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 is a Non-Final Action on the Merits. Claims 1-20 are currently pending and are addressed below.
Election/Restrictions
Applicant’s election without traverse of Species I of Group A and Species II of Group B in the reply filed on June 8th, 2026 in response to the Office Action dated April 9th, 2026 is acknowledged. Accordingly, claims 1-9, 11-14, 16-17, and 19-20 are currently examined below. Claims 10, 15, and 18 have been withdrawn from consideration.
Information Disclosure Statement
The information disclosure statement filed on November 25th, 2024 has been considered and entered.
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:
“a recognizing unit configure to recognize” in at least claim 20
“a detecting unit configured to detect” in at least claim 20
“a first determining unit configured to determine” in at least claim 20
“a second determining unit configured to determine”) in at least claim 20
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.
The specification provides corresponding structure for the claimed limitations in at least paragraph 131 and 337-351.
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 § 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)(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.
Claims 1-6, 11, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuji (US 20210229705 A1) (“Tsuji”).
With respect to claim 1, Tsuji teaches a method of controlling an own vehicle traveling on a road, the method comprising:
recognizing at least one road marking line and at least a closer edge of the road located around the own vehicle, the closer edge of the road being one of edges of the road being closer to the own vehicle than the other of the edges of the road is (See at least Tsuji FIG. 4 and Paragraphs 162-168 “The evacuation control section 130 derives the k-th number of an approximate straight line LPk that is an approximate straight line connecting the k-th number of the observation point P1 with the k−1-th number of the observation point Pk−1 and the k+1-th number of the observation point Pk+1, each of which is next to the observation point Pk. Then, the evacuation control section 130 derives the k-th number of the normal NPk that passes the k-th number of the observation point Pk and is orthogonal to the approximate straight line LPk … The evacuation control section 130 extracts the i-th number of the characteristic point Qi and the i+1-th number of the characteristic point Qi+1, each of which is next to the k-th number of the normal NPk, from the plural characteristic points Q. Next, the evacuation control section 130 calculates the k-th number of an intersection point PQk that is an intersection point of the k-th number of the normal NPk and a straight line connecting the i-th number of the characteristic point Q. and the i+1-th number of the characteristic point Qi+1. Then, the evacuation control section 130 sets a length of a straight line that connects the k-th number of the observation point Pk and the k-th number of the intersection point PQk as the distance from the k-th number of the observation point Pk to the road end 41. In this way, the distance from the k-th number of the observation point Pk to the road end 41 is derived … The evacuation control section 130 extracts the j-th number of the characteristic point Rj and the j+1-th number of the characteristic point Rj+1, each of which is next to the k-th number of the normal NPk, from the plural characteristic points R. Next, the evacuation control section 130 calculates the k-th number of an intersection point PRk that is an intersection point of the k-th number of the normal NPk and a straight line connecting the j-th number of the characteristic point Rj and the j+1-th number of the characteristic point Rj+1. Then, the evacuation control section 130 sets a length of a straight line that connects the k-th number of the observation point Pk and the k-th number of the intersection point PRk as the distance from the k-th number of the observation point Pk to the outer line 42. In this way, the distance from the k-th number of the observation point Pk to the outer line 42 is derived … Next, the evacuation control section 130 sets, as the width of the road shoulder area 40 at the k-th number of the observation point Pk, a distance that is acquired by subtracting the “distance from the k-th number of the observation point Pk to the outer line 42” derived in step ST15 from the “distance from the k-th number of the observation point Pk to the road end 41” derived in step ST14. In this way, the width of the road shoulder area 40 at the k-th number of the observation point Pk is derived.”);
detecting, based on the at least one road marking line and the closer edge of the road, an evacuation space at a location of the road where the own vehicle is parkable in an extending direction of the road (See at least Tsuji FIG. 5 and Paragraph 198 “The evacuation control section 130 sets a search range 50 on the road in the travel map data. The search range 50 is a range where an evacuation place 60, which will be described below, should be searched. For example, the evacuation control section 130 sets the search range 50 in consideration of a travel distance that is required for evacuation preparation of the host vehicle toward the road shoulder area 40.”);
determining whether a detection result of the evacuation space is reliable; and determining whether to perform limp-home control that causes the own vehicle to travel from a current location of the own vehicle to the evacuation space in response to determination of whether the detection result of the evacuation space is reliable (See at least Tsuji FIG. 5 and Paragraphs 213-216 “The evacuation control section 130 searches for a free space 65 from the road in the travel map data. For example, the evacuation control section 130 may search for the free space 65 on the basis of the search rule that is set in advance, or may search for the free space 65 on the basis of the learning model generated by deep learning. Then, the evacuation control section 130 determines whether the evacuation place 60 corresponds to the free space 65. If the evacuation place 60 corresponds to the free space 65, the processing in step ST29 is executed. If not, the processing in step ST26 is executed. For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route.”).
