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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-5, 7-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Krekel et al. (United States Patent Application Publication No. US 2020/0086851 A1) [hereinafter “Krekel”] in view of Baruco et al. (United States Patent Application Publication No. US 2023/0373437 A1) [hereinafter “Baruco”].
Regarding claim 1, Krekel teaches a method of controlling an autonomous vehicle (vehicle 100; see [0017]) comprising a processor (processor 110), the method comprising:
under control of the processor and in response to a signal being received through a communication module, activating a driver parking assist function (see [0015]-[0016], [0026], [0031]-[0034], and block 404);
under control of the processor and in response to the driver parking assist function being activated, detecting a surrounding situation of the autonomous vehicle using a sensor and determining whether a load space at the autonomous vehicle is accessible (see [0015]-[0016], [0021]-[0023], and [0034]-[0043]); and
under control of the processor, moving the autonomous vehicle if the load space is inaccessible (see [0034]-[0043] and block 410).
Krekel does not expressly teach that the signal received through a communication module is an approach signal. While Krekel teaches that “upon entering a communication range with the vehicle, the user (e.g. driver) may select one or more vehicle doors via a user interface of the remote computing device” ([0015]) and that the processor may automatically detect a user profile and selected door based on a specific user device being detected (see [0031]-[0032]), these may not explicitly define an “approach signal.”
Baruco also generally teaches a user detection system and method for a motor vehicle to allow the user access to controlling a vehicle function (see Abstract and [0002]). Baruco teaches a vehicle sensor detects the approach of the user’s mobile phone 231 to remotely wake up the in-vehicle system (see at least [0086]-[0103]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention taught by Krekel to wake up the system from a low power state and activate the driver parking assist function in response to receiving a wake-up approach signal from a user’s mobile device in the manner taught by Baruco, as Baruco teaches this saves time and effort on the part of the user, which supports the goal of Krekel to “minimize their time outside a vehicle upon returning to it in a parked position” (see [0004] of Krekel).
Regarding claim 2, the combination of Krekel and Baruco further teaches the activating of the driver parking assist function comprises: in response to the approach signal being received, activating the processor being in a low-power state or a sleep state (see [0086]-[0103] of Baruco and the rejection of claim 1 above); and activating by the processor the driver parking assist function after the activating of the processor (see [0015]-[0016], [0026], and [0031]-[0034] of Krekel and the rejection of claim 1 above).
Regarding claim 3, the combination of Krekel and Baruco further teaches under the control of the processor and after the driver parking assist function is activated, detecting the surrounding situation of the autonomous vehicle and generating sensor information, using the sensor (see [0015]-[0016], [0021]-[0023], and [0034]-[0043] of Krekel; see also block 412 of Krekel); under the control of the processor, determining whether there are one or more vehicles parked on left and right sides of the autonomous vehicle relative to the autonomous vehicle, by analyzing the sensor information (see [0015]-[0016], [0021]-[0023], and [0034]-[0043] of Krekel; see also Figures 1A-1C of Krekel); and under the control of the processor and in response to there being no vehicle parked on the left and right sides of the autonomous vehicle, not providing feedback to a user or not controlling a departure of the autonomous vehicle (see [0039]-[0041] of Krekel).
Regarding claim 4, the combination of Krekel and Baruco further teaches under the control of the processor and in response to there being one or more vehicles parked on the left and right sides of the autonomous vehicle, determining whether the autonomous vehicle is accessible at a space behind the autonomous vehicle (see [0018], [0026], and [0039]-[0041] of Krekel); and under the control of the processor and in response to the autonomous vehicle being accessible at the space behind the autonomous vehicle, not providing feedback to the user or not controlling the departure of the autonomous vehicle (see [0018], [0026], and [0039]-[0041] of Krekel).
Regarding claim 5, the combination of Krekel and Baruco further teaches under the control of the processor and in response to the autonomous vehicle being inaccessible at the space behind the autonomous vehicle, controlling the departure of the autonomous vehicle (see [0018], [0026], and [0039]-[0041] of Krekel; see also blocks 410-412 of Krekel).
