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 .
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: “external environment information grasping unit” in claims 1.
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 § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16,19-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tauchi (US 20050231340 A1).
Regarding claim 1, Tauchi discloses a display control device that is used in a vehicle that provides display assistance for passing an oncoming vehicle on a narrow road ([0024] driving assistance system is included in a navigation device 20, an inter-vehicle communications device 131, a front monitor camera 132, and a rear monitor camera 133.), the device comprising:
a display control unit configured to control display by a screen display device and a head-up display ([0025] display unit 26 for displaying maps or various information); and
an external environment information grasping unit configured to grasp information of the oncoming vehicle that is a passing target when a subject vehicle that is the vehicle travels on the narrow road ([0050] information of the current position of the subject vehicle and information of the vehicle's advancing direction are sent to the oncoming vehicle, while comparable information is received from the oncoming vehicle. Namely, this comparable information includes information of a current position of the oncoming vehicle and information of the oncoming-vehicle's advancing direction),
wherein the display control unit is configured to:
when the oncoming vehicle is grasped, cause the head-up display to perform overlapping display of a first assistance image with a foreground of the subject vehicle, the first assistance image assisting a driver in lateral position adjustment in an outward direction of the narrow road ([0051] positional relationship between the subject vehicle and the oncoming vehicle is computed based on the modified information of the current position and the advancing direction of the subject vehicle and the current position and the advancing direction of the oncoming vehicle; then, the computed positional relationship is shown in the display unit 26 by using a vehicular model); and
after the first assistance image is displayed, display, on the screen display device, an external environment image in which a second assistance image that assists passing overlaps with a capture image showing a road surface in a periphery of the subject vehicle ([0068] a movement instruction is outputted to the oncoming vehicle and the movement instruction is shown in the display unit, [0069] departing degree of the both frames in the vehicle's width direction is shown in a numeral (50 cm in FIG. 11A). Further, "passable" is also shown in the screen view 51. The size of the vehicle frame is changed based on the state where a door mirror is opened or closed.).
Regarding claim 2, Tauchi discloses the display control unit is configured to perform the overlapping display of the first assistance image including at least a subject vehicle width guide line indicating a position of an outer edge in a width direction of the subject vehicle ([0069] The vehicular models 511, 513 are surrounded by frames of dotted lines. A departing degree of the both frames in the vehicle's width direction is shown in a numeral)
Regarding claim 3, Tauchi discloses the display control unit is configured to overlap the second assistance image with the captured image, the second assistance image including at least a subject vehicle width highlighting line that indicates a position of an outer edge of the subject vehicle in a width direction ([0070] An overlapping degree of the both frames in the vehicle's width direction is shown in a numeral (50 cm in FIG. 11B).).
Regarding claim 4, Tauchi discloses the external environment information grasping unit grasps a situation of a road edge in the outward direction toward an outside of the narrow road ([0118] , information of a road width or a position of a road side (e.g., a side ditch, or a side wall) can be shown at the same time.),
the display control unit is configured to:
perform the overlapping display of the first assistance image including a road edge guide line indicating a position of the road edge together with the subject vehicle width guide line ([0118] vehicular models for the subject vehicle and the opponent vehicle are shown to mainly indicate the relative positional relationship of the subject vehicle and the opponent vehicle); and
change an overlapping position of the road edge guide line depending on a situation of the road edge ([0071] , a distance (50 cm in FIG. 11C) from the vehicular model 531 to a wall 539a and a distance (30 cm in FIG. 11C) from the vehicular model 533 to a wall 539b are shown in the screen view).
Regarding claim 5, Tauchi discloses the display control unit overlaps the second assistance image with the captured image, the second assistance image including at least a road edge highlighting line that indicates a position of the road edge ([0071] , a distance (50 cm in FIG. 11C) from the vehicular model 531 to a wall 539a and a distance (30 cm in FIG. 11C) from the vehicular model 533 to a wall 539b are shown in the screen view).
Regarding claim 6, Tauchi discloses the external environment information grasping unit grasps a situation of a road edge in the outward direction toward an outside of the narrow road ([0118] , information of a road width or a position of a road side (e.g., a side ditch, or a side wall) can be shown at the same time.), and
the display control unit stops the overlapping display of the first assistance image when the road edge is in a complex state ([0071] , a distance (50 cm in FIG. 11C) from the vehicular model 531 to a wall 539a and a distance (30 cm in FIG. 11C) from the vehicular model 533 to a wall 539b are shown in the screen view).
