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 amendment filed on August 26, 2025. Claims 1-6 are currently pending, with Claim 3 being amended, and Claims 5-6 being newly added.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application JP2023-074544, filed on April 28, 2023. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to the declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application. No action by the applicant is required at this time.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 26, 2025, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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 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 limitations use 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 limitations are:
“a space recognition part …”, “a breadth determination part …”, “a vehicle control part …”, in Claims 1-6.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof:
Regarding the limitations of “a space recognition part …”, “a breadth determination part …”, “a vehicle control part …”, the instant specification at Paragraphs [0015], [0025] at least states “Various functional parts forming the parking support system 100 will be described below, and each functional part may be implemented by a plurality of pieces of hardware or may be implemented in cooperation with at least one piece of hardware and software …”, and “the parking support system 100 (ECU 1) includes a space recognition part 11, a breadth determination part 12, and the vehicle control part 13. In each of these functional parts, a calculation part for performing various types of processing on input data is configured with hardware or software (program) or both of them …”. The structure for these parts is a processor or computer equivalent or necessary software to perform the functions of determining parking parameters and sending control signals to the vehicle.
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 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 limitations recite sufficient structure to perform the claimed function so as to avoid 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)(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 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent Publication 2019131042 A, to Omura, et al (hereinafter referred to as Omura).
As per Claim 1, Omura discloses the features of a parking support system configured to perform control, on a vehicle, through which the vehicle in a travel space connected to a parking space is parked into the parking space (e.g. Paragraphs [0006], [0020]; where a parking assistance device generates a movement route for parking the vehicle in the parking area, where the system is implemented using a vehicle control system), the parking support system comprising:
a space recognition part configured to recognize the travel space and the parking space (e.g. Paragraph [0031]; where the detection unit (143) detects the parking area of the vehicle (1), where the parking area is a space having a size in which the vehicle (1) can be parked);
a breadth determination part configured to determine at least one of a width of an entrance for the vehicle from the travel space to the parking space and a length, of the travel space, in a direction orthogonal to the width of the entrance, recognized by the space recognition part, as a movement space breadth available for a movement path of the vehicle (e.g. Paragraph [0032]; Figures 5, 9; where the detection unit (143) detects the width and depth of the detected parking area; and the vehicle determines the entrance to the parking area (50)); and
a vehicle control part configured to perform parking control through which the vehicle is moved into and stopped in the parking space, based on relative positions of the parking space and the travel space with respect to the vehicle (e.g. Paragraphs [0020], [0040]; where the vehicle control system (100) includes an ECU (14), which controls the steering system (13), the brake system (18), and the like by sending a control signal to the vehicle; and the parking support unit (140) includes a movement control unit (147) which performs steering control based on the route generated in the generation unit (145) to move the vehicle), wherein the vehicle control part is configured to
apply, in a case in which the movement space breadth is determined to be narrower than a determination criterion by the breadth determination part, a narrow environment setting that is a control setting for a narrow environment to increase positional accuracy of the vehicle, as compared with a case in which the movement space breadth is determined to be a breadth of the determination criterion or more by the breadth determination part (e.g. Paragraphs [0005]-[0006], [0036]; where it is determined if the width of the detected parking area is less than a predetermined length, the parking assistance process is performed by reducing the lower limit of the distance between the vehicle (1) and an obstacle, etc., in order to park the vehicle (10) in a narrower space).
