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
The amendment of 08/06/2025 has been entered. Claims 1-6 are currently pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers filed on 08/06/2025 as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/06/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
At 0078 lines 3-4 “a towed vehicle to be towed by the towing vehicle (3)” should read --a towed vehicle (3) to be towed by the towing vehicle (2)--.
Appropriate correction is required.
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:
“a parking start position acquiring unit” in claim 1. The generic placeholder “unit” is linked by linking word “configured to” to the functional limitation “acquire a parking start position” without reciting the structure of the unit capable of performing the recited function.
“a parking target position acquiring unit” in claim 1. The generic placeholder “unit” is linked by linking word “configured to” to the functional limitation “acquire a parking target position” without reciting the structure of the unit capable of performing the recited function.
“a travel trajectory generation unit” in claim 1. The generic placeholder “unit” is linked by linking word “configured to” to the functional limitation “generate a travel trajectory from the parking start position to the parking target position” without reciting the structure of the * capable of performing the recited function.
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. A review of the specification has returned the following respective structures:
a processing algorithm of parking assistance ECU 23 (0028 lines 8-12) including acquiring the current position of the towing vehicle 2 and the towed vehicle 3 as the parking start position (0053 lines 2-3)
a processing algorithm of parking assistance ECU 23 (0028 lines 8-12) including obtaining the desired parking position from the user (0053 lines 6-8)
a processing algorithm of parking assistance ECU 23 (0028 lines 8-12)
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 Objections
Claims 4-6 are objected to because of the following informalities:
At claims 4-6 line 5 “the turn position” should read --the turning position--.
At claims 4-6 line 7 “the turning curvature” should read --the predetermined turning curvature--.
Appropriate correction is required.
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.
Claims 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to mental processes and mathematical concepts without significantly more.
Claim 1 recites a parking assistance device (a) for assisting in parking a towing vehicle and a towed vehicle to be towed by the towing vehicle when the towing vehicle and the towed vehicle are connected, the parking assistance device comprising (judicial exceptions in bold and additional elements underlined):
a parking start position acquiring unit configured to acquire a parking start position;
a parking target position acquiring unit configured to acquire a parking target position; and
a travel trajectory generation unit configured to generate a travel trajectory from the parking start position to the parking target position,
wherein the travel trajectory includes a forward section in which forward movement is performed from the parking start position according to a set forward trajectory and a backward section in which backward movement is performed from a turning position set on the forward trajectory to the parking target position, and
the travel trajectory generation unit sets a plurality of candidate turning positions on the forward trajectory of the towing vehicle in the forward section,
calculates, for the respective plurality of candidate turning positions, travel trajectories of the towed vehicle as backward trajectories when the backward movement is assumed to be started from the candidate turning positions set on the forward trajectory of the towing vehicle, and
compares the calculated backward trajectories of the towed vehicle for the respective plurality of candidate turning positions, and sets the turning position based on a comparison result.
The analysis of claim 1 continues as:
Step 2A prong 1: The claim recites:
the mental processes of limitations (d)-(h).
Step 2A prong 2: The claim recites:
the additional elements of limitations (a), (b), and (c).
These judicial exceptions are not integrated into a practical application because the additional element (a) only generally links the use of the judicial exceptions to a particular technological environment or field of use (see MPEP §2106.05(h)) and additional elements (b) and (c) support extra-solution mere data gathering steps required for performance of the abstract ideas of limitations (d)-(h).
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because additional element (a) only generally links the use of the judicial exceptions to a particular technological environment or field of use (see MPEP §2106.05(h)) and additional elements (b) and (c) support extra-solution mere data gathering steps required for performance of the abstract ideas of limitations (d)-(h). Even when considered in combination, these additional elements do not provide an inventive concept.
Claims 2-6 do not recite any further additional elements and therefore do not recite any additional elements capable of integrating the recited abstract ideas into a practical application or providing an inventive concept.
These rejections may be overcome by amending the claim to recite controlling the towing vehicle based on the set turning position.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
HAMIGUCHI (JP 2022-107175, provided by Applicant on 08/06/2025 IDS) and ZHU (US 11,247,700) are the closest prior art of record.