Regarding claim 7, Tauchi discloses the display control unit is configured to:
perform the overlapping display of the first assistance image including at least an oncoming vehicle guide line that indicates a position of an outer edge in an inward direction of the oncoming vehicle ([0071] , a distance (50 cm in FIG. 11C) from the vehicular model 531 to a wall 539a and a distance (30 cm in FIG. 11C) from the vehicular model 533 to a wall 539b are shown in the screen view).; and
when a behavior of the oncoming vehicle is unstable, stop displaying the oncoming vehicle guide line ([0066] It is when the most protruding portion (door mirror or over-fender) of the subject vehicle passes the most protruding portion of the oncoming vehicle).
Regarding claim 8, Tauchi discloses the display control unit is configured to:
provide notification indicating an appearance of the oncoming vehicle based on recognition of the oncoming vehicle ([0051] the vehicular model of the oncoming vehicle can be retrieved from the vehicular model database by using vehicle type information of the oncoming vehicle obtained when communicating with the oncoming vehicle); and
cause the head-up display to display a passing notification image prior to the first assistance image ([0064] When both vehicles are determined to be passable, the sequence goes to Step S335. When determined to be impassable, the sequence goes to Step S 340.), and
an information amount of the passing notification image is less than an information amount of the first assistance image ([0066] the sequence branches by whether vehicles' passing is complete (or whether both the vehicles completely pass each other). When vehicles' passing is complete, the vehicle-passing determining process 1 ends.).
Regarding claim 9, Tauchi discloses the display control unit stops the overlapping display of the first assistance image in at least one of a case where a preceding vehicle larger than the subject vehicle is traveling on the narrow road or a case where a vehicle-to-vehicle distance from the subject vehicle to the preceding vehicle is less than a following threshold ([0070] overlapping degree of the both frames in the vehicle's width direction is shown in a numeral (50 cm in FIG. 11B). Further, "impassable" is also shown in the screen view 52.).
Regarding claim 10, Tauchi discloses the display control unit stops the overlapping display of the first assistance image when the oncoming vehicle approaches the subject vehicle at a speed exceeding an approach threshold ( [0098] When a speed is the given speed or less, the sequence goes to Step S615. When a speed is not the given speed or less, this process ends.).
Regarding claim 11, Tauchi discloses when the oncoming vehicle approaches the subject vehicle at a speed exceeding the approach threshold, the display control unit causes the head-up display to perform the overlapping display of an alternative assistance image that assists the lateral position adjustment earlier than the first assistance image.
Regarding claim 12, Tauchi discloses the display control unit changes a content of a completion notification image notifying completion of the lateral position adjustment when the oncoming vehicle approaches the subject vehicle at a speed exceeding the approach threshold, depending on a size of the oncoming vehicle ([0104] At Step S640, it is determined whether vehicles' passing is complete. This determination is executed by the comparable manner (Step S355 in FIG. 4, Step S455 in FIG. 5) as in the vehicle-passing determining processes 1, 2.).
Regarding claim 13, Tauchi discloses the display control unit is configured to:
in a narrow road mode that starts based on an entry into the narrow road, cause the head-up display to display a narrow road traveling image showing traveling on the narrow road (00118] , information of a road width or a position of a road side (e.g., a side ditch, or a side wall) can be shown at the same time. This enables the driver to confirm how close the subject vehicle can approach a road side, whether an opponent vehicle can be passed, or the like, so that smooth vehicles' passing can be achieved.); and
change an expression for removing the narrow road traveling image in a different manner between an interruption scene in which a road width of the narrow road temporarily widens and an end scene in which the narrow road ends ([0081] When vehicles' passing is complete, the vehicle-passing determining process 2 ends. When vehicles' passing is not complete, the sequence returns to Step S420.).
Regarding claim 14, Tauchi discloses when the narrow road mode is cancelled during travelling on the narrow road, the display control unit changes the expression for removing the narrow road traveling image according to a reason for cancellation of the narrow road mode ([0081] When vehicles' passing is complete, the vehicle-passing determining process 2 ends. When vehicles' passing is not complete, the sequence returns to Step S420.).
