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 Interpretation
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 limitation(s) uses 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 limitation(s) is/are: “feed-forward steering angle determination unit,” “feedback steering angle determination unit,” “target steering angle determination unit” and “correction unit” introduced in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 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 claims 1-7, claim limitations “feed-forward steering angle determination unit,” “feedback steering angle determination unit,” “target steering angle determination unit” and “correction unit” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The units are described as components of steering control device 10 [see specification paragraph 0025]. However, the specification fails to provide a corresponding structure of the units and states that they are merely functional blocks [see specification paragraph 0025]. As shown in Figure 1, each of the units is depicted as a text-containing box without a corresponding structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
For the purposes of examination, the “feed-forward steering angle determination unit,” “feedback steering angle determination unit,” “target steering angle determination unit” and “correction unit” are being interpreted as being performed by the steering control device, described in paragraph 0024 of the specification as a single or plurality of electronic control units.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asanuma (US Patent Number 5,576,957).
Regarding claim 1, Asanuma discloses a steering control device that is mounted on a vehicle having a yaw rate sensor (19) that detects a yaw rate and a steering angle sensor (16) that detects a steering angle, and performs steering control of the vehicle such that the yaw rate of the vehicle becomes a target yaw rate (Col. 2, lines 19-25), the steering control device comprising:
a feed-forward steering angle determination unit configured to determine a feed-forward steering angle corresponding to the target yaw rate (Col. 5, lines 9-15);
a feedback steering angle determination unit configured to determine a feedback steering angle based on the yaw rate detected by the yaw rate sensor and the steering angle detected by the steering angle sensor (Col. 5, lines 16-24 & lines 42-50);
a target steering angle determination unit configured to determine a target steering angle of the vehicle based on the feed-forward steering angle and the feedback steering angle (Col. 5, lines 51-57); and
a correction unit configured to perform feedback steering angle fixing control for correcting the feedback steering angle output to the target steering angle determination unit to a fixed value when the yaw rate detected by the yaw rate sensor exceeds a target yaw rate range including the target yaw rate and the steering angle detected by the steering angle sensor periodically moves (Col. 6, lines 20-38, when the yaw rate deviation is greater than the first threshold level for a period of time, which occurs when the yaw rate γ detected by the yaw rate sensor exceeds the target yaw rate by an amount equal to the first threshold value, the yaw rate feedback control is canceled; Col. 7, lines 4-7 & lines 49-53; Col. 9, lines 61-66, when the yaw rate feedback control is canceled, the feedback steering angle output is fixed to zero for a prescribed length of time; as shown in Figure 6, the process is performed while the target yaw rate and the detected steering angle are changing, since changes in the detected steering angle change the target yaw rate which changes the yaw rate deviation).
Regarding claim 7, Asanuma further discloses wherein the steering control device releases the feedback steering angle fixing control when a set time elapses after the feedback steering angle fixing control is performed (Col. 7 lines 49-64).
Claim Rejections - 35 USC § 103
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asanuma (US Patent Number 5,576,957) in view of Akita (US Patent Application Publication 2006/0030987).
Regarding claims 2-3, Asanuma discloses the device of claim 1 as discussed above, wherein Asanuma further discloses setting the target yaw rate on the basis of a vehicle speed (Col. 4, line 60-Col. 5, line 5). Asanuma does not disclose wherein the feed-forward steering angle determination unit sets the target yaw rate based on a curvature of a lane on which the vehicle is traveling and a vehicle speed of the vehicle such that the vehicle does not deviate from the lane.
Akita discloses a lane keeping assist device for a vehicle (Title) that sets a target yaw rate based on a curvature of a lane on which a vehicle is traveling and a vehicle speed of the vehicle such that the vehicle does not deviate from the lane [0051-0052].
Akita teaches that it is known in the art to use a lane keeping assist device to automatically control steering of a vehicle in order to maintain the vehicle within a lane of travel [0003]. Akita teaches that lane markings may be either straight or curved [0008]. Akita also teaches that a road model that specifies the position of the vehicle in the lane of travel may be determined using the vehicle speed, yaw rate and lane curvature [0037-0038].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the processing by the lane keeping assist device disclosed by Akita with the feed-forward steering angle determination unit disclosed by Asanuma to predictably specify the position of the vehicle in a curved lane of travel using a known model that maintains the vehicle within the lane without driver intervention.
Allowable Subject Matter
Claims 4-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to JOSHUA CAMPBELL whose telephone number is (571) 272-8215. The examiner
can normally be reached on Monday - Friday 9:00 AM – 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
Lindsay M. Low can be reached on (571) 272-1196. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application
Information Retrieval (PAIR) system. Status information for published applications may be obtained
from either Private PAIR or Public PAIR. Status information for unpublished applications is available
through Private PAIR only. For more information about the PAIR system, see http://pair-
direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
CANADA) or 571-272-1000.
/JOSHUA CAMPBELL/
Examiner, Art Unit 3747
/LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747