DETAILED ACTION
This office action is in response to the amendment filed on 06/09/2026. This action is made Final.
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 .
Response to Amendment
The amendment filed on 06/09/2026 has been entered. Claims 1-6 remain pending in the application. Applicant’s amendment to the claims and specification have overcome each and every objection previously set forth in the Non-Final Office Action mailed on 03/11/2026.
Response to Arguments
Applicant’s arguments with respect to the 103 rejection of claim 1 has been considered but are moot in view of new ground of rejection necessitated by Applicant’s amendment.
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:
As per claim 1,
Line 1 – 2, “a control unit configured to store, as a registered route, a route along which an own vehicle has traveled …”
Line 8 – 10, “wherein the control unit is configured to execute update processing of updating …”
Claim 2, line 1 – 3, “wherein the control unit is configured to: store, …”
Claim 3, line 1 – 3, “wherein the control unit is configured to: store the post-registration manual parking route …”
Claim 4, line 2 – 3, “the control unit is configured to average the registered route …”
Claim 5, “wherein the control unit is configured to execute exclusion processing of deleting abnormal data …”
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 “control unit” is described as a microcomputer. (Specification of publication, par. [0032], “ The parking assist ECU 10 is a control unit which includes, as a principal component, a microcomputer including a CPU 11, a ROM 12, a RAM 13, and an interface 14.”)
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
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.
Claim(s) 1 – 3 are rejected under 35 U.S.C. 103 as being unpatentable over Feng, Yo-hong (English Translation of CN116279437A; hereinafter Feng) in view of Li et al. (English Translation of CN115857772A; hereinafter Li).
Regarding to claim 1, Feng teaches A parking assist apparatus, comprising a control unit configured to store, as a registered route, a route along which an own vehicle has traveled until the own vehicle is parked at a predetermined parking position by a first manual parking operation, ([Par. 0070], “the driver can activate the "parking route learning" function of the target vehicle at the starting point of the parking route, and then park the target vehicle in the target parking space. Accordingly, the target vehicle can learn the driver's parking route on its own and remember it. After the driver's parking route is learned, the target vehicle can generate a memory parking route based on the memorized driver parking route,” and to execute automatic parking control of parking the own vehicle at the predetermined parking position by causing the own vehicle to travel along the registered route, ([Par. 0070], “automatically park the target vehicle into the target parking space or automatically park the target vehicle out of the target parking space according to the memorized parking route.”)
Feng teaches to learn manual parking operation and execute automatic parking as described above, but does not explicitly disclose wherein the control unit is configured to execute update processing of updating, when the own vehicle is parked at the predetermined parking position by a second manual parking operation after the registered route is stored, the registered route based on information on the second manual parking operation; and in the update processing, the control unit is configured to calculate an update route based on the registered route and a post-registration manual parking route along which the own vehicle has traveled until the own vehicle is parked at the predetermined parking position by the second manual parking operation, and to update the registered route to the calculated update route.
However, Li teaches wherein the control unit is configured to execute update processing of updating, when the own vehicle is parked at the predetermined parking position by a second manual parking operation after the registered route is stored, the registered route based on information on the second manual parking operation; ([Par. 0124], “since the target parking space will not change within a certain period of time, the corresponding parking path will also not change. Optionally, the above method further includes: displaying a confirmation prompt message for the parking path in the parking scenario; performing an automatic parking operation according to the parking path in response to the confirmation operation for the parking path; switching the vehicle to path learning mode in response to the update operation for the parking path; displaying a manual parking path in the parking scenario in the path learning mode, and displaying setting prompt messages corresponding to one or more parking parameters among parking space type, parking start point, parking end point, pick-up location, and target parking space in the parking scenario during the generation of the manual parking path; and updating the parking path based on user setting operations corresponding to one or more parking parameters.”; [Par. 0126], “if the parking path changes, i.e., if the user updates the parking path in the parking scenario, the vehicle is switched to path learning mode. At this time, the vehicle is in a manual parking path. During the generation of the manual parking path, setting prompts for one or more parking parameters, including parking space type, parking start point, parking end point, pick-up location, and target parking space, are displayed in the parking scenario. The parking path is updated by receiving user setting operations for one or more parking parameters.”) and
in the update processing, the control unit is configured to calculate an update route based on the registered route and a post-registration manual parking route along which the own vehicle has traveled until the own vehicle is parked at the predetermined parking position by the second manual parking operation, and to update the registered route to the calculated update route. ([Par. 0124 – 0126], “since the target parking space will not change within a certain period of time, the corresponding parking path will also not change. Optionally, the above method further includes: displaying a confirmation prompt message for the parking path in the parking scenario; performing an automatic parking operation according to the parking path in response to the confirmation operation for the parking path; switching the vehicle to path learning mode in response to the update operation for the parking path; displaying a manual parking path in the parking scenario in the path learning mode, and displaying setting prompt messages corresponding to one or more parking parameters among parking space type, parking start point, parking end point, pick-up location, and target parking space in the parking scenario during the generation of the manual parking path; and updating the parking path based on user setting operations corresponding to one or more parking parameters.[n0125]Correspondingly, after a parking process is completed, a confirmation prompt message for the parking path can be displayed in the parking scene. In response to the confirmation operation for the parking path, an automatic parking operation is performed according to the parking path so that automatic parking can be performed according to the parking path the next time the parking scene is entered.”)
