CTFR 18/843,675 CTFR 87242 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 12 is objected to because of the following informalities: “a relative frequency of use by one or more vehicles of the determined first parking type and a relative frequency of use by one or more vehicles of the determined second parking type”. It is suggested to amend the limitation to “a relative frequency of use by one or more vehicles of the determined first parking type and a relative frequency of use by the one or more vehicles of the determined second parking type” . Appropriate correction is required. 07-29-01 AIA Claim 16 is objected to because of the following informalities: “the the operating input” . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. The following is a quotation of 35 U.S.C. 112(b): 07-34-01 Claims 12-18 and 20-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 12, the limitation “a relative frequency of use by one or more vehicles of the determined first parking type and a relative frequency of use by one or more vehicles of the determined second parking type” renders the claim indefinite. First, it is unclear whether “the vehicle” is one of “one or more vehicles”; Second, “the determined first parking type” or “the determined second parking type” is a type of a parking spot (not a physical parking space) (see claim 14, first parking type could be a parking direction); and, the “one or more vehicles” in the claim is merely any vehicle in the world. It is unclear how one skilled in the art would able to determine “frequency of use” of a type of a parking (not a particular parking space, or a parking type within a certain defined area) by any vehicle in the world; Third, it is unclear whether “the determined first parking type” or “the determined second parking type” is a parking space, and whether the navigation target is the first parking type or the second parking type; thus, it is unclear how frequency of use of a type of a parking by any vehicle relate to parking of the claimed vehicle; Fourth, support from the disclosure (e.g. p. 8: lines 1-13 as indicated by applicant in the filed response) states: “… the method 100 can determine 106 a first parking type depending on the current navigation target of the vehicle. If the current navigation target is a multi-story car park or a parking space, the method can derive the first parking type directly from the current navigation target. Additionally or alternatively, the method 100 can determine the first parking type depending on a parking behavior of vehicles of a vehicle fleet in an area around the current navigation target. For example, the parking behavior can comprise a frequency of a parking space along the street and a frequency of a parking space off the street. ” It appears the invention is deriving a parking type from a targeted car park or a parking space (e.g. navigation target of the vehicle), and the disclosure refers the first parking type and the second parking type as parking space along the street or parking space off the street. However, the disclosure does not clearly explain how the first/second parking type for the navigation target is determined by parking behavior of a vehicle fleet (i.e. claimed one or more vehicles), where the parking behavior comprise “a frequency of a parking space along the street and a frequency of a parking space off the street”, and the disclosure does not clearly define the meaning of “a frequency of a parking space along the street and a frequency of a parking space off the street”. Does it mean “a first targeted parking” would be “on the street” parking if the vehicle fleet parked on the street more frequent? Or, is it the other way around, where “a first targeted parking” would be “on the street” parking if the vehicle fleet parked on the street more frequent? Regarding claim 13, the limitation “providing the recommendation…depending on the first parking type” renders the claim indefinite because it is inconsistent with the amended limitation recited in claim 12. Regarding claims 22-27, it is unclear how the “vehicles of a vehicle fleet” relate to “one or more vehicles” as recited in claim 12”. Regarding claims 23 and 26, the limitation “a street” render the claims indefinite because it is unclear whether the limitation is referring to “area” as recited in claims 22 and 25. In addition, claims 14-18, 20-21 and 28-30 are indefinite because they either directly or indirectly depend on claim 12. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 12-18 and 20-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 2018/0373249 A1) in view of Higuchi et al. (US 2023/0005368 A1) . Regarding claims 12 and 28-30, Choi discloses i) a method for operating a driver assistance system for supporting a driver of a vehicle in parking the vehicle (e.g. Abstract), ii) a non-transitory computer-readable medium for operating a driver assistance system for supporting a driver of a vehicle in parking the vehicle, wherein the computer-readable medium comprises instructions which, when carried out on a computer or control device, carry out the method (e.g. [0134]), iii) a system (e.g. [0102]) for operating a driver assistance system for supporting a driver of a vehicle in parking the vehicle, and iv) a vehicle (e.g. [0102]) comprising the system for operating the driver assistance system for supporting the driver of the vehicle in parking the vehicle, wherein the system is designed to carry out the method, the method comprising: receiving a plurality of parking assistance functions of the vehicle (e.g. Fig. 6 & [0118, 0120, 0121]: different parking facilities); receiving a current navigation target of the vehicle (e.g. Fig. 7 & [0122, 0123]); determining a first parking type depending on the current navigation target of the vehicle (e.g. Fig. 8 & [0126]: determine parking spaces in a parking lot based on destination inputted by user via an navigation apparatus); and providing a recommendation message for the execution of a parking assistance function from the plurality of parking assistance functions to the driver of the vehicle depending on the first parking type (e.g. Figs. 9A-9B: [0129-0131]: provide parking spaces suggestion to user). Choi fails to disclose, but Higuchi teaches: determining a first parking type and a second parking type (e.g. [0023, 0029]: plurality of parking candidates including handicapped parking, compact car parking, corner lot, parking with covering, etc.) depending on the current navigation target of the vehicle (e.g. [0023]: destination) determining a relative frequency of use by one or more vehicles of the determined first parking type and a relative frequency of use by one or more vehicles of the determined second parking type (e.g. [0029]: attributes of parking candidates including current and recent history of availability, i.e. frequency of use the parking candidates by other vehicles). Thus, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modified the teachings of Choi with the teachings of Higuchi to suggest available parking candidates to