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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
35 U.S.C. 101 requires that a claimed invention must fall within one of the four eligible categories of invention (i.e., process, machine, manufacture, or composition of matter) and must not be directed to subject matter encompassing a judicially recognized exception as interpreted by the courts. MPEP 2106. The four eligible categories of invention include: (1) process which is an act, or a series of acts or steps, (2) machine which is an concrete thing, consisting of parts, or of certain devices and combination of devices, (3) manufacture which is an article produced from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand labor or by machinery, and (4) composition of matter which is all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids. MPEP 2106(I).
Claims 1-6 are rejected under 35 U.S.C. 101 abstract idea, while the claims recite a series of steps or acts to be performed, as an example regarding claim 1, such as, “first region; and a second region arranged adjacent to the first region and having a color different from a color of the first region, wherein a boundary line between the first region and the second region is a straight line longer than a sum of a width of the first region in an arrangement direction of the first region and the second region and a width of the second region in the arrangement direction”.
Prong 1 analysis:
The steps do not amount to significantly more than the abstract idea. The recited steps could be implemented by the user or a human operator observing an image, recited steps “first region; and a second region arranged adjacent to the first region and having a color different from a color of the first region, wherein a boundary line between the first region and the second region”. Is a mental process, could be implemented by the user or a human operator, “processing data from the camera to identify a location and position of the vehicle” is a mental process that can be performed by a user to manually update a database. The steps do not amount to significantly more than the abstract idea, they are recited at a high level of generality and are conventional, well known and routine. The claim as a whole is an abstract idea. Accordingly, the analysis under prong one 1A of the Subject Matter Eligibility Test does not result in a conclusion of eligibility (See flowchart MPEP 2106).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.- -The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. There is insufficient antecedent basis for limitation “printed portion”. It is not clear how or what printed is. There is insufficient antecedent, how to perform printing. The scope of claims does not specify details of how printed in the claims are enabled or tied to the field of technology, in such a way as to enable one skilled in the art to which it pertains, to make or use the invention.
DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Maruoka et al (U.S. Pub. No.: 2020/0164920 A1).
Regarding claim 1, Maruoka discloses a towed vehicle mark to be provided on a towed vehicle that is couplable to a towing vehicle so as to be imaged by an imaging unit in the towing vehicle, the towed vehicle mark comprising (see abstract, a traction assist apparatus includes a memory and a hardware processor coupled to the memory. The hardware processor is configured to: acquire first coupling information representing a current coupling posture of a towed vehicle (trailer), to a towing vehicle (tractor or truck), and acquire second coupling information representing a future coupling posture of the towed vehicle where the towing vehicle moves backward at a current steering angle; and display a first “indicator and a second indicator” on a “display” device in a comparable mode, the first indicator indicating the towed vehicle corresponding to the first coupling information, the second indicator indicating the towed vehicle corresponding to the second coupling information.
Also page 4, paragraphs, [0037-0038] the first icon (the first indicator) indicating the current coupling posture of the towed vehicle and the second icon (the second indicator) indicating the future coupling posture of the towed vehicle are “displayed” in a comparable state. As a result, it is possible to easily grasp the behavior of the towed vehicle, that is, a direction of turn in the future, particularly when the towed vehicle 12 is moved backward by the towing vehicle 10. As a result, the towing vehicle 10 that controls the posture of the towed vehicle 12 can be steered more easily. In the passenger compartment, a display device 34 different from the display device 26 may be provided. As illustrated in FIG. 3, the display device 34 is provided on, for example, an instrument cluster 36 of the dashboard, and is located between a speed display unit 36a and a rotational speed display unit 36b at the approximate center of the instrument cluster 36. This display device 34 can display, for example, a “direction in which the towed vehicle” turns with respect to the towing vehicle and a message associated with the turning in a simple manner. The display device 34 can display, for example, an “indicator, a mark”, and an image representing character information that indicate a future turning direction of the towed vehicle 12 and the like in an auxiliary manner. The amount of information displayed on the display device 34 may be smaller than the amount of information displayed on the display device 26. The display device 34 is, for example, an LCD, an OELD, or the like. The information displayed on the display device 34 may be displayed on the display device 26.
