DETAILED ACTION
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 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.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ishibashi et al. (Publication: US 2013/0317706 A1) in view of Kiyokawa et al. (Publication: US 2017/0028985 A1).
Regarding claim 1, Ishibashi discloses an information processing apparatus comprising: a controller; and a display, wherein the controller is configured to ([0028], Fig. 1 - The parking assist system 1. Each of the ECUs 10 and 20 is configured as a microcomputer formed of a CPU, a ROM, a RAM. The ROM stores programs and data that are executed by the CPU. Note that part and/or whole of the functions of each of the ECUs 10 and 20 may be implemented by the other one of the ECUs 10 and 20 or may be implemented by another ECU other than the ECUs 10 and 20.):
determine a reference distance based on a maximum length toward a vehicle rear side during opening and closing operation of a back door (
[0054] In step 406, the parking assist ECU 10 generates (draws) the back door open space auxiliary line corresponding to 100% back door opening degree “maximum” (default back door opening degree). The parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines, “determine a reference distance based on a maximum length”.
); and
display on a back view screen using the display ([0054], Fig. 5 - The parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines, “determine a reference distance based on a maximum length”.
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a guide image indicating a position that is distant from the rear obstacle by the reference distance (
[0025] FIG. 5 is a guide image that shows an example of guide marks that include a back door open space auxiliary line to the real obstacle by the reference distance.
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[0052] In step 404, the parking assist ECU 10 generates (draws) a back door open space auxiliary line on the basis of the back door allowable opening degree loaded in step 402. As shown in FIG. 5, the parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines. The back door open space auxiliary line may be a guide mark that indicates a space required when the back door is open. As shown in FIG. 5, the back door open space auxiliary line may be drawn with reference to a distance guide line (line that indicates a position about 0.5 m ahead));
wherein the controller includes at least one processor, at least one dedicated circuit, or a combination thereof ([0028], Fig. 1 - Each of the ECUs 10 and 20 is configured as a microcomputer formed of a CPU, and whole of the functions of each of the ECUs 10 and 20 may be implemented by the other one of the ECUs 10 and 20 or may be implemented by another ECU other than the ECUs 10 and 20.).
Ishibashi does not however Kiyokawa discloses
determine based on a maximum protrusion length ([0098] The target position determination unit of the parking assistance device according to the embodiment may, for example, make the side-end portion not to protrude to the third direction from the farthest portion of the first obstacle. to determine the target position for guiding the vehicle such that the vehicle can be parked in a state in which the vehicle is completely parked in the parking space in such a manner that the vehicle (the host vehicle) does not protrude farther to the side of the second obstacle than the first obstacle, that is, does not protrude to the travelling road side, “maximum protrusion length”.);
upon detection of a rear obstacle at a time of a start of parking a vehicle, a guide image indicating a position that is distant from the rear obstacle by the reference ([0082] In this case, for example, as illustrated in FIG. 18, a screen 12a that indicates the fact that the execution of the guidance control is started or is under execution may be displayed on the display device 12. The surroundings detection symbol 86 has a configuration in which an individual symbol is arranged around a vehicle symbol, and in a case where an obstacle is present within a warning distance set in advance based on the result of detection by the detection unit 32, can be configured such that the individual symbol indicating that an obstacle is present is turned on. For example, as described using FIG. 15, the target position E set based on the separated distanced D is not appropriate and in a case where the vehicle 1 approaches the second obstacle B (wall 60a) or the like closer than the warning distance, the surroundings detection symbol 86 is turned on to give a warning. The individual symbol may be configured to be displayed in “blue” at normal time, and to be changed from “blue” to “red” in a case where the obstacle for warning is detected. The completion indicator 88 includes an indicator 88a that indicates a period from the time);
wherein the controller is further configured to determine, by a position of the rear obstacle and the reference distance, a position where the guide image is displayed ([0041], [0082] - CPU performs the following methods, the target position E set based on the separated distanced D is not appropriate and in a case where the vehicle 1 approaches the second obstacle B (wall 60a) or the like closer than the warning distance, the surroundings detection symbol 86 is turned on to give a warning. The individual symbol may be configured to be displayed in “blue” at normal time, and to be changed from “blue” to “red” in a case where the obstacle for warning is detected, Fig. 18, “guide image”. The completion indicator 88 includes an indicator 88a that indicates a period from the time when the number of lightings of the individual blocks indicating the unit time increases or decreases to the time when the guidance is completed and a target symbol 88b that indicates the completion of the guidance. The content of the display on the screen 12a is an example, and the displaying item may be changed or the displaying mode may be changed, if necessary.).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Ishibashi with determine based on a maximum protrusion length; upon detection of a rear obstacle at a time of a start of parking a vehicle, a guide image indicating a position that is distant from the rear obstacle by the reference; wherein the controller is further configured to determine, by a position of the rear obstacle and the reference distance, a position where the guide image is displayed as taught by Kiyokawa. The motivation for doing is to accurately detect the obstacle.
