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 .
Status of Claims
This Office Action is in response to the Applicants’ filing on July 28, 2026. Claims 1-6 were previously pending, of which claims 1, 4 and 5 have been amended, claims 2, 3 and 6 have been cancelled, and claims 7-13 have been newly added. Accordingly, claims 1, 4-5 and 7-13 are currently pending and are being examined below.
Claim Objections
Claim 1 is objected to because of the following informalities: improper punctuation at the end of the prior Claim 1 limitation ending in “while said driving assistance control is being executed” should end with a semicolon now that the new limitations from the amended content have been introduced. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: improper grammar in light of amended limitation “after a start time point of an said entering assistance control” should be “after a start time point of a said entering assistance control. Appropriate correction is required.
Response to Arguments
With respect to Applicant's remarks, see pages 7-11 filed July 28, 2026; Applicant’s “Amendment and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the 35 U.S.C. §112(b) Rejection , applicant’s amendment to claims 2 and 4 have addressed the condition using “predetermined target position” recited in the rejection, foregoing the condition. Therefore, the rejection to the claims are withdrawn.
Applicant's arguments regarding 35 U.S.C. §103 Rejections have been fully considered but they are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., coordinating the beginning and ending of drainage with these particular events during an entering assistance control based on registered and actual feature-point information or starting drainage at the forward-to-backward direction-switching position (see Morita [0038-0044];[0051]) and stopping drainage upon the claimed entry into a registered target parking space (see Nakata [0026]) are clearly defined in the prior art and maintained for the rejection below in view of the amended claims. Although the claims are interpreted in light of the specification, the new limitations from the amended claims are not persuasive . Therefore, the rejections under 35 U.S.C. § 103 are maintained, as presented in the Final Office Action below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5 and 7, 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nakada et al., JP2016187273A (Hereinafter, “Nakada”), in view of Kimura et al., JP2015118886A (Hereinafter, “Kimura”) in further view of Morita et al., US 20250296552 A1 (Hereinafter “Morita”).
Regarding Claims 1 and 9, Nakada discloses a control apparatus for a fuel cell electric vehicle (10), applied to said fuel cell electric vehicle
See [0013], “Figure 1, a vehicle 10, which is a mobile body … and a drainage control system 11 provided in the vehicle 10.” And [0014], “The vehicle 10 includes a fuel cell 12 and an outlet 13 for discharging water generated by the fuel cell to the outside of the vehicle.” And [0015], “The fuel cell 12 supplies electricity generated, for example, by a chemical reaction between hydrogen and oxygen, to the vehicle 10 and the wastewater control system 11, etc.”
comprising: a camera configured to obtain image data by taking a picture of a scene of surrounding area of said fuel cell electric vehicle; and a controller configured to control drainage of said water fromSee [0016], “Furthermore, the discharge port 13 has a valve whose open/closed state is controlled by a control signal output by the vehicle's ECU (controller) or an image processing device described later. Specifically, the valve of the outlet 13 is open when no control signal is output, and half-open or closed when a control signal is output.“ And [0017-0018], “The drainage control system 11 comprises at least one imaging device 14 and an image processing device 15.” Also [0026], “The image processing device 15 comprises an input/output unit 23, a storage unit 24, and an image processing device control unit 25.”
control said drainage of said water based on said image data, See [0034], “the image processing unit 25 determines that water discharge should be restricted when the first object recognized by the object recognition process and the vehicle 10 have a first positional relationship, or when the width of the road recognized by the object recognition process is less than a predetermined value.”
prohibit, while executing said entering assistance control, said drainage of said water from said water storage tank, when and after it is determined that said traveling direction end of said fuel cell electric vehicle has reached or has entered said See [0029], “Figure 3, the memory unit 24 stores in advance information indicating a first subject and information indicating a first determination condition in association with each other. The first subject is one of the various subjects that can be recognized by object recognition processing, for example, a subject that is considered to be in the vicinity of the vehicle 10 and whose discharge of water outside the vehicle 10 should be restricted (suppressed or prohibited).”
Nakada discloses a fuel cell vehicle with and water drainage control based on image data of the surroundings of the vehicle, but does not disclose specifically a selected parking location. However, Kimura teaches a fuel cell vehicle with suppresses draining in response to determining it is within a parking location s in [0016], “parking lots, … there is a possibility that drainage may come into contact with residents or facilities, causing inconvenience … This configuration allows for drainage to be suppressed in roads and areas where drainage is undesirable, even without the user setting drainage control points.” And [0023-0024], “Furthermore, the memory 13 also stores user-defined information, including drainage control points … This configuration allows users to arbitrarily set drainage control points, such as their home parking space.”