Finally, page 10, paragraph, [0075] In S112, when the first coupling information acquisition unit 62 cannot acquire the current coupling angle θt (first coupling angle), the traction assist mode is temporarily stopped. Examples of the state where the coupling angle θt cannot be acquired include a case where surroundings of the towed vehicle 12 gets dark, so that the coupling member 20 and the towed vehicle 12 are not sufficiently recognizable with the captured image data of the imaging unit 24. In addition, there is a case where a recognition mark configured to recognize a posture of the towed vehicle 12 is attached to, for example, a front wall of the towed vehicle, and the presence of the towed vehicle 12 and the coupling posture of the towed vehicle are acquired by “detecting the recognition mark” on the captured image data. In this case, the recognition mark may become dirty due to dirt or the like and is not sufficiently detectable, or the periphery may become dark, so that the recognition mark is not detectable. Even in such a case, the acquisition of the coupling angle θt is not performed favorably. In addition, there is a case where the captured image data cannot be acquired due to a malfunction (failure or the like) of the imaging unit 24. Even in this case, the coupling angle θt cannot be acquired. In these cases, the real image P1 displayed on the display device 26 maintains the display of the current rear region of the towing vehicle);
a first region; and a second region arranged adjacent to the first region and having a color different from a color of the first region (see above, also page 3, paragraph, [0033] an imaging unit 24 is provided on a lower wall of a “rear hatch” on the rear side of the towing vehicle. The imaging unit can output moving image data (captured image data) at a predetermined frame rate. The imaging unit has a wide-angle lens or a fish-eye lens, and can capture a range of, for example, 140° to 220° in the horizontal direction. In addition, an optical axis of the imaging unit is set to the obliquely downward side. Accordingly, the imaging unit sequentially captures a “region including” a “rear end” of the towing vehicle, the coupling member, and at least a “front end” of the towed vehicle (for example, a range indicated by a two-dot chain line, see FIG. 1), and outputs the captured region as captured image data. The captured image data imaged by the imaging unit 24 can be used to detect a coupling posture (for example, first coupling information representing a coupling angle, presence or absence of coupling, or the like) between the towing vehicle 10 and the towed vehicle 12.
Also page 8, paragraphs, [0057] and [0060], for example, when display in the traction assist mode is requested by the driver and the first icon and the second icon can be drawn with sufficient drawing accuracy, a dedicated display region is formed on the screen 26a such that the first icon and the second icon can be easily viewed. The visibility of the first icon and the second icon is improved by, for example, preparing a “display region” whose background “color is black”. On the other hand, when the display in the traction assist mode is unnecessary or when the display accuracy of the first icon and the second icon is not sufficient, the dedicated display region (black background region or the like) is not displayed, and the display is switched to display in the normal monitoring mode in which a state around the towing vehicle 10 can be easily grasped, thereby improving the visibility. In addition to the first bird's-eye view region P21 displaying the third icon 10p, the bird's-eye view image P2 in the traction assist mode displays a second bird's-eye view region displaying the first icon 12p1 (the first indicator, the towed vehicle image) and the second icon 12p2 (the second indicator, the towed vehicle image) corresponding to the towed vehicle 12 as illustrated in FIG. 9. The second bird's-eye view region P22 is a region schematically illustrating the coupling angle θt (coupling posture) of the towed vehicle 12 to the towing vehicle. The second bird's-eye view region P22 displays, for example, the first icon 12p1 (for example, a white icon) indicating the current coupling posture (first coupling information) of the towed vehicle 12 and the second icon 12p2 (for example, a yellow icon) indicating the future coupling posture (second coupling information) of the towed vehicle 12 on a black background. Since the first icon 12p1 and the second icon 12p2 are displayed in the second bird's-eye view region P22 having the different background from the first bird's-eye view region P21 representing the third icon 10p that is the towing vehicle image in this manner, the display of the first icon 12p1 and the second icon 12p2 is made conspicuous, which can contribute to the improvement of visibility. In addition, as the second bird's-eye view region P22 is not displayed during the normal monitoring mode, it is easy for the user to intuitively understand that the screen is in the normal monitoring mode);
wherein a boundary line between the first region and the second region is a straight line longer than a sum of a width of the first region in an arrangement direction of the first region and the second region and a width of the second region in the arrangement direction (see page 3, paragraph, [0031] a traction device 18 (hitch) configured to tow the towed vehicle 12 protrudes from a lower portion of, for example, a central portion in a vehicle width direction of a rear bumper 16 of the towing vehicle 10. The traction device 18 is fixed to, for example, a frame of the towing vehicle 10. The traction device 18 includes, as an example, a hitch ball 18a having a spherical distal end that is erected in the vertical direction (vehicle up-down direction), and the hitch ball 18a is covered with a coupler provided at the distal end of a coupling member 20 fixed to the towed vehicle. As a result, the towing vehicle 10 and the towed vehicle 12 are coupled, and the towed vehicle 12 can swing (turn) in the vehicle width direction with respect to the towing vehicle 10. That is, a hitch ball 18a transmits a front/rear/left/right motion to the towed vehicle 12 (the coupling member 20), and receives power of acceleration or deceleration.