With respect to claim 2, Tsuji teaches that the determining whether to perform limp-home control determines not to perform the limp-home control in response to determination that the detection result of the evacuation space is not reliable, and determines to perform the limp-home control in response to determination that the detection result of the evacuation space is reliable (See at least Tsuji FIG. 5 and Paragraphs 213-216 “The evacuation control section 130 searches for a free space 65 from the road in the travel map data. For example, the evacuation control section 130 may search for the free space 65 on the basis of the search rule that is set in advance, or may search for the free space 65 on the basis of the learning model generated by deep learning. Then, the evacuation control section 130 determines whether the evacuation place 60 corresponds to the free space 65. If the evacuation place 60 corresponds to the free space 65, the processing in step ST29 is executed. If not, the processing in step ST26 is executed. For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route.”).
With respect to claim 3, Tsuji teaches the determining whether a detection result of the evacuation space is reliable comprises determining a level of reliability for the detection result of the evacuation space, the level of reliability being a likelihood of an actual existence of the evacuation space; and the determining whether to perform limp-home control determines whether to perform the limp-home control in accordance with the determined level of reliability (See at least Tsuji FIG. 5 and Paragraphs 213-216 “The evacuation control section 130 searches for a free space 65 from the road in the travel map data. For example, the evacuation control section 130 may search for the free space 65 on the basis of the search rule that is set in advance, or may search for the free space 65 on the basis of the learning model generated by deep learning. Then, the evacuation control section 130 determines whether the evacuation place 60 corresponds to the free space 65. If the evacuation place 60 corresponds to the free space 65, the processing in step ST29 is executed. If not, the processing in step ST26 is executed. For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route.”).
With respect to claim 4, Tsuji teaches that the determining a level of reliability determines the level of reliability in accordance with at least one of: (i) information on the recognized closer edge of the road; (ii) an amount of correction of at least one of a location and a size of the evacuation space if at least one of the location and the size of the evacuation space is corrected; and (iii) a distance of the own vehicle to the evacuation space (See at least Tsuji FIG. 5 and Paragraph 198 “The evacuation control section 130 sets a search range 50 on the road in the travel map data. The search range 50 is a range where an evacuation place 60, which will be described below, should be searched. For example, the evacuation control section 130 sets the search range 50 in consideration of a travel distance that is required for evacuation preparation of the host vehicle toward the road shoulder area 40.” | Paragraphs 213-216 “The evacuation control section 130 searches for a free space 65 from the road in the travel map data. For example, the evacuation control section 130 may search for the free space 65 on the basis of the search rule that is set in advance, or may search for the free space 65 on the basis of the learning model generated by deep learning. Then, the evacuation control section 130 determines whether the evacuation place 60 corresponds to the free space 65. If the evacuation place 60 corresponds to the free space 65, the processing in step ST29 is executed. If not, the processing in step ST26 is executed. For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route.”).
With respect to claim 5, Tsuji teaches the detecting detects, based on the at least one road marking line and the closer edge of the road, at least first and second evacuation spaces as the evacuation space at respective first and second locations of the road in the extending direction of the road; the determining whether a detection result of the evacuation space is reliable determines whether a detection result of the first evacuation space is reliable; and the determining whether to perform limp-home control determines not to perform the limp-home control upon determination that the detection result of the first evacuation space is not reliable, the method further comprising: determining to perform modified limp-home control that causes the own vehicle to travel from the current location of the own vehicle to the second evacuation space upon determination that the detection result of the first evacuation space is not reliable (See at least Tsuji FIGS. 8-9 and Paragraphs 214-219 “For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route … In the case where the elapsed time T from the initiation time point of the evacuation travel control exceeds a time threshold value Tth, the evacuation control section 130 sets the nearest place of the host vehicle as the evacuation place 60. In this way, the evacuation route having the nearest place of the host vehicle as the target location is generated, and the travel of the vehicle is controlled such that the host vehicle heads for the nearest place. For example, as illustrated in FIG. 9, in the case where the other vehicle 16 is stopped in the evacuation place 60 indicated by a two-dot chain line in FIG. 9, the evacuation control section 130 changes the evacuation place 60 from the place indicated by the two-dot chain line in FIG. 9 to a place hatched with diagonal lines from bottom left to top right in FIG. 9. In addition, in the example illustrated in FIG. 9, an area including the crosswalk (an area hatched with diagonal lines from bottom right to top left) is the stopping prohibition zone 45, and the stopping prohibition zone 45 is not selected as the evacuation place 60.”).
