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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/06/2025 has been considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority based on Japanese Patent Application No JP2024-034368, filed on March 06, 2024.
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: an acquisition unit, a display control unit and display unit as in SPEC (para 12-13) in claims 1-5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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 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 1 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable in view of Endo (US 2022/0063406 A1) in view of Qing et al (CN115424441A), (hereinafter Qing).
Regarding claim 1, Endo teaches a vehicle display control device comprising: (see Endo para “0053” “The display control ECU 42 includes a CPU 44, memory 46 such as ROM and RAM, a non-volatile storage section 48 such as a HDD or SSD, and a communication I/F 50. The CPU 44, the memory 46, the storage section 48, and the communication I/F 50 are connected together so as to be capable of communicating with each other through an internal bus 52. A display control program”),
and a display control unit configured to, when a traveling road on which the host vehicle travels is a curved road, change stages of variation in a curvature of the curved road to be shown in an image imitating the traveling road (see Endo paras “0053” and “0056” “The display control ECU 42 performs the display control processing illustrated in FIG. 4 while an ignition switch of the host vehicle is on. At step 100 of the display control processing, the acquisition section 53 acquires from the autonomous driving ECU 34 information regarding lanes identified by the autonomous driving ECU 34. Note that this lane information includes information regarding an host vehicle lane along which the host vehicle is traveling (information regarding whether the lane is straight or curved, and so on)”),
and causes a display unit to display, together with an image imitating the host vehicle, an image imitating the traveling road that is associated with the curved road on which the host vehicle travels among the changed stages (see Endo fig. 6 and paras “0053-0056” and “0062” “A head-up display (hereafter referred to as HUD) 56 and a meter display (hereafter referred to as MET) 58 are connected to the display control ECU 42” and “the control section 55 superimposes display of only a first preceding vehicle 70 on the first person perspective single lane image displayed on the HUD 56, as illustrated in the examples of FIG. 6 and FIG. 7.”).
Endo teaches the navigation system performs processing to display the position of the host vehicle on a map, guide along a route to a destination, and so on based on position information obtained from the GPS device and the map information stored in the map information storage section (see Endo at least para “0043”).
But Endo fails to explicitly teach an acquisition unit configured to acquire driving history data of a host vehicle and change stages of variation in a curvature of the curved road to be shown in an image imitating the traveling road according to the driving history data.
However, Qing teaches an acquisition unit configured to acquire driving history data of a host vehicle (see Qing pages 1, 3-4 and 11 “According to the plurality of historical radar images, determine the historical driving attribute information of the historical vehicle in the historical radar image when turning on a road curve…. the historical driving attribute information includes the driving speed and driving trajectory of the historical vehicle”, “S110. Determine a plurality of historical radar images collected at historical moments of the radar detection area…”, “the historical radar images including historical vehicles are obtained at historical moments” and “Scan historical vehicles that entered the radar detection area at historical moments through microwave radar, and obtain historical radar images including historical vehicles at historical moments”),
and change stages of variation in a curvature of the curved road according to the driving history data (see Qing pages 1, 6-7 and 11 “S130. Determine the historical turning radius used by the historical vehicle when turning on the road curve according to the historical driving attribute information of the historical vehicle when turning on the road curve… Specifically, through the accurate calculation of the driving speed and trajectory of the historical vehicles included in the historical driving attribute information, the accurate historical turning radius of the historical vehicle can be obtained”, “according to the historical turning radius and the preset allowable turning radius of the road curve, determining whether to optimize and adjust the road curve at the road intersection”, “by analyzing and processing the driving trajectories of each historical vehicle when turning on a road curve… by processing the driving trajectories of each historical vehicle when turning on a road curve, the historical turning area is accurately obtained”),
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 of Endo for onboard display device, onboard display method, and computer readable storage medium to “utilize historical driving data from where the vehicle has driven on the road before” as taught by Qing (pages [1-11]) in order to better optimize the curve and ensure that the vehicle passes through the curve safely.
Regarding claim 4, Endo teaches a vehicle display control method comprising causing a computer to execute a process including: (see Endo paras “0024-0026” and “0053” “The display control ECU 42 includes a CPU 44, memory 46 such as ROM and RAM, a non-volatile storage section 48 such as a HDD or SSD, and a communication I/F 50. The CPU 44, the memory 46, the storage section 48, and the communication I/F 50 are connected together so as to be capable of communicating with each other through an internal bus 52. A display control program”),
and when a traveling road on which the host vehicle travels is a curved road, changing stages of variation in a curvature of the curved road to be shown in an image imitating the traveling road (see Endo paras “0053” and “0056” “The display control ECU 42 performs the display control processing illustrated in FIG. 4 while an ignition switch of the host vehicle is on. At step 100 of the display control processing, the acquisition section 53 acquires from the autonomous driving ECU 34 information regarding lanes identified by the autonomous driving ECU 34. Note that this lane information includes information regarding an host vehicle lane along which the host vehicle is traveling (information regarding whether the lane is straight or curved, and so on)”),
and causing a display unit to display, together with an image imitating the host vehicle, an image imitating the traveling road that is associated with the curved road on which the host vehicle travels among the changed stages (see Endo fig. 6 and paras “0053-0056” and “0062” “A head-up display (hereafter referred to as HUD) 56 and a meter display (hereafter referred to as MET) 58 are connected to the display control ECU 42” and “the control section 55 superimposes display of only a first preceding vehicle 70 on the first person perspective single lane image displayed on the HUD 56, as illustrated in the examples of FIG. 6 and FIG. 7.”).