Also page 5, paragraph, [0048] the first coupling information acquisition unit 62 acquires a first coupling angle indicating a current coupling posture of the towed vehicle 12 to the towing vehicle 10. The first coupling information acquisition unit 62 acquires the coupling angle (coupling posture) of the towed vehicle 12 by analyzing the captured image data imaged by the imaging unit 24. The image based on the captured image data imaged by the imaging unit 24 includes, for example, the rear bumper 16 of the towing vehicle 10, the traction device, the coupling member 20, and part of the distal end of the towed vehicle 12 as described above. The traction device 18 is generally fixed on a “center axis” in a front-rear direction of the towing vehicle 10 (a central portion in the vehicle width direction) in order that the towed vehicle 12 may follow the towing vehicle 10 straight when the towing vehicle 10 moves “straight forward”, for example. Therefore, the first coupling information acquisition unit 62 can acquire the first coupling angle by extracting the coupling member coupled to the traction device 18 on the captured image and detecting an inclination of the coupling member 20 with respect to the center axis. When the towing vehicle 10 includes an angle sensor or the like that detects the coupling state (a coupling angle) between the traction device 18 and the coupling member 20, the first coupling angle may be acquired based on a detection result of the angle sensor.
Finally, page 6, paragraph, [0053] in another embodiment, for example, when the towed vehicle 12 is turning around the turning center position G in the balance state, the axle of the trailer wheel 22 of the towed vehicle 12 exists at a position where a “straight line” B passing through the turning “center position G is perpendicular to a straight line” A passing through the coupling center axis N (the center axis of the towed vehicle 12). Therefore, first, information (for example, a formula of the straight line A) indicating the straight line A, which passes through the traction device 18 and has an inclination of the coupling angle θt, is acquired on FIG. 7. In addition, the turning center position G (coordinates of Gc) is acquired from the steering angle (a steered angle) θc of the towing vehicle 10 and the wheelbase length LV. Information (for example, a formula of the straight line B) indicating the straight line B, which passes through this turning center position G (Gc) and has an inclination of (π/2)−θt, is acquired, and information (coordinates of the trailer wheel 22) on an “intersection point S” of the straight line A and the straight line B is acquired. As a result, it is possible to estimate a length of the wheelbase length LT of the towed vehicle 12 based on coordinates of the traction device 18 and coordinates of the intersection point S.
Regarding claim 4, Maruoka discloses a mark detection device comprising: an acquisition unit configured to acquire captured image data obtained by imaging the towed vehicle mark according to claim 1, from the imaging unit; and a detection unit configured to detect the towed vehicle mark from the captured image data and detect a straight line corresponding to the boundary line from the detected towed vehicle mark (see claim 1, also page 5, paragraph, [0048], the first coupling information acquisition unit 62 acquires the coupling angle (coupling posture) of the towed vehicle by analyzing the “captured image” data imaged by the imaging unit 24. The image based on the captured image data imaged by the imaging unit 24 includes, for example, the “rear bumper” of the towing vehicle, the traction device 18, the coupling member 20, and part of the distal end of the towed vehicle 12 as described above. The traction device 18 is generally fixed on a “center axis” in a front-rear direction of the towing vehicle 10 (a central portion in the vehicle width direction) in order that the towed vehicle 12 may follow the towing vehicle 10 straight when the towing vehicle 10 moves “straight forward”, for example. Therefore, the first coupling information acquisition unit 62 can acquire the first coupling angle by extracting the coupling member coupled to the traction device 18 on the captured image and detecting an inclination of the coupling member 20 with respect to the center axis. When the towing vehicle 10 includes an angle sensor or the like that detects the coupling state (a coupling angle) between the traction device 18 and the coupling member 20, the first coupling angle may be acquired based on a detection result of the angle sensor.