With respect to claim 6, Tsuji teaches that the detecting detects the at least first and second evacuation spaces as the evacuation space at the respective first and second locations of the road in the extending direction of the road when determining that an emergency parking zone is located in a traveling course of the own vehicle in the road (See at least Tsuji FIGS. 8-9 and Paragraphs 214-219).
With respect to claim 11, Tsuji teaches determining, after it is determined that the detection result of the evacuation space is not reliable, to continue the limp-home control that causes the own vehicle to travel from the current location of the own vehicle to the evacuation space upon determination that it is difficult1 to detect another evacuation space (See at least Tsuji Paragraph 218 “In the case where the elapsed time T from the initiation time point of the evacuation travel control exceeds a time threshold value Tth, the evacuation control section 130 sets the nearest place of the host vehicle as the evacuation place 60. In this way, the evacuation route having the nearest place of the host vehicle as the target location is generated, and the travel of the vehicle is controlled such that the host vehicle heads for the nearest place.”).
With respect to claim 19, Tsuji teaches a processor program product including a non-transitory storage medium readable by a processor for controlling a vehicle traveling on a road, and control program instructions stored in the non-transitory storage medium, the control program instructions cause the processor to:
recognize at least one road marking line and at least a closer edge of the road located around the own vehicle, the closer edge of the road being one of edges of the road being closer to the own vehicle than the other of the edges of the road is (See at least Tsuji FIG. 4 and Paragraphs 162-168 “The evacuation control section 130 derives the k-th number of an approximate straight line LPk that is an approximate straight line connecting the k-th number of the observation point P1 with the k−1-th number of the observation point Pk−1 and the k+1-th number of the observation point Pk+1, each of which is next to the observation point Pk. Then, the evacuation control section 130 derives the k-th number of the normal NPk that passes the k-th number of the observation point Pk and is orthogonal to the approximate straight line LPk … The evacuation control section 130 extracts the i-th number of the characteristic point Qi and the i+1-th number of the characteristic point Qi+1, each of which is next to the k-th number of the normal NPk, from the plural characteristic points Q. Next, the evacuation control section 130 calculates the k-th number of an intersection point PQk that is an intersection point of the k-th number of the normal NPk and a straight line connecting the i-th number of the characteristic point Q. and the i+1-th number of the characteristic point Qi+1. Then, the evacuation control section 130 sets a length of a straight line that connects the k-th number of the observation point Pk and the k-th number of the intersection point PQk as the distance from the k-th number of the observation point Pk to the road end 41. In this way, the distance from the k-th number of the observation point Pk to the road end 41 is derived … The evacuation control section 130 extracts the j-th number of the characteristic point Rj and the j+1-th number of the characteristic point Rj+1, each of which is next to the k-th number of the normal NPk, from the plural characteristic points R. Next, the evacuation control section 130 calculates the k-th number of an intersection point PRk that is an intersection point of the k-th number of the normal NPk and a straight line connecting the j-th number of the characteristic point Rj and the j+1-th number of the characteristic point Rj+1. Then, the evacuation control section 130 sets a length of a straight line that connects the k-th number of the observation point Pk and the k-th number of the intersection point PRk as the distance from the k-th number of the observation point Pk to the outer line 42. In this way, the distance from the k-th number of the observation point Pk to the outer line 42 is derived … Next, the evacuation control section 130 sets, as the width of the road shoulder area 40 at the k-th number of the observation point Pk, a distance that is acquired by subtracting the “distance from the k-th number of the observation point Pk to the outer line 42” derived in step ST15 from the “distance from the k-th number of the observation point Pk to the road end 41” derived in step ST14. In this way, the width of the road shoulder area 40 at the k-th number of the observation point Pk is derived.”);
detect, based on the at least one road marking line and the closer edge of the road, an evacuation space at a location of the road where the own vehicle is parkable in an extending direction of the road (See at least Tsuji FIG. 5 and Paragraph 198 “The evacuation control section 130 sets a search range 50 on the road in the travel map data. The search range 50 is a range where an evacuation place 60, which will be described below, should be searched. For example, the evacuation control section 130 sets the search range 50 in consideration of a travel distance that is required for evacuation preparation of the host vehicle toward the road shoulder area 40.”);
determine whether a detection result of the evacuation space is reliable; and determine whether to perform limp-home control that causes the own vehicle to travel from a current location of the own vehicle to the evacuation space in response to determination of whether the detection result of the evacuation space is reliable (See at least Tsuji FIG. 5 and Paragraphs 213-216 “The evacuation control section 130 searches for a free space 65 from the road in the travel map data. For example, the evacuation control section 130 may search for the free space 65 on the basis of the search rule that is set in advance, or may search for the free space 65 on the basis of the learning model generated by deep learning. Then, the evacuation control section 130 determines whether the evacuation place 60 corresponds to the free space 65. If the evacuation place 60 corresponds to the free space 65, the processing in step ST29 is executed. If not, the processing in step ST26 is executed. For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route.”).