Regarding claim 7, the combination of Krekel and Baruco further teaches under the control of the processor and in response to a wireless connection between the communication module of the autonomous vehicle and a smart device owned by the user, determining that the user is within a detection range and controlling the departure of the autonomous vehicle (see [0015]-[0016] of Krekel, [0086]-[0103] of Baruco, and the rejection of claim 1 above).
Regarding claim 8, the combination of Krekel and Baruco further teaches under the control of the processor, controlling a departure method for the autonomous vehicle differently based on a smart depart function installed on the autonomous vehicle (see [0032]-[0036] of Krekel).
Regarding claim 9, the combination of Krekel and Baruco further teaches under the control of the processor, generating sensor information by detecting the surrounding situation of the autonomous vehicle using the sensor (see [0016] and [0022]-[0023] of Krekel); and under the control of the processor, predicting a current location of a user, a distance between the user and the autonomous vehicle, and an estimated arrival time at which the user arrives at the autonomous vehicle by analyzing the sensor information and the approach signal (see [0016] and [0022]-[0023] of Krekel, [0086]-[0103] of Baruco, and the rejection of claim 1 above).
Regarding claim 10, the combination of Krekel and Baruco, as applied to claim 1 above, teaches a non-transitory computer-readable recording medium storing a program for executing a method of controlling an autonomous vehicle (see [0055]), the method comprising:
in response to an approach signal being received through a communication module, activating a driver parking assist function (see [0015]-[0016], [0026], [0031]-[0034], and block 404 of Krekel, [0086]-[0103] of Baruco, and the rejection of claim 1 above);
in response to the driver parking assist function being activated, detecting a surrounding situation of the autonomous vehicle using a sensor and determining whether a load space at the autonomous vehicle is accessible (see [0015]-[0016], [0021]-[0023], and [0034]-[0043] of Krekel); and
moving the autonomous vehicle if the load space is inaccessible (see [0034]-[0043] and block 410 of Krekel).
Regarding claim 11, the combination of Krekel and Baruco, as applied to claim 1 above, teaches an autonomous vehicle (see [0017] of Krekel) comprising:
a communication module (communication system 106 of Krekel);
a sensor (sensors 104 of Krekel);
one or more processors (processor 110 of Krekel); and
a storage medium storing computer-readable instructions (memory 312 of Krekel) that, when executed by the one or more processors, enable the one or more processors to:
in response to an approach signal being received through a communication module, activate a driver parking assist function (see [0015]-[0016], [0026], [0031]-[0034], and block 404 of Krekel, [0086]-[0103] of Baruco, and the rejection of claim 1 above);
in response to the driver parking assist function being activated, detect a surrounding situation of the autonomous vehicle using the sensor and determine whether a load space at the autonomous vehicle is accessible (see [0015]-[0016], [0021]-[0023], and [0034]-[0043] of Krekel); and
move the autonomous vehicle if the load space is inaccessible (see [0034]-[0043] and block 410 of Krekel).
Regarding claim 12, the combination of Krekel and Baruco further teaches a wakeup system configured to activate the one or more processors being in a low-power state or a sleep state, in response to the approach signal being received by the communication module (see [0086]-[0103] of Baruco and the rejection of claim 1 above); and wherein the instructions further enable the one or more processors to activate the driver parking assist function after the activating of the one or more processors (see [0015]-[0016], [0026], and [0031]-[0034] of Krekel and the rejection of claim 1 above).
Regarding claim 13, the combination of Krekel and Baruco further teaches after the driver parking assist function is activated, detect the surrounding situation of the autonomous vehicle and generating sensor information using sensor signal from the sensor(see [0015]-[0016], [0021]-[0023], and [0034]-[0043] of Krekel; see also block 412 of Krekel); determine whether there are one or more vehicles parked on left and right sides of the autonomous vehicle relative to the autonomous vehicle, by analyzing the sensor information (see [0015]-[0016], [0021]-[0023], and [0034]-[0043] of Krekel; see also Figures 1A-1C of Krekel); and in response to there being no vehicle parked on the left and right sides of the autonomous vehicle, not provide feedback to a user or not control a departure of the autonomous vehicle (see [0039]-[0041] of Krekel).