Regarding claim 15, Tauchi discloses together with display of the external environment image by the screen display device, the display control unit displays an icon assistance image that assists the lateral position adjustment using a subject vehicle icon representing the subject vehicle in place of the first assistance image ([0084] the current position information of the leading oncoming vehicle can be computed based on the image of the leading oncoming vehicle photographed by the following oncoming vehicle.).
Regarding claim 16, Tauchi discloses when the subject vehicle is in a state where the subject vehicle is possible to pass the oncoming vehicle, the display control unit switches a content of the external environment image to a rear image obtained by overlapping a trajectory image showing a movement trajectory of the subject vehicle with the capture image showing a rear of the subject vehicle ([0085] the current position information of the following vehicle can be computed based on the image of the following vehicle photographed by the rear monitor camera 133 of the subject vehicle)
Regarding claim 19, Tauchi discloses a mirror folding unit configured to start folding a side mirror of the subject vehicle after the subject vehicle is in a state where the subject vehicle is possible to pass the oncoming vehicle ([0109] According to the door mirror opening/closing process, a driver can focus on driving without needing to operate switching for opening and closing a door mirror.).
Regarding claim 20, Tauchi discloses a non-transitory computer-readable storage medium storing ([0025] storage medium storing map data or various information)
a display control program that is used in a vehicle that provides display assistance for passing an oncoming vehicle on a narrow road ([0024] driving assistance system is included in a navigation device 20, an inter-vehicle communications device 131, a front monitor camera 132, and a rear monitor camera 133.), the program being configured to:
grasp information of the oncoming vehicle that is a passing target when a subject vehicle that is the vehicle travels on the narrow road ([0050] information of the current position of the subject vehicle and information of the vehicle's advancing direction are sent to the oncoming vehicle, while comparable information is received from the oncoming vehicle. Namely, this comparable information includes information of a current position of the oncoming vehicle and information of the oncoming-vehicle's advancing direction);
when the oncoming vehicle is grasped, cause a head-up display to perform overlapping display of a first assistance image with a foreground of the subject vehicle, the first assistance image assisting a driver in lateral position adjustment in an outward direction of the narrow road ([0051] positional relationship between the subject vehicle and the oncoming vehicle is computed based on the modified information of the current position and the advancing direction of the subject vehicle and the current position and the advancing direction of the oncoming vehicle; then, the computed positional relationship is shown in the display unit 26 by using a vehicular model); and
after the first assistance image is displayed, display, on a screen display device, an external environment image in which a second assistance image that assists passing overlaps with a capture image showing a road surface in a periphery of the subject vehicle ([0068] a movement instruction is outputted to the oncoming vehicle and the movement instruction is shown in the display unit, [0069] departing degree of the both frames in the vehicle's width direction is shown in a numeral (50 cm in FIG. 11A). Further, "passable" is also shown in the screen view 51. The size of the vehicle frame is changed based on the state where a door mirror is opened or closed.).
Regarding claim 21, Tauchi discloses A display control device that is used in a vehicle that provides display assistance for passing an oncoming vehicle on a narrow road ([0024] driving assistance system is included in a navigation device 20, an inter-vehicle communications device 131, a front monitor camera 132, and a rear monitor camera 133.), the device comprising:
a processor ([0032] The control unit 29 mainly includes a micro-computer consisting of a CPU, a ROM, a RAM, an I/O, and a bus line connecting the foregoing components.); and
a memory coupled to the processor and storing program instructions that when executed by the processor ([0025] storage medium storing map data or various information) cause the processor to at least:
control display by a screen display device and a head-up display;
grasp information of the oncoming vehicle that is a passing target when a subject vehicle that is the vehicle travels on the narrow road ([0050] information of the current position of the subject vehicle and information of the vehicle's advancing direction are sent to the oncoming vehicle, while comparable information is received from the oncoming vehicle. Namely, this comparable information includes information of a current position of the oncoming vehicle and information of the oncoming-vehicle's advancing direction);
when the oncoming vehicle is grasped, cause the head-up display to perform overlapping display of a first assistance image with a foreground of the subject vehicle, the first assistance image assisting a driver in lateral position adjustment in an outward direction of the narrow road ([0051] positional relationship between the subject vehicle and the oncoming vehicle is computed based on the modified information of the current position and the advancing direction of the subject vehicle and the current position and the advancing direction of the oncoming vehicle; then, the computed positional relationship is shown in the display unit 26 by using a vehicular model); and
after the first assistance image is displayed, display, on the screen display device, an external environment image in which a second assistance image that assists passing overlaps with a capture image showing a road surface in a periphery of the subject vehicle ([0068] a movement instruction is outputted to the oncoming vehicle and the movement instruction is shown in the display unit, [0069] departing degree of the both frames in the vehicle's width direction is shown in a numeral (50 cm in FIG. 11A). Further, "passable" is also shown in the screen view 51. The size of the vehicle frame is changed based on the state where a door mirror is opened or closed.).