With respect to claim 20, Tsuji teaches an apparatus for controlling a vehicle traveling on a road, the apparatus comprising:
a recognizing unit configured to recognize at least one road marking line and at least a closer edge of the road located around the own vehicle, the closer edge of the road being one of edges of the road being closer to the own vehicle than the other of the edges of the road is (See at least Tsuji FIG. 4 and Paragraphs 162-168 “The evacuation control section 130 derives the k-th number of an approximate straight line LPk that is an approximate straight line connecting the k-th number of the observation point P1 with the k−1-th number of the observation point Pk−1 and the k+1-th number of the observation point Pk+1, each of which is next to the observation point Pk. Then, the evacuation control section 130 derives the k-th number of the normal NPk that passes the k-th number of the observation point Pk and is orthogonal to the approximate straight line LPk … The evacuation control section 130 extracts the i-th number of the characteristic point Qi and the i+1-th number of the characteristic point Qi+1, each of which is next to the k-th number of the normal NPk, from the plural characteristic points Q. Next, the evacuation control section 130 calculates the k-th number of an intersection point PQk that is an intersection point of the k-th number of the normal NPk and a straight line connecting the i-th number of the characteristic point Q. and the i+1-th number of the characteristic point Qi+1. Then, the evacuation control section 130 sets a length of a straight line that connects the k-th number of the observation point Pk and the k-th number of the intersection point PQk as the distance from the k-th number of the observation point Pk to the road end 41. In this way, the distance from the k-th number of the observation point Pk to the road end 41 is derived … The evacuation control section 130 extracts the j-th number of the characteristic point Rj and the j+1-th number of the characteristic point Rj+1, each of which is next to the k-th number of the normal NPk, from the plural characteristic points R. Next, the evacuation control section 130 calculates the k-th number of an intersection point PRk that is an intersection point of the k-th number of the normal NPk and a straight line connecting the j-th number of the characteristic point Rj and the j+1-th number of the characteristic point Rj+1. Then, the evacuation control section 130 sets a length of a straight line that connects the k-th number of the observation point Pk and the k-th number of the intersection point PRk as the distance from the k-th number of the observation point Pk to the outer line 42. In this way, the distance from the k-th number of the observation point Pk to the outer line 42 is derived … Next, the evacuation control section 130 sets, as the width of the road shoulder area 40 at the k-th number of the observation point Pk, a distance that is acquired by subtracting the “distance from the k-th number of the observation point Pk to the outer line 42” derived in step ST15 from the “distance from the k-th number of the observation point Pk to the road end 41” derived in step ST14. In this way, the width of the road shoulder area 40 at the k-th number of the observation point Pk is derived.”);
a detecting unit configured to detect, based on the at least one road marking line and the closer edge of the road, an evacuation space at a location of the road where the own vehicle is parkable in an extending direction of the road (See at least Tsuji FIG. 5 and Paragraph 198 “The evacuation control section 130 sets a search range 50 on the road in the travel map data. The search range 50 is a range where an evacuation place 60, which will be described below, should be searched. For example, the evacuation control section 130 sets the search range 50 in consideration of a travel distance that is required for evacuation preparation of the host vehicle toward the road shoulder area 40.”);
