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 . This office action is in response to an application filed on 08/26/2024. The applicant submits an Information Disclosure Statement dated 08/26/2024. The applicant does not make a claim for Domestic priority. The applicant does make a claim for Foreign priority to an application filed in Japan on 11/09/2023.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: acquisition unit, calculation unit, and correction unit in claims 1 – 6, and 8. The limitations contain the generic placeholder of unit. The limitations contain functional language of acquisition, calculation, and correction. The features are interpreted based upon the specification paragraphs 0018 – 0020. In those paragraphs the features do not identify sufficient structure for the limitations to perform the functions.
Because this/these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 - 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hara US 2022/0001970 in view of Azukawa US 2015/0089427.
1. A berthing assistance device for assisting berthing of a ship to which a propulsion unit is attached, the berthing assistance device comprising:
a controller configured to control the propulsion unit, based on an operation amount from an operation device; (Hara paragraph 0059 discloses, “The ship-steering control device 1 includes a route controller (route generation device) 2, a control target controller (control target generation device) 4, and a control controller (propulsion control device) 3.”)
an acquisition unit configured to acquire a ship condition, the ship condition including a current ship position and a current bow direction; (Hara paragraph 0060 discloses, “The route controller 2 may generate a route for automatically navigating the ship 95. The route controller 2 includes an environment information input unit 21, a location/orientation information input unit 22, a map generating unit 31, a docking point setting unit 41, a route generating unit 51, a display data generating unit 71, and an interface unit 81.” And paragraph 0066 discloses, “The orientation sensor 13 acquires the orientation of the bow of the ship 95. The orientation sensor 13 may be, for example, a magnetic orientation sensor or a satellite compass.”)
a calculation unit configured to calculate a berthing route from the current ship position to a berthing position; (Hara paragraph 0077 discloses, “The route generating unit 51 calculates the route for the ship 95 from the current location of the ship 95 to the docking point B1 based on an appropriate route search algorithm. This calculation of a route uses both the local map 36 generated by the local map generating unit 32 and the wide area map generated by the wide area map generating unit 33. After the calculation of a route is completed, the route generating unit 51 generates a plurality of waypoints A1, A2, . . . , defining a route 56, as illustrated in FIG. 3. The route generating unit 51 sets the information regarding the target location and the target orientation for each of the waypoints A1, A2, . . . . The target location and the target orientation of the waypoint A1 located at the start point of the route 56 match the location and the orientation of the ship 95 at the time when the generation of the route 56 is instructed. The end point of the route 56 is the docking point B1.”) and
a correction unit configured to correct control of the propulsion unit, based on the ship condition and the berthing route. (Akuzawa paragraph 0103 teaches, “The automatic berthing control unit 110 includes a berthing target position setting/change accepting unit 116 and a route planning unit 117. The berthing target position setting/change accepting unit 116 accepts a berthing target position setting input or a berthing target position changing input that the user performs by operating the touch panel 10A. The set or changed berthing target position information is passed to the route planning unit 117. The berthing target position information may include attitude designation information that designates the attitude of the small vessel 1 at the berthing position. The route planning unit 117 acquires the current position information from the GNSS receiver 72. The route planning unit 117 plans a route from the current position to the berthing target position to generate planned route information. The route planning unit 117 acquires the current position information periodically from the GNSS receiver 72 and renews the planned route each time. The automatic berthing control unit 110 determines a course to navigate the small vessel 1 along the planned route prepared by the route planning unit 117 and generates steering command signals that are in accordance with the course. The automatic berthing control unit 110 provides the output command signals to the engine ECUs 33 of the respective outboard motors 3 so that the small vessel 1 runs at a predetermined low speed. When the berthing target position is approached, the small vessel 1 may have to undergo turning or parallel movement. Such special vessel behavior is achieved by a combination of steering angle control and propulsive force control (control of direction and magnitude) of the outboard motors 3. The automatic berthing control unit 110 measures the distance from a docking object (a pier, etc.) at the berthing target position and the bow direction (heading of the hull 2), calculates the propulsive force and the steering angle necessary for the movement and turning of the vessel 1 based on the measurement result, and generates the output command signals and the steering command signals accordingly. The measurement of the distance from the small vessel 1 to the docking object preferably is performed using the distance measuring unit 73a. Also, the heading of the hull 2 is measured by the compass 73b. The automatic berthing control unit 110 acquires the respective measurement results from the distance measuring unit 73a and the compass 73b to determine the propulsive forces and the steering angles to be output by the outboard motors 3.”)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 2, The berthing assistance device according to claim 1, wherein a plurality of propulsion units are attached to the ship, the ship condition includes a current ship speed, the correction unit is configured to:
