DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 9-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The amendment contains “the vehicle information on an attribute defining the own vehicle”. There is no where in the specification that disclosed “an attribute defining the own vehicle”. The specification only disclosed “vehicle information on an attribute of the own vehicle”; see Paragraph [0006, 0020, 0023, 0074, 0084, 0096, 0097, 0100].
Claims 2-8 are also rejected for incorporating the above deficiency by dependency.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 9-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Iwaki (US 12,208,816).
Regarding claim 1: Iwaki discloses a driver assistance system with information providing apparatus (display, 30) comprising an electronic control unit configured to notify an operator of an own vehicle of an applied traffic regulation which is a traffic regulation to be applied to the own vehicle, wherein the electronic control unit is configured to: acquire an image-recognized traffic regulation by an image recognition of recognizing a captured image of a view ahead of the own vehicle (image of the speed limit sign capture by the camera, C), the image-recognized traffic regulation (speed limit sign) being the traffic regulation which is displayed in a road sign captured in the captured image and is to be applied to vehicles travelling in a traffic lane where the own vehicle is travelling; acquire positional information on a current position of the own vehicle (position where the vehicle is traveling; col. 4, lines 1-4); acquire the applied traffic regulation based on (i) the positional information (position at which the vehicle is traveling from the map information; col. 4, lines 25-58), (ii) the image-recognized traffic regulation (image captured and recognized by the camera, C), and (iii) vehicle information on an attribute defining the own vehicle (vehicle making a right turn or a left turn; the vehicle traveling a certain distance from the start of the first section and recognizing a traffic sign that indicates the end of the first section; col. 2, lines 37-44); and notify the operator of the own vehicle of the acquired applied traffic regulation (col. 3, line 65-col. 4, line 65; col. 8, lines 4-64).
Regarding claim 2: Iwaki discloses the electronic control unit is configured not to notify the operator of the applied traffic regulation when the road sign acquired from the captured image by the image recognition does not target the own vehicle even when the electronic control unit acquires the applied traffic regulation based on the image-recognized traffic regulation acquired from the road sign (col. 10, lines 47-54; col. 10, line 63-col. 11, line 5).
Regarding claim 3: Iwaki discloses the electronic control unit includes at least one converting device which converts the image-recognized traffic regulation to the applied traffic regulation based on (i) the vehicle information and (ii) the positional information, and wherein the electronic control unit is configured to acquire the applied traffic regulation by converting the image-recognized traffic regulation by the at least one converting device based on (i) the vehicle information (vehicle state information; col. 8, lines 26-31) and (ii) the positional information (vehicle position information, 230, col. 8, lines 32-39) (converting the recognized speed limit sign captured by the camera and display the speed limit sign on the display, 30) (col. 8, lines 4-53).
Regarding claim 4: Iwaki discloses the electronic control unit is configured to change the converting device from a first converting device (when the vehicle recognizes the first speed limit sign, So, Fig. 1) to a second converting device when the own vehicle moves from a first area into a second area (temporary speed limit, recognize at S1) different from the first area, wherein the first converting device is the converting device which converts the image-recognized traffic regulation to the applied traffic regulation for the first area, and wherein the second converting device is the converting device which converts the image-recognized traffic regulation to the applied traffic regulation for the second area (Figs. 1, 4).
Regarding claim 9: Iwaki discloses the electronic control unit stores maps which are prepared for every attribute of a vehicle and are used to acquire, as the applied traffic regulation, the traffic regulation to be applied to a target vehicle based on (i) the traffic regulation displayed in the road sign and (ii) a current position of the target vehicle, and wherein the electronic control unit is configured to: select, from the stored maps, the map dedicated to the attribute defining the own vehicle (vehicle making a right turn or a left turn; the vehicle traveling a certain distance from the start of the first section and recognizing a traffic sign that indicates the end of the first section; col. 2, lines 37-44); and acquire the applied traffic regulation by applying (i) the image-recognized traffic regulation and (ii) the positional information on the own vehicle to the selected map (col. 4, lines 1-65).
Regarding claim 10: Iwaki discloses the electronic control unit stores maps which are prepared for every combination of (i) an attribute of a vehicle and (ii) a current position of a vehicle and are used to acquire, as the applied traffic regulation, the traffic regulation to be applied to a target vehicle based on (i) the traffic regulation displayed in the road sign and (ii) a current position of the target vehicle, and wherein the electronic control unit is configured to: select, from the stored maps, the map dedicated to a combination of (i) the attribute defining the own vehicle (vehicle making a right turn or a left turn; the vehicle traveling a certain distance from the start of the first section and recognizing a traffic sign that indicates the end of the first section; col. 2, lines 37-44) and (ii) the current position of the own vehicle; and acquire the applied traffic regulation by applying (i) the image-recognized traffic regulation and (ii) the current position of the own vehicle to the selected map (col. 4, lines 1-65; col. 6, lines 27-52; col. 8, lines 5-53).
Regarding claims 11 and 12: See claim 1 above.
Regarding claim 13: Iwaki discloses the attribute defining the own vehicle is an attribute inherently associated with the own vehicle. Thus, a vehicle making a right turn or a left turn; the vehicle traveling a certain distance from the start of the first section and recognizing a traffic sign that indicates the end of the first section; (col. 2, lines 37-44); is an attribute that defines the own vehicle. Also, the speed of the vehicle (col. 8, lines 41-64) is indicative of the attribute that defines the own vehicle.
Allowable Subject Matter
Claims 5-8 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.
Response to Arguments
Applicant's arguments filed 1/29/26 have been fully considered but they are not persuasive. The amendment which disclosed “an attribute defining the own vehicle” is nowhere taught in the specification. The specification only disclosed “vehicle information on an attribute of the own vehicle”; see Paragraph [0006, 0020, 0023, 0074, 0084, 0096, 0097, 0100].
Iwaki discloses the attribute defining the own vehicle is an attribute inherently associated with the own vehicle. Thus, a vehicle making a right turn or a left turn; the vehicle traveling a certain distance from the start of the first section and recognizing a traffic sign that indicates the end of the first section; (col. 2, lines 37-44); is an attribute that defines the own vehicle. Also, the speed of the vehicle (col. 8, lines 41-64) is indicative of the attribute that defines the own vehicle.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN NGOC PHAM whose telephone number is (571)272-2967. The examiner can normally be reached M - F (7 AM - 3:30 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOAN N PHAM/Primary Examiner, Art Unit 2685 4/23/26