a first determining unit configured to determine whether a detection result of the evacuation space is reliable; and a second determining unit configured to determine whether to perform limp-home control that causes the own vehicle to travel from a current location of the own vehicle to the evacuation space in response to determination of whether the detection result of the evacuation space is reliable (See at least Tsuji FIG. 5 and Paragraphs 213-216 “The evacuation control section 130 searches for a free space 65 from the road in the travel map data. For example, the evacuation control section 130 may search for the free space 65 on the basis of the search rule that is set in advance, or may search for the free space 65 on the basis of the learning model generated by deep learning. Then, the evacuation control section 130 determines whether the evacuation place 60 corresponds to the free space 65. If the evacuation place 60 corresponds to the free space 65, the processing in step ST29 is executed. If not, the processing in step ST26 is executed. For example, as illustrated in FIG. 8, the evacuation control section 130 detects the free space 65 on the road ahead of the host vehicle 15 in the advancing direction. In the example illustrated in FIG. 8, the free space 65 is hatched with diagonal lines from bottom right to top left. In the example illustrated in FIG. 8, a whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 corresponds to the free space 65. In the case where another vehicle 16 is stopped at a location indicated by a two-dot chain line in FIG. 8, not the whole area of the evacuation place 60 is set as the free space 65. Thus, the evacuation control section 130 determines that the evacuation place 60 does not correspond to the free space 65 … If the evacuation place 60 corresponds to the free space 65, the evacuation control section 130 maintains the evacuation place 60 without changing the evacuation place 60. In this way, the evacuation route is maintained, and the travel control of the host vehicle is continued such that the host vehicle travels on the evacuation route.”).
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US 20210229705 A1) (“Tsuji”) in view of Ansari (US 20160358477 A1) (“Ansari”).
With respect to claim 7, Tsuji teaches that the recognizing recognizes first information on indicative of a parkable location in a shoulder of the road and the method further comprising: performing one or more preparation operations for parking the own vehicle in the road shoulder (See at least Tsuji Paragraphs 214-218).
Tsuji fails to explicitly disclose second information indicative of an existence of a blind spot from the own vehicle.
Ansari, however, teaches second information indicative of an existence of a blind spot from the own vehicle (See at least Ansari Paragraph 2 “A smart vehicle can be operated by generating a 3D model of a sensor's field of view; receiving information from neighboring vehicles to compensate for blindspots in the sensor's field of view and in a driver's field of view; receiving traffic information, weather information; adjusting one or more characteristics of the plurality of 3D models based on the received traffic and weather information and blindspot information; aggregating the plurality of 3D models to generate a comprehensive 3D model; and combining the comprehensive 3D model with detailed map information; and using the combined comprehensive 3D model with detailed map information to maneuver the vehicle.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Tsuji to include second information indicative of an existence of a blind spot from the own vehicle, as taught by Miura as disclosed above, in order to ensure optimal vehicle parking (Ansari Paragraph 1 “The present invention relates to smart vehicles.”).
With respect to claim 8, Tsuji in view of Ansari teach that the one or more preparation operations include offsetting the own vehicle in a width direction of the road (See at least Ansari Paragraph 218 “When the lane information has become unavailable or unreliable, the computer system may control the vehicle to maintain a distance between the vehicle and the at least one neighboring vehicle to be at least a predetermined distance. The predetermined distance may be, for example, a distance determined to be a safe distance and/or a distance approximately equal to the difference between a predetermined lane width and a width of the vehicle. Other predetermined distances are possible as well.”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US 20210229705 A1) (“Tsuji”) in view of Noessner (US 20170176988 A1) (“Noessner”).
With respect to claim 9, Tsuji fails to explicitly disclose that the determining whether to perform limp-home control determines to perform the limp-home control while decelerating the own vehicle upon determination that the detection result of the evacuation space is reliable, the method further comprising: changing, during the limp-home control being performed, how to decelerate the own vehicle in accordance with change of a relative distance of the evacuation space from the own vehicle.