Endo teaches the navigation system performs processing to display the position of the host vehicle on a map, guide along a route to a destination, and so on based on position information obtained from the GPS device and the map information stored in the map information storage section (see Endo at least para “0043”).
But Endo fails to explicitly teach acquiring driving history data of a host vehicle and changing stages of variation in a curvature of the curved road to be shown in an image imitating the traveling road according to the driving history data.
However, Qing teaches acquiring driving history data of a host vehicle (see Qing pages 1, 3-4 and 11 “According to the plurality of historical radar images, determine the historical driving attribute information of the historical vehicle in the historical radar image when turning on a road curve…. the historical driving attribute information includes the driving speed and driving trajectory of the historical vehicle”, “S110. Determine a plurality of historical radar images collected at historical moments of the radar detection area…”, “the historical radar images including historical vehicles are obtained at historical moments” and “Scan historical vehicles that entered the radar detection area at historical moments through microwave radar, and obtain historical radar images including historical vehicles at historical moments”),
changing stages of variation in a curvature of the curved road according to the driving history data (see Qing pages 1, 6-7 and 11 “S130. Determine the historical turning radius used by the historical vehicle when turning on the road curve according to the historical driving attribute information of the historical vehicle when turning on the road curve… Specifically, through the accurate calculation of the driving speed and trajectory of the historical vehicles included in the historical driving attribute information, the accurate historical turning radius of the historical vehicle can be obtained”, “according to the historical turning radius and the preset allowable turning radius of the road curve, determining whether to optimize and adjust the road curve at the road intersection”, “by analyzing and processing the driving trajectories of each historical vehicle when turning on a road curve… by processing the driving trajectories of each historical vehicle when turning on a road curve, the historical turning area is accurately obtained”),
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 of Endo for onboard display device, onboard display method, and computer readable storage medium to “utilize historical driving data from where the vehicle has driven on the road before” as taught by Qing (pages [1-11]) in order to better optimize the curve and ensure that the vehicle passes through the curve safely.
Regarding claim 5, Endo teaches a vehicle display control program for causing a computer to execute a process including: (see Endo paras “0024-0026” and “0053” “The display control ECU 42 includes a CPU 44, memory 46 such as ROM and RAM, a non-volatile storage section 48 such as a HDD or SSD, and a communication I/F 50. The CPU 44, the memory 46, the storage section 48, and the communication I/F 50 are connected together so as to be capable of communicating with each other through an internal bus 52. A display control program”),
and when a traveling road on which the host vehicle travels is a curved road, changing stages of variation in a curvature of the curved road to be shown in an image imitating the traveling road (see Endo paras “0053” and “0056” “The display control ECU 42 performs the display control processing illustrated in FIG. 4 while an ignition switch of the host vehicle is on. At step 100 of the display control processing, the acquisition section 53 acquires from the autonomous driving ECU 34 information regarding lanes identified by the autonomous driving ECU 34. Note that this lane information includes information regarding an host vehicle lane along which the host vehicle is traveling (information regarding whether the lane is straight or curved, and so on)”),
and causing a display unit to display, together with an image imitating the host vehicle, an image imitating the traveling road that is associated with the curved road on which the host vehicle travels among the changed stages (see Endo fig. 6 and paras “0053-0056” and “0062” “A head-up display (hereafter referred to as HUD) 56 and a meter display (hereafter referred to as MET) 58 are connected to the display control ECU 42” and “the control section 55 superimposes display of only a first preceding vehicle 70 on the first person perspective single lane image displayed on the HUD 56, as illustrated in the examples of FIG. 6 and FIG. 7.”).
Endo teaches the navigation system performs processing to display the position of the host vehicle on a map, guide along a route to a destination, and so on based on position information obtained from the GPS device and the map information stored in the map information storage section (see Endo at least para “0043”).
But Endo fails to explicitly teach acquiring driving history data of a host vehicle and changing stages of variation in a curvature of the curved road to be shown in an image imitating the traveling road according to the driving history data.