obtain a target turning angle, based on a difference between the current bow direction and a target direction of the berthing route; (Hara paragraph 0086 discloses, “The control controller 3 is configured as a Dynamic Positioning system (DPS) that is a known system. DPS is a system that automatically controls a propulsion device against external forces such as tidal current, wave, or wind to automatically hold a ship in a predetermined location. Specifically, the control controller 3 calculates the thrust of the ship 95 necessary to eliminate the difference between the target location output by the control target controller 4 and the current location of the ship 95. Furthermore, the control controller 3 calculates the turning moment of the ship 95 necessary to eliminate the difference between the target orientation output by the control target controller 4 and the current orientation of the ship 95. Then, the control controller 3 gives an instruction to the propulsion device 5 so as to obtain the calculated thrust and turning moment. The control controller 3 repeats the above processing.” And paragraph 0109 discloses, “A first condition is that the deviation (a distance D1 in FIG. 5) between the target location of the transit target point 65 and the current location of the ship 95 is less than a predetermined threshold. A second condition is that the deviation (an angle θ) between the target orientation of the transit target point 65 and the current orientation of the ship 95 is less than a predetermined threshold. A third condition is that a distance D2 between the partial route 56s of interest and the current location of the ship 95 is less than a predetermined threshold.) and
in a case where the current ship speed is equal to or less than a predetermined ship speed and the target turning angle is equal to or less than a predetermined angle, decrease thrust of a propulsion unit among the plurality of propulsion units on an inner side in a turning direction. (Akuzawa paragraph 0103)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 3, The berthing assistance device according to claim 1, wherein a plurality of propulsion units are attached to the ship, the ship condition includes a current ship speed, the correction unit is configured to:
obtain a target turning angle, based on a difference between the current bow direction and a target direction of the berthing route; (Hara paragraph 0086 discloses, “The control controller 3 is configured as a Dynamic Positioning system (DPS) that is a known system. DPS is a system that automatically controls a propulsion device against external forces such as tidal current, wave, or wind to automatically hold a ship in a predetermined location. Specifically, the control controller 3 calculates the thrust of the ship 95 necessary to eliminate the difference between the target location output by the control target controller 4 and the current location of the ship 95. Furthermore, the control controller 3 calculates the turning moment of the ship 95 necessary to eliminate the difference between the target orientation output by the control target controller 4 and the current orientation of the ship 95. Then, the control controller 3 gives an instruction to the propulsion device 5 so as to obtain the calculated thrust and turning moment. The control controller 3 repeats the above processing.” And paragraph 0109 discloses, “A first condition is that the deviation (a distance D1 in FIG. 5) between the target location of the transit target point 65 and the current location of the ship 95 is less than a predetermined threshold. A second condition is that the deviation (an angle θ) between the target orientation of the transit target point 65 and the current orientation of the ship 95 is less than a predetermined threshold. A third condition is that a distance D2 between the partial route 56s of interest and the current location of the ship 95 is less than a predetermined threshold.) and
in a case where the current ship speed is equal to or less than a predetermined ship speed, the target turning angle is larger than a predetermined angle, and a steering direction does not coincide with a target turning direction, decrease thrust of a propulsion unit among the plurality of propulsion units on an inner side in the turning direction. (Akuzawa paragraph 0103)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 4, The berthing assistance device according to claim 1, wherein the ship condition includes a current ship speed, the correction unit is configured to:
obtain a target turning angle, based on a difference between the current bow direction and a target direction of the berthing route, and in a case where the current ship speed is greater than a predetermined ship speed, turn the propulsion unit such that the target turning angle becomes smaller. (Akuzawa paragraph 0103)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 5, The berthing assistance device according to claim 1, wherein a plurality of propulsion units are attached to the ship, the ship condition includes a current ship speed, the correction unit is configured to:
obtain a target turning angle, based on a difference between the current bow direction and a target direction of the berthing route, and in a case where the current ship speed is equal to or less than a predetermined ship speed, the target turning angle is larger than a predetermined angle, and a steering direction coincides with a target turning direction, decrease thrust of a propulsion unit, among the plurality of propulsion units, on an inner side in the turning direction rearward. (Akuzawa paragraph 0103)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 6, The berthing assistance device according to claim 1, wherein the ship condition includes a current ship speed and a required distance to a berthing position, correction processing is performed by the correction unit after switching from a maneuvering mode to a berthing assistance mode, and in a case where the distance to the berthing position is equal to or less than a predetermined distance, the ship is put into forward gear, and the ship speed is greater than a predetermined ship approach speed, the ship is decelerated before switching to the berthing assistance mode. (Akuzawa paragraph 0103)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 7, The berthing assistance device according to claim 1, wherein correction processing is performed by the correction unit after switching from a maneuvering mode to a berthing assistance mode, and in a case where it is detected that the ship arrives at the berthing position, that steering is performed by a predetermined angle or more, that the ship is deviated from the berthing route, or that the propulsion unit is put into neutral gear or reverse gear, the berthing assistance mode is ended. (Akuzawa paragraph 0103)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
As per claim 8, A berthing assistance device for assisting berthing of a ship to which a propulsion unit is attached, the berthing assistance device comprising:
a first controller configured to control the propulsion unit, based on an operation amount from an operation device; (Hara paragraph 0059 discloses, “The ship-steering control device 1 includes a route controller (route generation device) 2, a control target controller (control target generation device) 4, and a control controller (propulsion control device) 3.”)