Noessner, however, teaches that the determining whether to perform limp-home control determines to perform the limp-home control while decelerating the own vehicle upon determination that the detection result of the evacuation space is reliable, the method further comprising: changing, during the limp-home control being performed, how to decelerate the own vehicle in accordance with change of a relative distance of the evacuation space from the own vehicle (See at least Noessner FIG. 2 and Paragraphs 13-14 “According to one specific embodiment of the method, the lateral guidance is influenced only after a predefined speed value has been reached. The predefined speed value is selected in such a way that an efficient departure from the danger area is ensured yet at the same time, no unnecessarily great risk is at hand that the vehicle will reach a region that is difficult to control in term of the driving dynamics.” | Paragraphs 60-62 “In method step 201, the linear or lateral guidance of the vehicle is influenced in such a way that the vehicle is guided in the direction of a safety zone. In method step 202, when the vehicle has reached the safety zone, a parking position is ascertained for the vehicle. To ascertain the parking position, as much information as possible is combined via the (still) available sensor systems of the vehicle in order to ascertain a suitable parking position for the vehicle, so that the endangerment of the passengers of the vehicle and of the other road users is kept to a minimum. In method step 203, the vehicle is finally guided in such a way that the vehicle comes to a standstill in the parking position.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Tsuji to include that the determining whether to perform limp-home control determines to perform the limp-home control while decelerating the own vehicle upon determination that the detection result of the evacuation space is reliable, the method further comprising: changing, during the limp-home control being performed, how to decelerate the own vehicle in accordance with change of a relative distance of the evacuation space from the own vehicle, as taught by Miura as disclosed above, in order to ensure optimal vehicle parking (Noessner Paragraph 5 “The present invention provides an example method for assisted emergency braking which selects a parking position that poses the least possible risk for the passengers of the vehicle and the surrounding traffic.”).
Claims 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US 20210229705 A1) (“Tsuji”) in view of Ishida (US 5572428 A) (“Ishida”).
With respect to claim 12, Tsuji teaches generating an evacuation route from the current location of the own vehicle to the evacuation space (See at least Tsuji Paragraphs 197-198, 212-218).
Tsuji, however, fails to explicitly disclose using a predetermined curve model; calculating a path-point sequence comprised of a plurality of path points along the evacuation route; generating, for each path point, a pair of left- and right-side collision boundary points, each of the left-side collision boundary points being separated leftward away from the corresponding path point by a first predetermined distance, each of the right-side collision boundary points being separated rightward away from the corresponding path point by a second predetermined distance; performing curve fitting into each of: a first sequence of the left-side collision boundary points to accordingly generate a left-side collision boundary line; and a second sequence of the right-side collision boundary points to accordingly generate a right-side collision boundary line; and determining a collision risk of the own vehicle with one or more obstacles in accordance with the left- and right-side collision boundary line.
Ishida teaches using a predetermined curve model; calculating a path-point sequence comprised of a plurality of path points along the evacuation route; generating, for each path point, a pair of left- and right-side collision boundary points, each of the left-side collision boundary points being separated leftward away from the corresponding path point by a first predetermined distance, each of the right-side collision boundary points being separated rightward away from the corresponding path point by a second predetermined distance; performing curve fitting into each of: a first sequence of the left-side collision boundary points to accordingly generate a left-side collision boundary line; and a second sequence of the right-side collision boundary points to accordingly generate a right-side collision boundary line; and determining a collision risk of the own vehicle with one or more obstacles in accordance with the left- and right-side collision boundary line (See at least Ishida Col. 6 “FIG. 5 shows an example of the map of the estimated area of travel of the source vehicle. Parameter values shown in FIG. 5 form an area having a predetermined width in contrast with the path of travel of FIG.3 which is in the form of a curved line. That is, estimated locations (X, Y) and (X,Y) represent lateral side points (hereinafter refereed to as "boundary points') of the estimated area of travel of the source vehicle. FIG. 6 shows the estimated area of travel of FIG. 5, plotted on the X-Y plane. In the figure, the solid line curve a shows the estimated path of travel of the source vehicle, and the broken line curves b and b' show opposite lateral sides of the estimated area of travel. The opposite lateral sides indicated by the curves b and b are spaced from the estimated path of travel by predetermined distances to. The predetermined distance O. should