Nakada also discloses a controller for a fuel cell vehicle, but does not explicitly disclose a water storage tank. However, Kimura teaches a fuel cell controller including a water storage in [0011], “The drainage channel 32 is equipped with a water storage tank 33 and a drainage control valve 34 (drainage control unit of the present invention), such as a solenoid valve, and the other end of the drainage channel 32 is a drainage port 35.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the prohibiting drainage and water storage disclosed in Kimura with reasonable expectation of success. The motivation for doing so would have been to have storage capacity for storing suppress wastewater discharge in situations where wastewater discharge is undesirable, see Kimura [0006].
Nakada and Kimura discloses a fuel cell vehicle controller with and water storage, but does not disclose driving assistance controls. However, Morita teaches a fuel cell vehicle driving assistance system with engine controls including:
wherein, said controller is configured to: execute a driving assistance control to move said See Morita [0038-0039], “ECU 10 acquires information about objects around the own vehicle from the ultrasonic sensors 21 and cameras 22 … The target position TP is the position of the vehicle's center of gravity when the own vehicle is assumed to be parked within the parking spot PS with a predetermined space provided around it. The ECU 10 then calculates a route R (a target trajectory of the vehicle's center of gravity) to move the own vehicle to the target position TP while avoiding obstacles. The ECU 10 also sets a control signal pattern (time-series data of various target values to be supplied to the drive device 30, braking device 40, and steering device 50) for moving the own vehicle along the route R.”
store a target parking space which is an occupying space of said See Morita [0051], “Here, region Rb is a region specified in advance by the user. For example, the user may set a frequently visited store as region Rb. Note that the remote operation software includes a feature (configuration software) to set region Rb. When this configuration software is activated, the smartphone 60 acquires map information MD from the server computer 70 and displays a map based on this information. The user can specify a desired region on this map (e.g., the premises of a store) as region Rb. The smartphone 60 stores information identifying region Rb (e.g., multiple coordinates representing the corners of the premises). ”
execute an entering assistance control, as a driving assistance control, to automatically move said See [0028] where they disclose that the image recognition is/includes feature points of the target parking space.“ And [0043], “ECU 10 sequentially acquires recognition results of objects around the own vehicle from the ultrasonic sensors 21 and the cameras 22 while the own vehicle proceeds along the route R.”
determine, while executing said entering assistance control, whether or not a traveling direction end of said fuel cell electric vehicle has reached or has entered said target parking space based on both said feature point information that has been stored and associated with said target parking space and image data that is newly obtained by said camera; See at least [0038], “The driver temporarily stops the own vehicle near the parking spot PS where they intend to park, and presses the switch 23 … Upon detecting that the switch 23 has been pressed, the ECU 10 acquires information about objects around the own vehicle from the ultrasonic sensors 21 and cameras 22. Based on this (feature point) information, the ECU 10 identifies parking spots where the own vehicle can be parked and obstacles in the vicinity, and generates a map M1 as shown in FIG. 2A.” And [0039], “ECU 10 sets a target position TP at which the own vehicle is to be parked within the parking spot PS. The target position TP is the position of the vehicle's center of gravity when the own vehicle is assumed to be parked within the parking spot PS with a predetermined space provided around it. The ECU 10 then calculates a route R (a target trajectory of the vehicle's center of gravity) to move the own vehicle to the target position TP while avoiding obstacles. The ECU 10 also sets a control signal pattern (time-series data of various target values to be supplied to the drive device 30, braking device 40, and steering device 50) for moving the own vehicle along the route R.” And [0044], “When the ECU 10 determines that the own vehicle has reached the target position TP, it stops the own vehicle. Furthermore, the ECU 10 shifts the gear position to the parking position, activates the parking brake, and then transitions the ignition switch to the off state. In this manner, the own vehicle is parked in the parking spot PS by remote operation.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the driving assistance limitations disclosed in Morita with reasonable expectation of success. The motivation for doing so would have been to perform parking assistance control for assisting parking of the hybrid vehicle, see Morita [0006].
Regarding Claims 5 and 11, Nakada discloses the following limitation dependent on Claim 1:
wherein, said predetermined target position is a perform said drainage of said water from said water storage tank, See [0043], “The image processing device control unit 25 then stops determining whether to restrict the discharge of water from the vehicle 10's outlet 13 when the gutter and the vehicle 10 have a second positional relationship. In this way, for example, even when the manhole and the vehicle 10 have a first positional relationship, when the gutter and the vehicle 10 have a second positional relationship, the ECU or image processing device control unit 25 does not output a control signal, so the valve of the outlet 13 opens, and water is discharged from the outlet 13 to the outside of the vehicle 10.”