However, Qing teaches acquiring driving history data of a host vehicle (see Qing pages 1, 3-4 and 11 “According to the plurality of historical radar images, determine the historical driving attribute information of the historical vehicle in the historical radar image when turning on a road curve…. the historical driving attribute information includes the driving speed and driving trajectory of the historical vehicle”, “S110. Determine a plurality of historical radar images collected at historical moments of the radar detection area…”, “the historical radar images including historical vehicles are obtained at historical moments” and “Scan historical vehicles that entered the radar detection area at historical moments through microwave radar, and obtain historical radar images including historical vehicles at historical moments”),
changing stages of variation in a curvature of the curved road according to the driving history data (see Qing pages 1, 6-7 and 11 “S130. Determine the historical turning radius used by the historical vehicle when turning on the road curve according to the historical driving attribute information of the historical vehicle when turning on the road curve… Specifically, through the accurate calculation of the driving speed and trajectory of the historical vehicles included in the historical driving attribute information, the accurate historical turning radius of the historical vehicle can be obtained”, “according to the historical turning radius and the preset allowable turning radius of the road curve, determining whether to optimize and adjust the road curve at the road intersection”, “by analyzing and processing the driving trajectories of each historical vehicle when turning on a road curve… by processing the driving trajectories of each historical vehicle when turning on a road curve, the historical turning area is accurately obtained”),
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 of Endo for onboard display device, onboard display method, and computer readable storage medium to “utilize historical driving data from where the vehicle has driven on the road before” as taught by Qing (pages [1-11]) in order to better optimize the curve and ensure that the vehicle passes through the curve safely.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable in view of Endo (US 2022/0063406 A1) in view of Qing et al (CN115424441A), (hereinafter Qing) as applied in claim 1 above, in further view of Muramatsu et al (US 2014/0371988 A1).
Regarding claim 2, modified Endo fails to explicitly teach wherein: the driving history data is history data of steering operations of a driver for the host vehicle; and the display control unit is configured to change the stages of the variation in the curvature based on the history data of the steering operations.
However, Muramatsu teaches wherein: the driving history data is history data of steering operations of a driver for the host vehicle; and the display control unit is configured to change the stages of the variation in the curvature based on the history data of the steering operations (see Muramatsu claim 7 and paras “0033-0034” and “0048-0051” “wherein the selection unit is configured to select a history-based travel mode for travelling in accordance with a past slippage history of the vehicle on the curved road; and the display unit is configured to display the slippage history when the history-based travel mode is selected”, “The HUD ECU 8 is an ECU for controlling the EPS on the basis of the driver's operation of the steering wheel. The EPS ECU 8 detects the steering angle 0 of the vehicle wheels based on the EPS, by a steering angle sensor” and “the calculation unit 2b of the HUD unit ECU 2 calculates a correction steering angle… calculates a travel steering angle… and calculates the predicted path of travel D as the direction of travel of the vehicle, on the basis of the travel steering angle… In other words, the calculation unit 2b calculates the travel steering angle… and the predicted path of travel D when continuing in the path of travel direction B included in map information including the radius R, by autonomous navigation, for example. The display unit 2c displays the predicted path of travel D on the HUD, together with the path of travel direction B”),
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 of modified Endo for onboard display device, onboard display method, and computer readable storage medium “to provide a steering assistance display device capable of displaying necessary information” as taught by Muramatsu (paras [0033-0034] – [0048-0051]) in order to prompt a driver to perform a suitable steering operation.
Regarding claim 3, Endo fails to explicitly teach wherein: the driving history data is history data of traveling roads on which the host vehicle has traveled; and the display control unit is configured to change the stages of the variation in the curvature based on the history data of the traveling roads.
However, Muramatsu teaches wherein: the driving history data is history data of traveling roads on which the host vehicle has traveled; and the display control unit is configured to change the stages of the variation in the curvature based on the history data of the traveling roads (see Muramatsu claims 6-7 and paras “0031-0034” and “0048-0051” “wherein the selection unit is configured to select a history-based travel mode for travelling in accordance with a past slippage history of the vehicle on the curved road; and the display unit is configured to display the slippage history when the history-based travel mode is selected”, “also reads out, from database, map information including the radius R of the road along which the vehicle is travelling, and sends this information to the HUD unit ECU 2 via a CAN” and “the predicted path of travel D when continuing in the path of travel direction B included in map information including the radius R, by autonomous navigation, for example. The display unit 2c displays the predicted path of travel D on the HUD, together with the path of travel direction B”),
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 of modified Endo for onboard display device, onboard display method, and computer readable storage medium “to provide a steering assistance display device capable of displaying necessary information” as taught by Muramatsu (paras [0031-0034] – [0048-0051]) in order to prompt a driver to perform a suitable steering operation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSSAM M ABD EL LATIF whose telephone number is (571)272-5869. The examiner can normally be reached M-F 8 am-5 pm EST.
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/HOSSAM M ABD EL LATIF/Examiner, Art Unit 3664