As per Claim 2, Omura discloses the features of Claim 1, and Omura further discloses the features of wherein the vehicle control part is configured to
set a target movement path that is a target for a movement path of the vehicle (e.g. Paragraphs [0010], [0038]; where the generation unit (145) generates a movement route for parking the vehicle (1) in the parking area, and determines the target position based on the width and depth of the parking area detected by the detection unit (143) and generates a route for the vehicle (1) to move to the target position), and
a target speed of the vehicle at each position on the target movement path, based on the relative positions of the parking space and the travel space with respect to the vehicle (e.g. Paragraph [0041]; where the ECU (14) starts the parking assistance process when the vehicle (1) speed becomes equal to or lower than a predetermined speed (i.e., a target speed for commencing parking) after receiving an operation for starting parking assistance by the driver), and
perform feedback control to cause an actual position and an actual speed of the vehicle to approach the target movement path and the target speed, in the parking control (e.g. Paragraphs [0034]-[0035], [0028], [0040]; where the system determines the width of the parking area is less than a threshold and executes a parking assistance process; and where the system determines the target parking position and generates a route to move to the target parking position, by controlling the vehicle to move along the route toward the target position), and
to apply the narrow environment setting includes at least one of to: reduce a lower limit of an allowable distance between the vehicle that is moving and an obstacle outside the parking space and the travel space, as compared with a case in which the movement space breadth is determined to be the breadth of the determination criterion or more, in a phase of setting the target movement path; reduce an allowable lower limit of a movement distance obtained until at least one of switching between forward movement and backward movement of the vehicle that is moving and a stop of the vehicle that is moving is performed, as compared with a case in which the movement space breadth is determined to be the breadth of the determination criterion or more, in the phase of setting the target movement path; reduce a lower limit of a curvature radius of the target movement path, as compared with a case in which the movement space breadth is determined to be the breadth of the determination criterion or more, in the phase of setting the target movement path; increase an upper limit of a change in the target speed, as compared with a case in which the movement space breadth is determined to be the breadth of the determination criterion or more, in a phase of setting the target speed of the vehicle at each position on the target movement path; and increase an allowable upper limit of actual acceleration, actual deceleration, or an actual steering angle of the vehicle as a result of the feedback control, as compared with a case in which the movement space breadth is determined to be the breadth of the determination criterion or more, in a phase of performing the parking control (e.g. Paragraphs [0005]-[0006,] [0010], [0036], [0056], [0081]; where it is determined if the width of the detected parking area is less than a predetermined length, the parking assistance process is performed by reducing the lower limit of the distance between the vehicle (1) and an obstacle, etc., in order to park the vehicle (10) in a narrower space; where the steering angle in the narrow parking area is reduced; and where the movement control unit (147) executes steering control, acceleration/ deceleration, and speed change operations).
As per Claim 3, and similarly for Claim 5, Omura discloses the features of Claims 1 and 2, respectively, and Omura further discloses the features of wherein the breadth determination part is configured to
set a plurality of the determination criteria (e.g. Paragraphs [0036], [0049]-[0051], [0055]; where the generation unit (145) generates a route for parking the vehicle (1) in a narrow space in a plurality of stages, where the generation unit (145) generates a route based on a condition relating to distance, based on the advance distance, the deflection angle, etc., and generates a second route for the vehicle to follow (i.e., a plurality of determination criteria)), and
determine to which one of a plurality of breadth levels each indicating that the movement space breadth is narrower than any one of the plurality of the determination criteria the movement space breadth corresponds (e.g. Paragraphs [0032]-[0035]; where the detection unit (143) detects the width and depth of the parking area by recognizing a marker installed in the parking area from a captured image, and determines if the width is less than a predetermined length or greater than a predetermined length; and determines the width of the parking lot and adds a value to the width of the vehicle (1) (i.e., determines a plurality of width values, such that a first or second parking assistance process is performed), and
the vehicle control part includes, as a plurality of the narrow environment settings, settings, at a plurality of levels, having respective different setting contents corresponding to the plurality of breadth levels (e.g. Paragraphs [0032]-[0035], [0080]-[0081];where the first or second parking process is performed depending on whether the detected width of the parking area (50) is less than a predetermined length, and the ECU (14) generates a path based on the width), and is configured to
apply one of the plurality of the narrow environment settings at one of the plurality of levels corresponding to one of the plurality of breadth levels determined by the breadth determination part (e.g. Paragraph [0048]; where the generation unit (145) sets a margin (90a, 90b, 91a, 91b) for the vehicle width of the vehicle (1) based on a first distance and second distance between the vehicle (1) and the obstacle in the first and second parking processes when the width is smaller than or greater than a threshold).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Publication 2019131042 A, to Omura, et al (hereinafter referred to as Omura), in view of “Research on Automatic Parking Systems Based on Parking Scene Recognition”, to Ma, et al (hereinafter referred to as Ma), and further in view of U.S. Patent Publication No. 2022/0097686 A1), to Kiyokawa, et al (hereinafter referred to as Kiyokawa).