be set to a value depending on the actual width of the road surface, preferably about 2 m if the road width is 4 m. The estimated area of travel of the source vehicle is determined based on the estimated path of travel obtained by the graph of FIG. 4, in a manner described hereinbelow: Referring to FIG. 7 which shows how the area of travel of the source vehicle is determined, a point (Xn, Yn) indicates a location of the source vehicle at a time point T(n), and points (xn, yn) and (x'n, y'n) indicate boundary points of the estimated area of travel at the time point T(n). A segment connecting between the point (xn, yn) and the point (xn, y'n) is orthogonal to a segment connecting between the point (Xn, Yn) and a point (Xn-1, Yn-1), and the points (xn, yn) and (xn, y'n) are at the predetermined distance o. from the point (Xn, Yn) at left and right sides thereof. The values xn and x'n, and yn and y'n are determined by the use of the following equations (4) and (5), on condition that the segment connecting between the points (Xn, Yn) and (Xn-1, Yn-1) is orthogonal to the segment connecting between the points (xn, yn) and (xn, y'n), and the distance between the points (Xn, Yn) and (xn, yn) and the distance between the points (Xn, Yn) and (xn, y'n) are both equal to the predetermined value o … Values of points (xn, yn) and (x'n, y'n) thus obtained are sequentially plotted, with points where n =0 as starting points, to thereby obtain lateral side lines defining the estimated area of travel of the source vehicle, as shown in FIG. 6.” | Col. 9-10 “In the first embodiment described hereinabove, the esti mated areas of travel of the source vehicle and the object each have a width determined by the predetermined fixed distance C. on both sides of the estimated path of travel. In the present embodiment, however, the O. value is set to larger values as the travel distances of the vehicle and the object become longer. More specifically, according to the present embodiment, to determine boundary points (xn, yn) and (xn, y'n), a variable distance value O (ln) is employed instead of the fixed distance value o employed in the first embodiment. O(n) is a function of the travel distance in of the source vehicle or the object with respect to the starting point of the estimated path of travel. The variable distance value O (ln) is substituted for the fixed distance value O, in the aforesaid equations (4) and (5) to determine the boundary points (xn, yn) and (xn, yn') and hence obtain the estimated areas of travel of the source vehicle and the object. The other parameters, i.e. the velocity and deceleration value G, pos sibility of a collision, etc. are determined in manners iden tical with those employed in the first embodiment, descrip tion thereof being omitted. As described above, according to the present embodi ment, the areas of travel of the source vehicle and the object are determined so as to broaden in width as the travel distances thereof become longer. Therefore, a criterion for determining the collision point or proximity point between the source vehicle and the object is made more strict than that in the first embodiment, to enhance the safety of the source vehicle.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Tsuji to include using a predetermined curve model; calculating a path-point sequence comprised of a plurality of path points along the evacuation route; generating, for each path point, a pair of left- and right-side collision boundary points, each of the left-side collision boundary points being separated leftward away from the corresponding path point by a first predetermined distance, each of the right-side collision boundary points being separated rightward away from the corresponding path point by a second predetermined distance; performing curve fitting into each of: a first sequence of the left-side collision boundary points to accordingly generate a left-side collision boundary line; and a second sequence of the right-side collision boundary points to accordingly generate a right-side collision boundary line; and determining a collision risk of the own vehicle with one or more obstacles in accordance with the left- and right-side collision boundary line, as taught by Ishida as disclosed above, in order to ensure optimal vehicle control (Ishida “This invention relates to an anti-collision system for vehicles, for preventing a collision of the vehicle with an object such as a preceding vehicle by detecting objects in the vicinity of the source vehicle.”).
With respect to claim 13, Tsuji in view of Ishida teach that each of the first and second distances is determined based on at least one of (i) a wheel of the own vehicle, (ii) an inner wheel difference of the own vehicle, (iii) an outer wheel difference of the own vehicle, (iv) a recognition error of the recognition, and (v) a motion-control error of the own vehicle (See at least Ishida Col. 2 “Alternatively, the first setting means sets the area of travel of the source vehicle having a variable width determined based on a travel distance over which the source vehicle travels from a starting point of the estimated path of travel thereof and set on either side of the estimated path of travel transversely of an advancing direction of the estimated path of travel, and the second setting means sets the area of movement of the object having a variable width determined based on a movement distance over which the object moves from a starting point of the estimated path of movement thereof and set on either side of the estimated path of movement transversely of an advancing direction of the estimated path of movement.”).