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.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tauchi (US 20050231340 A1) as applied to claim 1 above, and further in view of Komatsu et al (US r A1).
Regarding claim 17, Tauchi is silent the display control unit switches a content of the external environment image to a front blind spot image including the capture image showing a blind spot range in front of the subject vehicle based on a start of passing between the subject vehicle and the oncoming vehicle.
Komatsu discloses the display control unit switches a content of the external environment image to a front blind spot image including the capture image showing a blind spot range in front of the subject vehicle based on a start of passing between the subject vehicle and the oncoming vehicle ([0141] sensing results obtained in the sensing region 102L and the sensing region 102R are available for detection of an object located at a side blind spot of the vehicle 1 or the like.)
Tauchi and Komatsu are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify driver assistance system of Tauchi to include the display control unit switches a content of the external environment image to a front blind spot image including the capture image showing a blind spot range in front of the subject vehicle based on a start of passing between the subject vehicle and the oncoming vehicle as described by Komatsu.
The motivation for doing so would have been to superimposing visual information associated with driving assistance at least either within a visual field of a driver, or on a surrounding image indicating surroundings of a moving body and presented to the driver, the visual information being superimposed on the basis of at least any one of a sensing result around the moving body, information acquired from an outside, and information accumulated on the moving body. (Komatsu, [0007]).
Therefore, it would have been obvious to combine Tauchi and Komatsu to obtain the invention as specified in claim 17.
Regarding claim 18, Tauchi is silent a driver state grasping unit configured to grasp a driver state of the subject vehicle,
Wherein when drowsiness or fatigue of the driver is detected by the driver state grasping unit, the display control unit causes the head-up display to display a stop guide image that guides the driver to stop the subject vehicle before completion of the lateral position adjustment by the subject vehicle.
Komatsu discloses a driver state grasping unit configured to grasp a driver state of the subject vehicle ([0122] a recognition process for recognizing a state of the driver, and other processes on the basis of sensor data received from the inside senso),
Wherein when drowsiness or fatigue of the driver is detected by the driver state grasping unit, the display control unit causes the head-up display to display a stop guide image that guides the driver to stop the subject vehicle before completion of the lateral position adjustment by the subject vehicle ([0122] state of the driver corresponding to a recognition target include a physical condition, a wakefulness level, a concentration level, a fatigue level, a visual line direction, a drunkenness level, driving manipulation, a posture, and the like.).
Tauchi and Komatsu are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify driver assistance system of Tauchi to include a driver state grasping unit configured to grasp a driver state of the subject vehicle, wherein when drowsiness or fatigue of the driver is detected by the driver state grasping unit, the display control unit causes the head-up display to display a stop guide image that guides the driver to stop the subject vehicle before completion of the lateral position adjustment by the subject vehicle as described by Komatsu.
The motivation for doing so would have been to superimposing visual information associated with driving assistance at least either within a visual field of a driver, or on a surrounding image indicating surroundings of a moving body and presented to the driver, the visual information being superimposed on the basis of at least any one of a sensing result around the moving body, information acquired from an outside, and information accumulated on the moving body. (Komatsu, [0007]).
Therefore, it would have been obvious to combine Tauchi and Komatsu to obtain the invention as specified in claim 18.
Conclusion
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/SHIVANG I PATEL/Primary Examiner, Art Unit 2615
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