Regarding claim 2, Ishibashi in view of Kiyokawa disclose all the limitations of claim 1.
wherein the controller is configured to including protrusion
Ishibashi discloses determine the reference distance within a range that is not less than a length at a time when an opening degree of the back door is a minimum opening degree required for loading and unloading baggage in a trunk, and is not longer than the maximum length (
[0052] In step 404, the parking assist ECU 10 generates (draws) a back door open space auxiliary line on the basis of the back door allowable opening degree loaded in step 402. As shown in FIG. 5, the parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines. The back door open space auxiliary line may be a guide mark that indicates a space required when the back door is open. As shown in FIG. 5, the back door open space auxiliary line may be drawn with reference to a distance guide line (line that indicates a position about 0.5 m ahead), “determine the reference distance within a range that is not less than a length… no longer than the maximum length”.
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[0039] In step 302, the parking assist ECU 10 associates the back door opening degree informed from the back door ECU 20 with a specific park position to save (store) the back door opening degree in the storage device 22 as the back door allowable opening degree. The specific park position may be, for example, implemented in such a manner that the user specifies the specific park position in a map on the display 68 by touching, or the like. The specific park position may include the parking lot of a user's home. In addition, the specific park position may be, for example, a vehicle position (vehicle position computed by the GPS receiver 60) at the time when the save switch is operated. In this case, for example, when the user operates the save switch in the case where the user intends to save the current back door opening degree at the current park position as the back door allowable opening degree, the park position may be saved in association with the back door allowable opening degree, “opening degree of the back door is a minimum opening degree”.
[0046] – Fig. 3, in a situation that the back door is opened and a luggage needs to be unloaded when parked in a parking lot, or the like, for a parking lot in such a situation, an appropriate back door allowable opening degree is determined, “loading and unloading baggage in a trunk” .).
Kiyokawa discloses a protrusion length ([0098] The target position determination unit of the parking assistance device according to the embodiment may, for example, make the side-end portion not to protrude to the third direction from the farthest portion of the first obstacle. to determine the target position for guiding the vehicle such that the vehicle can be parked in a state in which the vehicle is completely parked in the parking space in such a manner that the vehicle (the host vehicle) does not protrude farther to the side of the second obstacle than the first obstacle, that is, does not protrude to the travelling road side, “protrusion length”.).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Ishibashi in view with a protrusion length as taught by Kiyokawa. The motivation for doing is to accurately detect the obstacle.
Regarding claim 3, Ishibashi in view of Kiyokawa disclose all the limitations of claim 1.
Ishibashi discloses to determine the reference distance based further on information on baggage loaded in a vehicle trunk ([0053] Here, the back door open space auxiliary line indicates a space, particularly, a space in the depth direction, required when the back door is open. The space required when the back door is open varies with the back door opening degree. In consideration of this point, in step 404, the position of the back door open space auxiliary line (in the present embodiment, the position with respect to the distance guide line, that is, the position with respect to the vehicle rear end) is varied on the basis of the back door allowable opening degree.
[0054] In step 406, the parking assist ECU 10 generates (draws) the back door open space auxiliary line corresponding to 100% back door opening degree (default back door opening degree). The parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines, “determine the reference distance based further on information”.
[0046] – Fig. 3, in a situation that the back door is opened and a luggage needs to be unloaded when parked in a parking lot, or the like, for a parking lot in such a situation, an appropriate back door allowable opening degree is determined, “baggage loaded in a vehicle trunk”).
Regarding claim 4, Ishibashi in view of Kiyokawa disclose all the limitations of claim 1.
Ishibashi discloses to display the guide image using the display according to positional information for the vehicle at a time of parking ([0039] - In step 302, the parking assist ECU 10 associates the back door opening degree informed from the back door ECU 20 with a specific park position. The specific park position may be, for example, implemented in such a manner that the user specifies the specific park position in a map on the display 68 by touching, or the like. The specific park position may include the parking lot of a user's home. In addition, the specific park position may be, for example, a vehicle position (vehicle position computed by the GPS receiver 60).).
Regarding claim 5, Ishibashi in view of Kiyokawa disclose all the limitations of claim 1.
Ishibashi discloses to display the guide image in a case in which positional information for the vehicle at a time of parking substantially matches a predetermined reference position ([0052] In step 404, the parking assist ECU 10 generates (draws) a back door open space auxiliary line on the basis of the back door allowable opening degree loaded in step 402. As shown in FIG. 5, the parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines. The back door open space auxiliary line may be a guide mark that indicates a space required when the back door is open. As shown in FIG. 5, the back door open space auxiliary line may be drawn with reference to a distance guide line (line that indicates a position about 0.5 m ahead).
[0054] In step 406, the parking assist ECU 10 generates (draws) the back door open space auxiliary line corresponding to 100% back door opening degree (default back door opening degree). The parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines, “matches a predetermined reference position”.