As per Claim 4 and similarly for Claim 6, Omura discloses the features of Claims 1 and 2, respectively, but Omura fails to disclose every feature of wherein the space recognition part is configured to repeatedly recognize the movement space breadth, while the parking control is being performed, the breadth determination part is configured to repeatedly determine to which one of the plurality of breadth levels the movement space breadth corresponds, while the parking control is being performed by the vehicle control part, and when determination result made by the breadth determination part is subjected to an update while the vehicle control part is performing the parking control, the vehicle control part is configured to change a level of the narrow environment setting to be applied, in a case in which the update is an update in which the breadth level is determined to be a narrower breadth level than a breadth level of a previous determination result, and the vehicle control part is configured not to change a level of the narrow environment setting to be applied, in a case in which the update is an update in which the breadth level is determined to be a broader breadth level than a breadth level of a previous determination result.
However, Ma, in a similar field of endeavor, teaches the features of wherein the space recognition part is configured to repeatedly recognize the movement space breadth, while the parking control is being performed, the breadth determination part is configured to repeatedly determine to which one of the plurality of breadth levels the movement space breadth corresponds, while the parking control is being performed by the vehicle control part, and when determination result made by the breadth determination part is subjected to an update while the vehicle control part is performing the parking control, the vehicle control part is configured to change a level of the narrow environment setting to be applied, in a case in which the update is an update in which the breadth level is determined to be a narrower breadth level than a breadth level of a previous determination result.
Ma teaches a method for conducting automatic parking, where the width of a parking space is obtained, and the system works to recognize the orientation of other parked vehicles, where the system then judges in real-time is the current parking space satisfies the parking requirements, and if the parking requirements are met, the system will send alerts to the driver; and if the distance is greater than that required for conventional parking (the parking width is greater than or equal to the body width plus a margin), the system determines the space is a regular parking space; and if the distance measured is smaller than required for conventional parking but greater than the minimum parking space requirement, the system determines that the space is a narrow parking space; and when the parking space is narrow, the system plans a reasonable parking path to improve the utilization of narrow parking spaces (e.g. Page 6 Paragraphs beginning with “In the detection process …”, “If the distance measured …”; Figures 14-15).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the parking support device of Omura, with the feature of changing a narrow setting in a vehicle in the system of Ma, in order to perform reasonable planning and adjustment for the final parking position (see at least Page 2 Paragraph beginning with “When using an automatic parking …” of Ma).
Kiyokawa further teaches the features of wherein the vehicle control part is configured not to change a level of the narrow environment setting to be applied, in a case in which the update is an update in which the breadth level is determined to be a broader breadth level than a breadth level of a previous determination result.
Kiyokawa, in a similar field of endeavor, teaches a parking assistance device, where the parking assistance device can detect a size of the parking space, set a minimum buffer space around the vehicle, set the size of the extra space to be a first size when the size of the parking space is equal to or larger than a first threshold, and to set the size of the extra space to a second size that is smaller than the first size when the parking space is equal to or smaller than a second threshold that is smaller than the first threshold value; and the central processing unit may repeatedly execute detection of the size of the parking space until the parking is completed, and when the parking space is between the first and second threshold value, the central processing unit may be configured to set the size of the extra space to one of the first and second size which was previously set (e.g. Paragraphs [0007], [0009]-[0011]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the parking support device of Omura, in view of Ma, with the feature of maintaining a previous setting in the system of Kiyokawa, in order to avoid frequent switching of the size of the extra space between the first and second size of the parking space (see at least Paragraph [0012] of Kiyokawa).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Boss, et al (U.S. 2019/0088139 A1), which teaches a method for defining a dynamic parking space and providing live guidance to park the vehicle based on the determined parking size.
Buczko, et al (DE 102022208347 A1), which teaches a method for automatically parking a vehicle, and adjusts the conditions for the parking maneuver based on how clearly defined the parking space is.
Kakinami, et al (U.S. 2009/0121899 A1), which teaches a parking assistance device, and determining a parking zone based on detected obstacles in the parking space.
Sugano (U.S. 2022/0212657 A1), which teaches an automated valet parking system.
Wang, et al (U.S. 2023/0278593 A1), which teaches a method for parking an autonomous vehicle in a dynamic environment, and including a safety constraint for each of the obstacles in order to park the vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
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/MERRITT LEVY/Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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