Regarding claim 14, the combination of Krekel and Baruco further teaches the instructions further enable the one or more processors to: in response to there being one or more vehicles parked on the left and right sides of the autonomous vehicle, determine whether a space behind the autonomous vehicle is accessible (see [0018], [0026], and [0039]-[0041] of Krekel); and in response to the space behind the autonomous vehicle being accessible, not provide feedback to the user or not control the departure of the vehicle (see [0018], [0026], and [0039]-[0041] of Krekel).
Regarding claim 15, the combination of Krekel and Baruco further teaches the instructions further enable the one or more processors to, in response to the space behind the autonomous vehicle being inaccessible, control the departure of the autonomous vehicle (see [0018], [0026], and [0039]-[0041] of Krekel; see also blocks 410-412 of Krekel).
Regarding claim 17, the combination of Krekel and Baruco further teaches the instructions further enable the one or more processors to, in response to a wireless connection between the communication module of the autonomous vehicle and a smart device owned by the user, determine that the user is within a detection range and control the departure of the autonomous vehicle (see [0015]-[0016] of Krekel, [0086]-[0103] of Baruco, and the rejection of claim 1 above).
Regarding claim 18, the combination of Krekel and Baruco further teaches the instructions further enable the one or more processors to control a departure method for the autonomous vehicle differently based on a smart depart function installed on the autonomous vehicle (see [0032]-[0036] of Krekel).
Regarding claim 19, the combination of Krekel and Baruco further teaches the instructions further enable the one or more processors to: generate sensor information by detecting the surrounding situation of the autonomous vehicle using sensor signals from the sensor (see [0016] and [0022]-[0023] of Krekel); and predict a current location of a user, a distance between the user and the autonomous vehicle, and an estimated arrival time at which the user arrives at the autonomous vehicle by analyzing the sensor information and the approach signal (see [0016] and [0022]-[0023] of Krekel, [0086]-[0103] of Baruco, and the rejection of claim 1 above).
Regarding claim 20, the combination of Krekel and Baruco further teaches the instructions further enable the one or more processors to provide feedback, regarding whether the load space at the autonomous vehicle is accessible, to a user with a communication signal sent wirelessly via the communication module (see [0044] and [0051] of Krekel).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Krekel and Baruco, as applied to claim 1 above, and further in view of Shin et al. (United States Patent Application Publication No. US 2018/0056938 A1) [hereinafter “Shin”].
Regarding claim 6, the combination of Krekel and Baruco, as applied to claim 1 above, does not expressly teach under the control of the processor and in response to a door/trunk/tailgate unlock signal not being received from a digital key or a smart key for a first period of time, controlling the departure of the autonomous vehicle after the first period of time elapses.
Shin generally also teaches a method of controlling a standby operation in a driver assistance system in a vehicle (see Abstract). Shin teaches that general driver convenience features are activated after a preset standby time from when a smart device is detected within an approach range of the vehicle (see at least [0003]).
As such, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by the combination of Krekel and Baruco such that the processor, in response to a door/trunk/tailgate unlock signal not being received from a digital key or a smart key for a first period of time, controls the departure of the autonomous vehicle after the first period of time elapses, in view of Shin, as Shin teaches waiting a preset period of time after a smart device is detected in range of a vehicle before activating an assist function is a standard procedure. Additionally, one of ordinary skill in the art would appreciate doing so would prevent the park assist function from being activated unnecessarily when the user instead wishes to simply unlock the door or open the trunk.