Also page 6, paragraphs, [0053-0054] In another embodiment, for example, when the towed vehicle 12 is turning around the turning center position G in the balance state, the axle of the trailer wheel 22 of the towed vehicle 12 exists at a position where a straight line B passing through the turning center position G is perpendicular to a straight line A passing through the coupling center axis N (the center axis of the towed vehicle 12). Therefore, first, information (for example, a formula of the straight line A) indicating the straight line A, which passes through the traction device 18 and has an inclination of the coupling angle θt, is acquired on FIG. 7. Information (for example, a formula of the straight line B) indicating the straight line B, which passes through this turning center position G (Gc) and has an inclination of (π/2)−θt, is acquired, and information (coordinates of the trailer wheel 22) on an “intersection” point S of the straight line A and the straight line B is acquired. As a result, it is possible to estimate a length of the wheelbase length LT of the towed vehicle 12 based on coordinates of the traction device 18 and coordinates of the intersection point S. the comparison unit 64c compares the towed vehicle turning center position Gt and the towing vehicle turning center position Gc acquired by the turning center position calculation unit 64b, and detects whether the coupling state between the towing vehicle 10 and the towed vehicle).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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 2, 3, 5 and 6 are rejected under 35 U.S.C. 103(a) as being unpatentable over Maruoka et al (U.S. Pub. No.: 2020/0164920 A1) in view of Olutomilayo et al (U.S. Pub. No: 2024/0202970 A1).
Regarding claim 2, Maruoka, discloses the towed vehicle mark according to claim 1, further comprising: a “printed portion” on a side in a direction intersecting the arrangement direction with respect to the first region and the second region (see page 2, paragraph [0020], on a side in a direction intersecting the arrangement direction with respect to the first region and the second region. Also page 3, paragraph, [0048] FIG. 6, the monitor device includes a display screen. The display screen includes a camera image “display portion” as a captured image display portion and an operation image display portion. The camera image display portion of the display screen displays an image or a moving image of the “rearward area” from the trailer captured by the camera when the backward movement of the towing vehicle is operated. In addition, the monitor device includes the touch screen. The touch screen is configured to receive inputs regarding the towing assist control. The touch operation to the operation “image display portion” of the display screen is used as an input regarding the towing assist control when the towing vehicle 1 moves backward.
Also pages 6 and 9, paragraphs, [0084] and [0118], the model display processing portion is configured to display an operation image IM on the operation image “display portion”. The operation image IM includes a vehicle model M1, a connector model M2, the trailer model M3. The vehicle model schematically represents the towing vehicle. The connector model M2 schematically represents the connector. The trailer model M3 schematically represents the trailer 3. The steering auxiliary line M5 is an arc about the connector model M2. The trailer model position auxiliary line M6 is a line obtained by extending a line that divides the trailer model M3 equally in the vehicle width direction to the connector model M2. The operation image display portion 122 displays the models M1 to M6 viewed from above. Further, the operation image display portion 122 displays the operation image IM so as to the left-right direction of the driver is coincident with the vehicle width direction of the towing vehicle 1. The vehicle model M1 is displayed on the upper side of the operation image display portion 122 and the trailer model M3 is displayed on the bottom side thereof. The model display processing portion 220 displays a steering allowable range display model Mas superimposed on the trailer model M3. The steering allowable range display model Mas will be described below. The model display processing portion of the towing assist device A in the first embodiment displays the vehicle model representing the towing vehicle and the trailer model representing the trailer 3 as viewed from above. Accordingly, the operator such as the driver can intuitively recognize the actual movement direction of the trailer 3 with respect to the towing vehicle 1, which improves the operability of the towing assist device A).
But does not explicitly state “a printed portion”.