Nakada discloses a fuel cell vehicle with and water drainage control, but does not disclose a target parking location. However, Kimura teaches a fuel cell vehicle with parking location controls in [0023-0024], “Furthermore, the memory 13 also stores user-defined information, including drainage control points … This configuration allows users to arbitrarily set drainage control points, such as their home parking space.” And [0038], “if the current position of vehicle 1 is not included in the drainage suppression points on the map data (S15: No), normal drainage control is performed in the same manner as in step S16 described above.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the water storage disclosed in Kimura with reasonable expectation of success. The motivation for doing so would have been to control the permission, restriction, or prohibition of wastewater discharge in accordance with those characteristics, see Kimura [0003].
Nakada discloses a fuel cell vehicle with driving assistance, but does not disclose parking assistance. However, Morita teaches a fuel cell vehicle parking assistance system including: in a period from at latest at a certain time point on and or after a start time point of a said entering assistance control as said driving assistance control to automatically move said fuel cell electric vehicle from a current position near said target parking position to said target parking position to a time point at which a part said traveling direction end of said fuel cell electric vehicle is determined to enter have reached or entered said target parking position space based on said actual feature point information, while executing said entering assistance control. See [0038-0044], “The driver temporarily stops the own vehicle near the parking spot PS where they intend to park, and presses the switch 23. Upon detecting that the switch 23 has been pressed, the ECU 10 acquires information about objects around the own vehicle from the ultrasonic sensors 21 and cameras 22.” And [0043] “Additionally, the ECU 10 sequentially acquires recognition results of objects around the own vehicle from the ultrasonic sensors 21 and the cameras 22 while the own vehicle proceeds along the route R.” And [0044], “When the ECU 10 determines that the own vehicle has reached the target position TP, it stops the own vehicle.” The logic naturally flows that in the combined teachings of Nakada + Kimura the fuel cell water discharge is not restricted (i.e. allowed) when it is determined that the vehicle is not within a parking zone thus by natural extension this includes the time period during the parking assistance between a start point time up until the time it is determined the vehicle has reached/entered the parking spot.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the parking limitations disclosed in Morita with reasonable expectation of success. The motivation for doing so would have been to perform parking assistance control for assisting parking of the hybrid vehicle, see Morita [0006].
Claims 7 and 12 present the same limitations as Claims 5 and 11, therefore they are rejected on the same grounds as Claims 5 and 11.
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakada in view of Kimura et al., in further view of Morita, in further view of Takechi et al., US 20200326701 A1 (Hereinafter “Takechi”).
Regarding Claims 4 and 10, Nakada discloses the following limitation dependent on Claims 1 and 9: allow said drainage of said water from said water storage tank, See [0043], “The image processing device control unit 25 then stops determining whether to restrict the discharge of water from the vehicle 10's outlet 13 when the gutter and the vehicle 10 have a second positional relationship. In this way, for example, even when the manhole and the vehicle 10 have a first positional relationship, when the gutter and the vehicle 10 have a second positional relationship, the ECU or image processing device control unit 25 does not output a control signal, so the valve of the outlet 13 opens, and water is discharged from the outlet 13 to the outside of the vehicle 10.”
Nakada discloses a fuel cell vehicle with and water drainage control, but does not disclose a selected parking location. However, Kimura teaches a fuel cell vehicle with parking location controls in [0016], “parking lots, … there is a possibility that drainage may come into contact with residents or facilities, causing inconvenience … This configuration allows for drainage to be suppressed in roads and areas where drainage is undesirable, even without the user setting drainage control points.” And [0023-0024], “Furthermore, the memory 13 also stores user-defined information, including drainage control points … This configuration allows users to arbitrarily set drainage control points, such as their home parking space.” And [0038], “if the current position of vehicle 1 is not included in the drainage suppression points on the map data (S15: No), normal drainage control is performed in the same manner as in step S16 described above.” Which thus logically teaches when no longer located within a parking area drainage of the fuel cell is no longer suppressed.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the water storage disclosed in Kimura with reasonable expectation of success. The motivation for doing so would have been to controls the permission, restriction, or prohibition of wastewater discharge in accordance with those characteristics, see Kimura [0003].