Regarding claim 16, the combination of Krekel and Baruco, as applied to claim 6 above, teaches the instructions further enable the one or more processors to, in response to a door/trunk/tailgate unlock signal not being received from a digital key or a smart key for a first period of time, control the departure of the autonomous vehicle after the first period of time elapses (see the rejection of claim 6 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Noguchi et al. (US 2025/0206260 A1) generally teaches:
A control device for a moving object that includes a plurality of opening and closing bodies includes: a control unit configured to perform movement control of the moving object based on a specific operation on an information terminal portable by a user of the moving object. In response to an opening and closing reservation of a specific opening and closing body other than an opening and closing body of a driver seat of the moving object among the plurality of opening and closing bodies being received during execution of the movement control, the control unit sets a target movement position of the movement control based on a positional relationship between the specific opening and closing body and the information terminal.
Kent et al. (US 2023/0073436 A1) generally teaches:
Systems and methods are provided for controlling power modes of a vehicle and for providing passive entry to the vehicle. Responsive to a determination that a device is within a first distance from the vehicle, a wake-up action of the vehicle is initiated. The wake-up action includes a central controller transitioning one or more electronic control units (ECUs) or at least one program module from a first state to a second state. Responsive to a determination that the device is within a second distance from the vehicle, a welcome action of the vehicle is initiated. The welcome action includes the central controller causing the one or more ECUs or the at least one program module of the vehicle to execute an action associated with the vehicle.
Suzuki et al. (US 2020/0298835 A1) generally teaches:
A parking control method causes a control device of a vehicle to execute a first control instruction for moving the vehicle along a first route to a target parking space, on the basis of an operation command acquired from an operator located outside the vehicle. This method includes, when execution of the first control instruction is suspended or canceled, calculating a second route for the vehicle to leave with a predetermined distance or more from an object detected around the vehicle and causing the control device to execute a second control instruction for moving the vehicle along the second route.
Mayer et al. (US 2018/0029642 A1) generally teaches:
A method for providing an access option to a vehicle interior of a vehicle parked at a parking position, including receiving an access request for an access to the vehicle interior via a communication network, in response to the received access request, ascertaining unparking data, based on which the vehicle may at least partially leave its parking position, to provide an access option to the vehicle interior by opening a vehicle window and/or a vehicle door, transmitting the ascertained unparking data to the vehicle via the communication network, —receiving a signal via the communication network that the access option is no longer needed, in response to the signal, ascertaining parking data, based on which the vehicle may drive back into its parking position, and transmitting the ascertained parking data to the vehicle via the communication network.
Beauvais (US 2017/0197636 A1) generally teaches:
Various embodiments of the present disclosure provide a system and method for activating a vehicle feature through gesture recognition and voice command by an authorized user. Generally, a vehicle control system of the present disclosure obtains gesture commands and voice commands from an authorized user and communicates with a body control module to complete the vehicle feature. More specifically, in certain embodiments, a processor of the vehicle control system is configured to initiate a feature activation mode of a vehicle control system, authenticate an authorized user, receive a gesture command and a voice command, determine a vehicle feature associated with the received gesture command and voice command, and activate the determined feature in response to the recognized gesture command and voice command.
Schwitters et al. (US 2015/0045991 A1) generally teaches:
A method to control an automatic driving process of a vehicle is provided. An authentication information is received via a first radio interface in the vehicle and a control information is received for the automatic driving process via a second radio interface different from the first radio interface in the vehicle. The automatic driving process is controlled as a function of the authentication information and the control information.
Okamura et al. (US 2014/0244073 A1) generally teaches:
In a vehicle including an automatic steering means enabling the vehicle to move automatically by receiving an instruction signal for a remote operation from a transmitter outside of the vehicle, the vehicle enables correspondence to an ambient condition change when parking-out. When an automatic steering unit automatically performs parking-out by receiving an instruction from a transmitter, obstacle conditions around the vehicle (particularly, around a door) obtained by a surrounding object sensor are detected, and it is determined whether a sufficient space is ensured for a passenger's getting on/off through a door to automatically move a vehicle to a place where getting on/off is easy.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHUL SOOD whose telephone number is (571)272-9411. The examiner can normally be reached Monday-Thursday 7-5 ET.
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, Hitesh Patel can be reached at (571) 270-5442. 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.
/ANSHUL SOOD/ Primary Examiner, Art Unit 3667