a second controller configured to:
acquire a ship condition, the ship condition including a current ship position and a current bow direction; (Hara paragraph 0060 discloses, “The route controller 2 may generate a route for automatically navigating the ship 95. The route controller 2 includes an environment information input unit 21, a location/orientation information input unit 22, a map generating unit 31, a docking point setting unit 41, a route generating unit 51, a display data generating unit 71, and an interface unit 81.” And paragraph 0066 discloses, “The orientation sensor 13 acquires the orientation of the bow of the ship 95. The orientation sensor 13 may be, for example, a magnetic orientation sensor or a satellite compass.”)
calculate a berthing route from the current ship position to a berthing position; (Hara paragraph 0077 discloses, “The route generating unit 51 calculates the route for the ship 95 from the current location of the ship 95 to the docking point B1 based on an appropriate route search algorithm. This calculation of a route uses both the local map 36 generated by the local map generating unit 32 and the wide area map generated by the wide area map generating unit 33. After the calculation of a route is completed, the route generating unit 51 generates a plurality of waypoints A1, A2, . . . , defining a route 56, as illustrated in FIG. 3. The route generating unit 51 sets the information regarding the target location and the target orientation for each of the waypoints A1, A2, . . . . The target location and the target orientation of the waypoint A1 located at the start point of the route 56 match the location and the orientation of the ship 95 at the time when the generation of the route 56 is instructed. The end point of the route 56 is the docking point B1.”) and
correct control of the propulsion unit, based on the ship condition and the berthing route. (Akuzawa paragraph 0103 teaches, “The automatic berthing control unit 110 includes a berthing target position setting/change accepting unit 116 and a route planning unit 117. The berthing target position setting/change accepting unit 116 accepts a berthing target position setting input or a berthing target position changing input that the user performs by operating the touch panel 10A. The set or changed berthing target position information is passed to the route planning unit 117. The berthing target position information may include attitude designation information that designates the attitude of the small vessel 1 at the berthing position. The route planning unit 117 acquires the current position information from the GNSS receiver 72. The route planning unit 117 plans a route from the current position to the berthing target position to generate planned route information. The route planning unit 117 acquires the current position information periodically from the GNSS receiver 72 and renews the planned route each time. The automatic berthing control unit 110 determines a course to navigate the small vessel 1 along the planned route prepared by the route planning unit 117 and generates steering command signals that are in accordance with the course. The automatic berthing control unit 110 provides the output command signals to the engine ECUs 33 of the respective outboard motors 3 so that the small vessel 1 runs at a predetermined low speed. When the berthing target position is approached, the small vessel 1 may have to undergo turning or parallel movement. Such special vessel behavior is achieved by a combination of steering angle control and propulsive force control (control of direction and magnitude) of the outboard motors 3. The automatic berthing control unit 110 measures the distance from a docking object (a pier, etc.) at the berthing target position and the bow direction (heading of the hull 2), calculates the propulsive force and the steering angle necessary for the movement and turning of the vessel 1 based on the measurement result, and generates the output command signals and the steering command signals accordingly. The measurement of the distance from the small vessel 1 to the docking object preferably is performed using the distance measuring unit 73a. Also, the heading of the hull 2 is measured by the compass 73b. The automatic berthing control unit 110 acquires the respective measurement results from the distance measuring unit 73a and the compass 73b to determine the propulsive forces and the steering angles to be output by the outboard motors 3.”)
Hara discloses control target generation device and ship steering control device. Hara does not disclose a controller for berthing of a ship. Akuzawa teaches of controlling for berthing of a ship. Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Akuzawa et.al. into the invention of Hawa. Such incorporation is motivated by the need to ensure a ship is berthed safely and in the right location.
Conclusion
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664