On the other hand, Olutomilayo, in the same field of “towing assist device includes an imaging device”, teaches (see page 4, paragraphs, [0037-0039] FIG. 4 is a diagram of an example trailer 400. Trailer includes a hitch coupler 402 and a fiducial marker 404 attached to one of the arms of the trailer tongue 406. The fiducial marker 404 can be a printed sticker that is adhesively attached to the trailer tongue 406, for example. Trailer 400 can also include a trailer axis 408. Trailer axis 408 can be a line determined based on the hitch coupler 402 and a trailer center point 410. The trailer center point 410 can be determined by determining a center point between trailer wheels, for example. The trailer axis will be used to determine a trailer angle with respect to a vehicle axis 210 as illustrated in FIG. 5, below. FIG. 6 is a diagram of a trailer 400 attached to a vehicle. FIG. 6 illustrates how fiducial marker-based trailer angle estimation is calibrated. To calibrate fiducial marker-based trailer angle estimation, the vehicle 110 is operated along a straight line path in a direction indicated by the arrow 600. The straight line path is parallel to the vehicle axis 210 and will pull the trailer 400 into alignment with the vehicle so that the trailer axis 408 aligns with the vehicle axis 210. One or more images of the trailer 400 including the fiducial marker 404 is acquired by the camera and processed with image processing software included in a computing device included in vehicle 110 as discussed in relation to FIG. 3 to locate the fiducial marker. When the plurality of images are acquired, the images can be filtered to average out small variations in the fiducial marker location due to random movements of the trailer as it is being towed along the straight line path to determine a fiducial marker straight-line location 602. The fiducial marker straight-line location 602 can be combined with the hitch center 500 to determine a fiducial marker offset line 604 (dashed line).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the Maruoka invention according to the teaching of Olutomilayo, because to combine, “displays the operation image IM so as to the left-right direction of the driver is coincident with the vehicle width direction of the towing vehicle 1. The vehicle model M1 is displayed on the upper side of the operation image display portion and the trailer model M3 is displayed on the bottom side thereof. Maruoka, with the Olutomilayo invention that teaches the parking assistance system recognizes the towed vehicle, trailer includes a hitch coupler and a fiducial marker attached to one of the arms of the trailer tongue. The fiducial marker can be a printed sticker that is adhesively attached to the trailer tongue, the recognition unit 146 may consider that the towed vehicle 20 is connected to the towing vehicle. This provides for a printed mark that can be used for recognizing a towed vehicle in relation to the towing vehicle when they are coupled.
Regarding claim 5, Maruoka discloses a mark detection device comprising: an acquisition unit configured to acquire captured image data obtained by imaging the towed vehicle mark according to claim 2 from the imaging unit; and a detection unit configured to detect the towed vehicle mark from the captured image data and detect a straight line corresponding to the boundary line from the detected towed vehicle mark (see claim 1, also page 5, paragraph, [0048], the first coupling information acquisition unit 62 acquires the coupling angle (coupling posture) of the towed vehicle by analyzing the “captured image” data imaged by the imaging unit 24. The image based on the captured image data imaged by the imaging unit 24 includes, for example, the “rear bumper” of the towing vehicle, the traction device 18, the coupling member 20, and part of the distal end of the towed vehicle 12 as described above. The traction device 18 is generally fixed on a “center axis” in a front-rear direction of the towing vehicle 10 (a central portion in the vehicle width direction) in order that the towed vehicle 12 may follow the towing vehicle 10 straight when the towing vehicle 10 moves “straight forward”, for example. Therefore, the first coupling information acquisition unit 62 can acquire the first coupling angle by extracting the coupling member coupled to the traction device 18 on the captured image and detecting an inclination of the coupling member 20 with respect to the center axis. When the towing vehicle 10 includes an angle sensor or the like that detects the coupling state (a coupling angle) between the traction device 18 and the coupling member 20, the first coupling angle may be acquired based on a detection result of the angle sensor.
Also page 6, paragraphs, [0053-0054] In another embodiment, for example, when the towed vehicle 12 is turning around the turning center position G in the balance state, the axle of the trailer wheel 22 of the towed vehicle 12 exists at a position where a straight line B passing through the turning center position G is perpendicular to a straight line A passing through the coupling center axis N (the center axis of the towed vehicle 12). Therefore, first, information (for example, a formula of the straight line A) indicating the straight line A, which passes through the traction device 18 and has an inclination of the coupling angle θt, is acquired on FIG. 7. Information (for example, a formula of the straight line B) indicating the straight line B, which passes through this turning center position G (Gc) and has an inclination of (π/2)−θt, is acquired, and information (coordinates of the trailer wheel 22) on an “intersection” point S of the straight line A and the straight line B is acquired. As a result, it is possible to estimate a length of the wheelbase length LT of the towed vehicle 12 based on coordinates of the traction device 18 and coordinates of the intersection point S. The comparison unit 64c compares the towed vehicle turning center position Gt and the towing vehicle turning center position Gc acquired by the turning center position calculation unit 64b, and detects whether the coupling state between the towing vehicle 10 and the towed vehicle).
With regard to claims 3 and 6 the arguments analogous to those presented above for claims 1, 4, 5, are respectively applicable to claims 3 and 6.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seyed Azarian whose telephone number is (571) 272-7443. The examiner can normally be reached on Monday through Thursday from 6:00 a.m. to 7:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Matthew Bella, can be reached at (571) 272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED H AZARIAN/Primary Examiner, Art Unit 2667
September 16, 2026