user that are most suitable to the user. In addition, Choi discloses providing a recommendation message for the execution of a parking assistance function from the plurality of parking assistance functions to the driver based on the suggested parking (e.g. Figs. 9A-9B: [0129-0131]: provide parking spaces suggestion to user), and Higuchi teaches suggested parking could be based on determined relative frequencies (e.g. [0023, 0029]). Therefore, Choi and Higuchi in combination discloses the claimed invention. Regarding claim 13, Choi discloses using a control device (e.g. Fig. 5 & [0102]) to perform determining the first parking type depending on the current navigation target of the vehicle (e.g. Fig. 8 & [0126]: determine parking spaces in a parking lot based on destination inputted by user via an navigation apparatus), and providing the recommendation for the execution of the parking assistance function (e.g. [0130]: user select a parking area to perform autonomous parking) from the plurality of parking assistance function to the driver of the vehicle depending on the first parking type (e.g. Figs. 9A-9B: [0129-0131]: provide parking spaces suggestion to user). Regarding claim 14, Choi discloses the parking type is representative of at least one of the group consisting of: a parking direction; and a location of a parking space (e.g. Fig. 8: parking spaces in parking lot). Regarding claims 15 and 17, Choi discloses the plurality of parking assistance functions includes at least one of the group consisting of: a parking assistance function for parking in a public multi-story car park; a parking assistance function for parking in a public parking lot; a parking assistance function for parking at a private property; and a parking assistance function for parking along a street (e.g. Fig. 6 & [0121]: different parking facilities). Regarding claim 16, Choi discloses receiving an operating input from the driver to execute the parking assistance function in response to the recommendation message provided (e.g. Figs. 9A-9B & [0129-0130]: provide parking spaces suggestion for user to select); and executing the parking assistance function by the vehicle responsive to receiving the reception of the operating input from the driver to execute the parking assistance function (e.g. [0130]: perform autonomous parking based on user selection). Regarding claim 18, Choi discloses the determination of the first parking type depending on the current navigation target of the vehicle comprises determining a utilization of the first parking type; and wherein the method provides the recommendation message for the execution of a parking assistance function from the plurality of parking assistance functions to a driver of the vehicle depending on the first parking type and the utilization of the first parking type (e.g. Fig. 6 & [0121]: different parking facilities). Regarding claim 20, Choi discloses provision of the recommendation message for the execution of one of the plurality of parking assistance functions is based on providing a suggested parking space (e.g. Figs. 9A-9B: [0129-0131]: provide parking spaces suggestion to user), and Higuchi teaches a parking candidate is suggested based on determined relative frequencies (e.g. [0034]: suggest a parking space based on likelihood the parking space remains available, likelihood user can find an alternative space in vicinity if the suggested space is taken before user arrives at the space) lies within a predefined frequency interval (e.g. [0034]: likelihood is broadly interpreted as a predefined interval). Therefore, Choi and Higuchi in combination discloses the claimed invention. Regarding claim 21, Choi discloses receiving an operating input from the driver to execute the parking assistance function in response to the recommendation message provided; and executing the parking assistance function by the vehicle responsive to receiving of the operating input from the driver to execute the parking assistance function (e.g. Figs. 9A-9B & [0129-0130]: provide parking spaces suggestion for user to select and perform autonomous parking based on user selection). Regarding claims 22 and 25, Higuchi teaches the first parking type (e.g. Abstract & [0023]: recommend available parking candidate based on current and destination of a vehicle) is determined depending on a parking behavior (e.g. [0029]: recent history of availability) of vehicles of a vehicle fleet (e.g. vehicles parking in/near a targeted parking facility) in an area around the current navigation target. Regarding claims 23 and 26, Higuchi teaches the parking behavior comprises a frequency of use by vehicles of the vehicle fleet of a parking space along a street (e.g. [0029]: attributes of parking candidates including current and recent history of availability, i.e. frequency of use the parking candidates by other vehicles; [0020]:“parking space along a street” is broadly interpreted as parking on a street that is proximity to EV charging station, corner, entrance, or return station, etc.) and a frequency of use by vehicles of the vehicle fleet of a parking space (e.g. [0029]: attributes of parking candidates including current and recent history of availability, i.e. frequency of use the parking candidates by other vehicles) off the street (e.g. [0020]:“parking space off the street” is broadly interpreted as parking space that is not in proximity to EV charging station, corner, entrance, or return station, etc.). Regarding claims 24 and 27, Higuchi teaches whether a parking position comprises the parking space along the street ([0020]: “parking space along a street” is broadly interpreted as parking on a street that is proximity to EV charging station, corner, entrance, or return station, etc.) or comprises the parking space off the street is determined depending on a distance of the parking position from the street (e.g. [0020]: “parking space off the street” is broadly interpreted as parking space that is not in proximity to EV charging station, corner, entrance, or return station, etc.). “Street” is broadly interpreted as where the EV charging station, corner, entrance, or return station is/are located. Response to Arguments Applicant’s arguments with respect to claim(s) 12-18 and 20-30 have been considered but are moot in view of new ground of rejection. Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KAM WAN MA/Examiner, Art Unit 2688 Application/Control Number: 18/843,675 Page 2 Art Unit: 2688 Application/Control Number: 18/843,675 Page 3 Art Unit: 2688 Application/Control Number: 18/843,675 Page 4 Art Unit: 2688 Application/Control Number: 18/843,675 Page 5 Art Unit: 2688 Application/Control Number: 18/843,675 Page 6 Art Unit: 2688 Application/Control Number: 18/843,675 Page 7 Art Unit: 2688 Application/Control Number: 18/843,675 Page 8 Art Unit: 2688 Application/Control Number: 18/843,675 Page 9 Art Unit: 2688 Application/Control Number: 18/843,675 Page 10 Art Unit: 2688 Application/Control Number: 18/843,675 Page 11 Art Unit: 2688
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