Regarding claim 1, HAMIGUCHI discloses a parking assistance device (0001 lines 1-2) for assisting in parking a towing vehicle (3) and a towed vehicle (4) to be towed by the towing vehicle when the towing vehicle and the towed vehicle are connected (Fig. 2), the parking assistance device comprising:
a parking start position acquiring unit (21, 0036 line 1) configured to acquire a parking start position (A1, 0038 lines 1-3);
a parking target position acquiring unit (22, 0036 line 1) configured to acquire a parking target position (A2, 0039 lines 1-3); and
a travel trajectory generation unit (24, 0036 line 1) configured to generate a travel trajectory from the parking start position to the parking target position (R1,R2, Fig. 6, 0041 lines 1-2), wherein
the travel trajectory includes a forward section (R1, Fig. 6) in which forward movement is performed from the parking start position (A1) according to a set forward trajectory (Fig. 6) and a backward section (R2, Fig. 6) in which backward movement is performed from a turning position (A3, Fig. 6) set on the forward trajectory (Fig. 6) to the parking target position (A2, Fig. 6).
ZHU teaches a travel trajectory generation unit (305, Fig. 5, col. 10 lines 18-24) configured to generate a travel trajectory (Figs. 6A-6B) from a start position (600, Fig. 6A, col. 10 line 56) to a stop position (end point of 402N, Fig. 6B), wherein
the travel trajectory includes a forward section (401, Fig. 6A) in which forward movement is performed from the parking start position (600) according to a set forward trajectory (col. 10 lines 44-47) and a backward section (402, Fig. 6B) in which backward movement is performed from a turning position (path points, e.g., 601-603, Fig. 6A) set on the forward trajectory (col. 10 lines 52-54)(col. 10 line 64 - col. 11 line 2) to the stop position (end point of 402, Fig. 6B), and
the travel trajectory generation unit
sets a plurality of candidate turning positions (path points, col. 10 lines 49-50) on the forward trajectory of the vehicle in the forward section (col. 10 lines 49-57);
calculates, for the respective plurality of candidate turning positions (path points 601-603), travel trajectories of the vehicle as backward trajectories (402A-402N) when the backward movement is assumed to be started from the candidate turning positions set on the forward trajectory (401A-401N) of the vehicle (col. 10 line 64 - col. 11 line 2); and
compares the calculated backward trajectories of the towed vehicle for the respective plurality of candidate turning positions, and sets the turning position based on a comparison result (col. 11 lines 16-22).
ZHU does not teach the vehicle is a combination vehicle, and therefore does not teach setting the candidate turning positions on the forward trajectory of the tow vehicle and calculating the backward trajectories as backward trajectories of the towed vehicle as claimed. ZHU also does not disclose a parking target position as claimed.
The prior art fails to teach or render obvious the claim limitation “the travel trajectory generation unit sets a plurality of candidate turning positions on the forward trajectory of the towing vehicle in the forward section, calculates, for the respective plurality of candidate turning positions, travel trajectories of the towed vehicle as backward trajectories when the backward movement is assumed to be started from the candidate turning positions set on the forward trajectory of the towing vehicle, and compares the calculated backward trajectories of the towed vehicle for the respective plurality of candidate turning positions, and sets the turning position based on a comparison result” in the manner defined in claim 1.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance".
Conclusion
Prior art of record and not relied upon is considered pertinent to applicant's disclosure.
FUJISHIMA (US 2019/0027042, provided by Applicant on 08/06/2025 IDS) discloses subject matter related to Applicant’s invention but only discloses one turning point (21-23, respectively) per set forward trajectory (21-23A)(Fig. 3, 0054-0057).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK L. GREENE whose telephone number is (571)270-7555. The examiner can normally be reached M-F 8:30-4:30 PM.
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, Logan Kraft can be reached at (571) 270-5065. 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.
/MARK L. GREENE/Primary Examiner, Art Unit 3747
Prosecution Insights