Nakada discloses a fuel cell vehicle with driving assistance, but does not disclose parking assistance controls. However, Morita teaches a fuel cell vehicle driving assistance system with engine controls including: when and after it is determined that a predetermined part said traveling direction end of said fuel cell electric vehicle has reached or has entered said target departure position space, based on said actual feature point information while executing an departure assistance control as said driving assistance control to automatically move said fuel cell electric vehicle from a current position at which said fuel cell electric vehicle is parked to said target parking position. See [0045], “FIG. 2B, the ECU 10 sets a target position TP where the own vehicle can temporarily stop within the vicinity of the parking spot PS based on the information obtained from the in-vehicle sensors 20, and sets a route R leading to the target position TP. Thereafter, the ECU 10 executes processing similar to that during entry. That is, the ECU 10 performs control (exit control) to make the own vehicle proceed along the route R in accordance with the manner of remote operation (travel permission signal) by the user via the smartphone 60. When the ECU 10 determines that the own vehicle has reached the target position TP, it temporarily stops the own vehicle.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the parking departure limitations disclosed in Morita with reasonable expectation of success. The motivation for doing so would have been to perform parking assistance control for assisting parking of the hybrid vehicle, see Morita [0006].
Kimura, and Morita teach a fuel cell vehicle controller with water storage and driver assistance controls, but does not explicitly disclose a valet mode. However, Takechi teaches a vehicle driving assistance system with automated valet mode including the following: wherein, said predetermined target position is a target departure position that is set by said user; and said controller is configured to: store a predetermined target departure space which is an occupying space of said fuel cell electric vehicle when said fuel cell electric vehicle has reached a target departure position set by said user, in said nonvolatile memory in advance while associating said target departure space with feature point information obtained based on said image data; execute a departure assistance control, as another driving assistance control, to automatically move said fuel cell electric vehicle from a current position at which said fuel cell electric vehicle is parked to said target departure space so that said fuel cell electric vehicle occupies said target departure space, based on both said feature point information that has been stored and associated with said target departure space and actual feature point information that is newly obtained based on said image data; determine, while executing said departure assistance control, whether or not a traveling direction end of said fuel cell electric vehicle has reached or has entered said target departure space based on both said feature point information that has been stored and associated with said target departure space and image data that is newly obtained by said camera; See [0078], “local control server 120A includes, for example, infrastructural monitoring processing part 121 and parking-lot processing part 122. Infrastructural monitoring processing part 121 acquires, via … sensors include cameras that capture images of sites in automated valet parking lot P. “ And [0080], “control servers 120 such as first local control server 120A and first wide-area control server 120B according to the present embodiment are servers that control the travel of vehicles C in a predetermined area such as automated valet parking lot P or wide area A. Control servers 120 each include a processor and a memory as a specific hardware structure that implements infrastructural monitoring processing part 121 and parking-lot processing part 122 described above, or traffic information processing part 123 and autonomous driving assistance part 124 described above. The memory stores an end point, the end point being information indicating the location of corresponding control server 120 as a connection destination. The processor identifies vehicle C in response to a request from service server 110 that provides services relating to vehicle C to operation terminals M. The processor further causes vehicle connection server 130 connected to vehicle C via a wireless communication route to notify vehicle C of the end point stored in the memory.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the parking departure limitations disclosed in Morita with reasonable expectation of success. The motivation for doing so would have been to remotely operate vehicles unattended by drivers appropriately in parking lots, see Takechi [0029].
Claims 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nakada in view of Kimura et al., in further view of Morita, in further view of Matsunaga et al., US 20200242936 A1 (Hereinafter “Matsunaga”)(from IDS).
Claims 8 and 13 present similar limitations as presented in purview of Claims 5 and 11, in further view of Matsunaga where they describe a parking support apparatus that discloses the following: wherein said controller is configured to: execute said entering assistance control by moving said fuel cell electric vehicle forward to a forward guidance completion position at which a traveling direction of said fuel cell electric vehicle is switched from a forward direction to a backward direction, and then, moving said fuel cell electric vehicle backward to said target parking space; See [0102-0104], “The present apparatus is configured on the premise that the vehicle SV is moved backward to the parking position. Therefore, when the user parks the vehicle SV, the user firstly moves the vehicle SV and stop the vehicle SV at a first position from which the user believes the vehicle SV can be moved backward (or backed) to “a position at which the user wants/intends to park”, and thereafter, the user operates (e.g., turns on) the parking support switch 14 in a state in which the vehicle SV is stopped at the first position.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Nakada’s device with the parking departure limitations disclosed in Morita with reasonable expectation of success. The motivation for doing so would have been to perform automatic parking control based on the feature point information stored in the memory device and the actual feature point information, see Matsunaga [0030].
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN KEITH PALMARCHUK whose telephone number is (571)272-6261. The examiner can normally be reached M-F 7 AM - 5 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Mehdizadeh can be reached at (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/B.K.P./Examiner, Art Unit 3669
/KENNETH M DUNNE/Primary Examiner, Art Unit 3669
Prosecution Insights