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Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ishibashi et al. (Publication: US 2013/0317706 A1) in view of Kiyokawa et al. (Publication: US 2017/0028985 A1) and Nakamura et al. (Publication: US 2023/0115990 A1).
Regarding claim 6, Ishibashi in view of Kiyokawa disclose all the limitations of claim 3.
Ishibashi in view of Kiyokawa do not disclose; however, Nakamura discloses
configured to determine the reference distance based further on at least one of a size, a weight, or contents of the baggage loaded in the vehicle trunk ([0029] When the storage location of the user's luggage is determined to be in the trunk, the stop interval setting unit 19 determines whether the size of the user's luggage is smaller than the second predetermined range. When the luggage size is smaller than the second predetermined range, that is, when the luggage has a medium size, the stop interval setting unit 19 sets the necessary stop interval to a first stop interval. The first stop interval is a distance that is long enough to open and close the trunk of the vehicle).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Ishibashi in view of Kiyokawa with configured to determine the reference distance based further on at least one of a size, a weight, or contents of the baggage loaded in the vehicle trunk as taught by Nakamura. The motivation for doing is to accurately measure the distance thus convenience for the trunk to be opened or closed.
Response to Arguments
Claim Rejection Under 35 U.S.C. 103
The applicant asserts “Applicant respectfully disagrees and submits that Ishibashi discloses that the "back door open space auxiliary line" is determined relative to the host vehicle's rear end so that the auxiliary line moves along with the vehicle's movement (specifically, drawn with reference to a distance guide line indicating a constant position approximately 0.5 m ahead of the vehicle rear end). See Ishibashi at paragraphs [0052]-[0054], FIG. 5. Ishibashi completely fails to teach or suggest adjusting the display location of the guide line based on the position of the detected rear obstacle as the vehicle approaches so as to maintain the reference distance from the rear obstacle. Therefore, Ishibashi does not teach or suggest the above-mentioned feature recited in claim 1, namely that the controller is further configured to determine a position where the guide image is displayed by a position of the rear obstacle and the reference distance.”
The examiner disagrees.
Kiyokawa discloses [0041], [0082] - CPU performs the following methods, the target position E set based on the separated distanced D is not appropriate and in a case where the vehicle 1 approaches the second obstacle B (wall 60a) or the like closer than the warning distance, the surroundings detection symbol 86 is turned on to give a warning. The individual symbol may be configured to be displayed in “blue” at normal time, and to be changed from “blue” to “red” in a case where the obstacle for warning is detected, Fig. 18, “guide image”. The completion indicator 88 includes an indicator 88a that indicates a period from the time when the number of lightings of the individual blocks indicating the unit time increases or decreases to the time when the guidance is completed and a target symbol 88b that indicates the completion of the guidance. The content of the display on the screen 12a is an example, and the displaying item may be changed or the displaying mode may be changed, if necessary.).
Applicant asserts “Applicant respectfully disagrees and submits that Ishibashi merely describes a general problem where a back door might hit a fence or ceiling when a user unloads luggage, and teaches a configuration where a user must manually pre-register and save a specific allowable opening degree in advance in association with that particular geographic parking location. See Ishibashi at paragraph [0046]. Ishibashi in view of Kiyokawa does not teach or suggest dynamically adjusting or determining the reference distance for a guide image based on information regarding the baggage currently loaded inside the trunk during the current parking operation, which is disclosed in paragraph [0034] of the specification as originally filed.”
Examiner disagrees.
Ishibashi discloses ([0053] Here, the back door open space auxiliary line indicates a space, particularly, a space in the depth direction, required when the back door is open. The space required when the back door is open varies with the back door opening degree. In consideration of this point, in step 404, the position of the back door open space auxiliary line (in the present embodiment, the position with respect to the distance guide line, that is, the position with respect to the vehicle rear end) is varied on the basis of the back door allowable opening degree.
[0054] In step 406, the parking assist ECU 10 generates (draws) the back door open space auxiliary line corresponding to 100% back door opening degree (default back door opening degree). The parking assist ECU 10 displays the generated back door open space auxiliary line on the display 68 so as to be superimposed on the video image from the rear camera 40 together with other guide lines, “determine the reference distance based further on information”.
[0046] – Fig. 3, in a situation that the back door is opened and a luggage needs to be unloaded when parked in a parking lot, or the like, for a parking lot in such a situation, an appropriate back door allowable opening degree is determined, “baggage loaded in a vehicle trunk”).
Regarding claims 2 - 6, the Applicant asserts that they are not obvious over based on their dependency from independent claim 1. The examiner cannot concur with the Applicant respectfully from same reason noted in the examiner’s response to argument asserted from claim 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ming Wu whose telephone number is (571) 270-0724. The examiner can normally be reached on Monday-Thursday and alternate Fridays (9:30am - 6:00pm) EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devona Faulk can be reached on 571-272-7515. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ming Wu/
Primary Examiner, Art Unit 2618
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