With respect to claim 14, Tsuji in view of Ishida teach that the calculating increases the number of the path points upon determination that existence information on the one or more obstacles has a lower level of certainty than a predetermined reference threshold (See at least Ishida Col 10 “In the first embodiment described hereinbefore, the esti mated area of travel of the source vehicle at each time point T(n) (n=1,. . . ) is formed by a segment having a predeter mined fixed distance (=20) (segment connecting between the points (xn, yn) and (xn, y'n)). On the other hand, according to the present embodiment, the estimated area of travel of the source vehicle at each time point T(n) is formed by a distribution of probability of existence of the source vehicle in the estimated area of travel thereof … More specifically, in the estimated area of travel of the source vehicle of FIG. 15, a probability distribution repre sented by the probability density function f(x) is provided for each portion of the estimated area of travel at each time point T(n), where coordinates are formed with the origin formed by the point (Xn, Yn) at each time point T(n), the X axis by the aforementioned segment, and the Y axis by an axis extending orthogonally to the X axis from the origin, i.e. the advancing direction of the source vehicle from the point (Xn, Yn), respectively. A similar distribution of prob ability of existence of the object in the estimated area of travel having a similar probability density function may also be provided.”).
With respect to claim 16, Tsuji in view of Ishida teach that the determining a collision risk determines the collision risk of the own vehicle with the one or more obstacles based on a lateral position of each of the one or more obstacles in a width direction of the road and a lateral position of one of the left- and right-side collision boundary lines (See at least Ishida Col. 7 “At a step S7, it is determined whether or not there exists a point at which the source vehicle and the object will coincide (hereinafter referred to as "the collision point”) or closely approach each other (hereinafter referred to as "the proximity point"). If the point exits, the location and the time point corresponding to the collision point or proximity point, as well as the object are identified based on the maps of the estimated areas of travel of the source vehicle and the object. More specifically, a comparison between the boundary points (xn, yn) of the source vehicle and the object and a comparison between the boundary points (xn, y'n) of the same are made respectively, at each time point Tn (n=1,.. .), to thereby determine whether or not the collision point or proximity point exists. If the collision point or proximity point exists, the time point corresponding thereto is set as T(n). For example, in the examples of FIGS. 5 and 9, at time points T and T, the estimated area of travel of the object overlaps with the estimated area of travel of the source vehicle, and therefore it is determined that the source vehicle and the object will closely approach each other or collide with each other at the time point T(n)=T.”).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US 20210229705 A1) (“Tsuji”) in view of Ishida (US 5572428 A) (“Ishida”) further in view of Ouyang (CN 110696818 A) (“Ouyang”) (Translation Attached).
With respect to claim 17, Tsuji in view of Ishida fail to explicitly disclose that the performing curve fitting comprises: approximating a trigonometric function representing a multiple dimensional curve model as the curve model by Taylor expansion based on parameters of the multiple dimensional curve model to accordingly calculate the left- and right side collision boundary lines; and establishing left and right margins located outside the respective left- and right-side collision boundary lines in accordance with first error of the approximating error and/or second error of the fitting.
Ouyang, however, teaches that the performing curve fitting comprises: approximating a trigonometric function representing a multiple dimensional curve model as the curve model by Taylor expansion based on parameters of the multiple dimensional curve model to accordingly calculate the left- and right side collision boundary lines; and establishing left and right margins located outside the respective left- and right-side collision boundary lines in accordance with first error of the approximating error and/or second error of the fitting (See at least Ouyang Paragraphs 77-99).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Tsuji in view of Ishida to include that the performing curve fitting comprises: approximating a trigonometric function representing a multiple dimensional curve model as the curve model by Taylor expansion based on parameters of the multiple dimensional curve model to accordingly calculate the left- and right side collision boundary lines; and establishing left and right margins located outside the respective left- and right-side collision boundary lines in accordance with first error of the approximating error and/or second error of the fitting, as taught by Ouyang as disclosed above, in order to ensure optimal vehicle trajectory (Ouyang Paragraph 8 “The purpose of this invention is to address the shortcomings of the prior art by providing an automatic parking method and system based on an optimal path”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM ABDOALATIF ALSOMAIRY whose telephone number is (571)272-5653. The examiner can normally be reached M-F 7:30-5:30.
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/IBRAHIM ABDOALATIF ALSOMAIRY/ Examiner, Art Unit 3667 /KENNETH J MALKOWSKI/Primary Examiner, Art Unit 3667
1 There is no limiting definition as to what constitutes detecting another evacuation space to be “difficult”
Prosecution Insights