (US 20220348223 A1, hereinafter known as Zhao) and Nemeth et al. (US 20190250608 A1, hereinafter known as Nemeth) Regarding Claim 7, Kang in view of Zhao teaches The method of claim 1. Kang in view of Zhao does not teach, wherein carrying out the handover process includes checking a handover precondition with the motor vehicle AVP system that must be fulfilled for switching, a switching request is sent to the infrastructure AVP system by the motor vehicle AVP system if checking is successful. However, Nemeth teaches wherein carrying out the handover process includes checking a handover precondition with the motor vehicle AVP system that must be fulfilled for switching, a switching request is sent to the infrastructure AVP system by the motor vehicle AVP system if checking is successful. {Para [0007] “The present invention relates to a system for transferring a utility vehicle between a driver and a management system which makes it possible to autonomously operate the utility vehicle in a restricted area. The system comprises a vehicle interface, a safety module and a control module. The vehicle interface is configured to make it possible for the driver to request the transfer of the utility vehicle. The safety module is configured to establish a safe state of the utility vehicle. The control module is configured to transfer the vehicle between the driver and the management system if the driver has requested the transfer and the safety module has established the safe state.” Para [0017] “The control module can optionally also be configured to determine a presence of the driver in the driver's cab of the utility vehicle (for example using special sensors or by a query via the vehicle interface). The system can then transfer the utility vehicle from the management system to the driver when the driver is physically present in the driver's cab. In particular, a transfer does not need to be carried out if the driver is not in the driver's cab.” Para [0019] “In addition, the present invention also relates to the management system mentioned which comprises at least the following features: a communication interface and a control unit. The communication interface is configured to establish a connection to the system described above such that the utility vehicle can be accepted from the driver or transferred to the driver. The control unit is configured to autonomously operate the utility vehicle in a restricted area.” } It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kang in view of Zhao to incorporate the teachings of Nemeth to check a precondition before transfer control because it ensures safety as discussed in para [0003] of Nemeth “In order to ensure safety in the autonomous mode and to also enable continuous operation, the responsibilities should always be clearly controlled and a well-defined transfer and acceptance process between the human driver and the system (that is to say the machine) or another person assuming control of the vehicle is important.” Regarding Claim 16, Kang in view of Zhao teaches The method of claim 11. Zhao further teaches a target position and a proposal of a route to the target position are determined by the infrastructure AVP system and sent to the motor vehicle if checking is successful. {Para [0062] “In one embodiment, the operation server 120 may be implemented by a cluster of computing devices that may serve to oversee the operations of the AV 802. For example, the operation server 120 may be implemented by a plurality of computing devices using distributed computing and/or cloud computing systems. In another example, the operation server 120 may be implemented by a plurality of computing devices in one or more data centers. As such, in one embodiment, the operation server 120 may include more processing power than the control device 850. The operation server 120 is in signal communication with one or more AVs 802 and their components (e.g., the control device 850). In one embodiment, the operation server 120 is configured to determine a particular routing plan 144 for the AV 802. For example, the operation server 120 may determine a particular routing plan 144 for an AV 802 that leads to reduced driving time and a safer driving experience for reaching the destination of that AV 802.” Para [0075] “Routing plan 144 is a plan for traveling from a start location (e.g., a first AV launchpad/landing pad) to a destination (e.g., a second AV launchpad/landing pad). For example, the routing plan 144 may specify a combination of one or more streets, roads, and highways in a specific order from the start location to the destination. The routing plan 144 may specify stages including the first stage (e.g., moving out from the start location), a plurality of intermediate stages (e.g., traveling along particular lanes of one or more particular street/road/highway), and the last stage (e.g., entering the destination). The routing plan 144 may include other information about the route from the start position to the destination, such as road/traffic signs in that routing plan 144, etc.” } Kang in view of Zhao does not teach, wherein the handover process includes receiving a switching request from the motor vehicle at the infrastructure AVP system and, in response to receiving the switching request, the infrastructure AVP system checks a handover precondition which must be fulfilled for switching, However, Nemeth teaches wherein the handover process includes receiving a switching request from the motor vehicle at the infrastructure AVP system and, in response to receiving the switching request, the infrastructure AVP system checks a handover precondition which must be fulfilled for switching, {Para [0007] “The present invention relates to a system for transferring a utility vehicle between a driver and a management system which makes it possible to autonomously operate the utility vehicle in a restricted area. The system comprises a vehicle interface, a safety module and a control module. The vehicle interface is configured to make it possible for the driver to request the transfer of the utility vehicle. The safety module is configured to establish a safe state of the utility vehicle. The control module is configured to transfer the vehicle between the driver and the management system if the driver has requested the transfer and the safety module has established the safe state.” Para [0017] “The control module can optionally also be configured to determine a presence of the driver in the driver's cab of the utility vehicle (for example using special sensors or by a query via the vehicle interface). The system can then transfer the utility vehicle from the management system to the driver when the driver is physically present in the driver's cab. In particular, a transfer does not need to be carried out if the driver is not in the driver's cab.” Para [0019] “In addition, the present invention also relates to the management system mentioned which comprises at least the following features: a communication interface and a control unit. The communication interface is configured to establish a connection to the system described above such that the utility vehicle can be accepted from the driver or transferred to the driver. The control unit is configured to autonomously operate the utility vehicle in a restricted area.” } It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kang in view of Zhao to incorporate the teachings of Nemeth to check a precondition before transfer control because it ensures safety as discussed in para [0003] of Nemeth “In order to ensure safety in the autonomous mode and to also enable continuous operation, the responsibilities should always be clearly controlled and a well-defined transfer and acceptance process between the human driver and the system (that is to say the machine) or another person assuming control of the vehicle is important.” Allowable Subject Matter Claim 3-4 and 13-14 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: OH (US 20210197801 A1) teaches in the abstract “A system, method, infrastructure, and vehicle for automated valet parking are provided. The method includes initiating an automated valet parking procedure for a vehicle, providing the vehicle with a target position and a first guide route leading to the target position, detecting an unexpected incident based on situation information, and providing the vehicle with a second guide route to deal with the unexpected incident.”. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MATTA whose telephone number is (571)272-4296. The examiner can normally be reached Mon - Fri 10:00-6:00. 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, James Lee can be reached at (571) 270-5965. 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. /A.G.M./Examiner, Art Unit 3668 /JAMES J LEE/Supervisory Patent Examiner, Art Unit 3668
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Prosecution Timeline

Aug 22, 2024
Application Filed
Mar 31, 2026
Non-Final Rejection — §103 (current)

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