Examiner Note: the mapping is understood as Feng discloses a parking assist apparatus that stores a registered route based on a manual parking operation to a predetermined parking position and later executes automatic parking control along the registered route. Feng does not expressly teach updating the already-stored registered route when the vehicle is again parked at the same position by a subsequent manual parking operation. Li teaches that, after a parking path has been established, the system can switch to a path-learning mode in response to an update request, display a manual parking path, collect information during generation of that manual parking path (including user-set parameters such as start/end points and target parking space), and update the parking path based on that information. (see par. [0124 – 0126])
It would have been obvious to a person of ordinary skill in the art at the time of the invention to modify the registered-route storage and automatic-parking control of Feng with the post-storage update mechanism of Li so that the registered route could be refined when the driver later performs another manual parking to the same position.
Regarding to claim 2, the combination of Feng and Li teaches the apparatus of claim 1.
Feng further teaches wherein the control unit is configured to: store, when the own vehicle is parked at the predetermined parking position by the second manual parking operation after the registered route is stored, as the post-registration manual parking route, the route along which the own vehicle has traveled until the own vehicle is parked at the predetermined parking position by the second manual parking operation; ([Par. 0124 – 0126], “since the target parking space will not change within a certain period of time, the corresponding parking path will also not change. Optionally, the above method further includes: displaying a confirmation prompt message for the parking path in the parking scenario; performing an automatic parking operation according to the parking path in response to the confirmation operation for the parking path; switching the vehicle to path learning mode in response to the update operation for the parking path; displaying a manual parking path in the parking scenario in the path learning mode, and displaying setting prompt messages corresponding to one or more parking parameters among parking space type, parking start point, parking end point, pick-up location, and target parking space in the parking scenario during the generation of the manual parking path; and updating the parking path based on user setting operations corresponding to one or more parking parameters.[n0125]Correspondingly, after a parking process is completed, a confirmation prompt message for the parking path can be displayed in the parking scene. In response to the confirmation operation for the parking path, an automatic parking operation is performed according to the parking path so that automatic parking can be performed according to the parking path the next time the parking scene is entered.”
Allowable Subject Matter
Claims 3 – 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Murai et al. (Publication No. US 20240140402 A1) discloses A parking support apparatus includes a storage that stores a manual parking path, and a processor that sets a safety region where the vehicle can pass. The processor causes the vehicle to perform automatic driving based on the generated automatic parking path, and the processor generates a parking path configured for driving within a range of the performance of the electric power steering and for the vehicle to pass inside the safety region. When a learning permission for permitting the update of the safety region is made, safety region setter performs addition of the safety region, and path generator attempts to set the parking path with the same number of strokes as in the manual parking.
Zhang et al. (Publication No. CN110271538A) discloses an automatic parking switch method, an electronic device and a vehicle, the method comprising: in response to the driver parking action, entering manual parking state, determining the target parking space, the parking track planning for the target parking space, according to the vehicle real time information, with respect to the target parking space by the parking track update to obtain real-time updating the parking track in response to automatic parking request, according to the real-time updating the parking track control vehicle automatic parking. The invention does not remove the user starts manual parking stall information has been searched, and information updating the parking track, waiting the user starts automatically when parking vehicle in real time according to the manual parking, so the user can fast switching is automatic parking from manual parking. by the halfway over the vehicle and finishing the automatic parking, which can save the user time and the times the current stalls can greatly improve the experience feeling and the feeling of the user.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN V NGUYEN whose telephone number is (571)272-7320. The examiner can normally be reached Monday -Friday 11am - 7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James J Lee can be reached at (571) 270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN VU NGUYEN/Primary Examiner, Art Unit 3668
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