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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 05/08/2025 and 11/03/2025 have been 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 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 remote driving control apparatus configured to execute a remote driving control for driving a vehicle to a target space according to a driving instruction from a remote operation apparatus operated by a user outside the vehicle, wherein, the remote driving control apparatus is configured to: display a control screen including information about the remote driving control on a display device of the remote operation apparatus when the remote driving control is executed; and change content of the control screen according to a progress of the remote driving control” of claim 1 and further in claims 2-10 (See paragraphs [0029-0030] of the instant specification where Applicant provides an example where “remote driving control apparatus 10 comprises components shown in FIG. 1” including “an ‘ECU 30’” which is an electronic control unit with a microcomputer as a major part, where the ECU 30 is also referred to as a control unit, a controller and a computer, where the microcomputer includes a CPU (processor), a ROM, a RAM and an interface (I/F), etc., and that functions realized by the ECU 30 may be realized by multiple ECUs, for example); and
“A remote operation apparatus configured to transmit a driving instruction to the vehicle when a user outside the vehicle operates the remote operation apparatus, … wherein, the remote operation apparatus is configured to: … change content of the control screen according to a progress of the remote driving control” in claim 10 and similarly in claim 1 [the Examiner notes that although structure is provided for which the remote operation apparatus is configured to display a control screen (on a display device of the remote operation apparatus) the claim does not provide structure for which the apparatus transmits the instruction and changes content, for example] (See paragraphs [0035-0036] of the instant specification where Applicant provides an example where “The remote operation apparatus 20 comprises components shown in FIG. 1” including where “A control unit includes a CPU (processor), a ROM, a RAM and an interface (I/F), etc.” for example).
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 § 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.
Claim 10 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the vehicle"; however, there is insufficient antecedent basis for this limitation in the claim. Without proper antecedent basis, it would be unclear to a person having ordinary skill in the art before the effective filing date of the claimed invention what qualities or properties a vehicle would need to possess in order to be considered “the vehicle” as recited. Examiner notes that independent claim 1 recites “a vehicle”; however, claim 10 is independent and does not depend from claim 1. Therefore, claim 10 is rejected under 35 U.S.C. 112(b).
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.
(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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Yoon (US 2019/0163186 A1).
Regarding claim 1, Yoon discloses a remote driving control apparatus configured to execute a remote driving control for driving a vehicle to a target space according to a driving instruction from a remote operation apparatus operated by a user outside the vehicle (In paragraph [0028], Yoon discloses that the plurality of functions, that is, remote device-based user control and control of the processor of the vehicle 100 cooperatively perform driving and parking of the autonomous vehicle 100),
wherein,
the remote driving control apparatus is configured to:
display a control screen including information about the remote driving control on a display device of the remote operation apparatus when the remote driving control is executed (In paragraph [0316], Yoon discloses that FIG. 13A is a view illustrating an example monitoring screen output on the remote device, when the autonomous vehicle 100 operates in the driving mode; see FIG. 13A below); and
change content of the control screen according to a progress of the remote driving control (In paragraph [0316], Yoon discloses that FIG. 13B is a view illustrating an example monitoring screen output on the remote device, when the autonomous vehicle 100 operates in the parking mode; see FIG. 13B below).
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FIGS. 13A and 13B of Yoon (US 2019/0163186 A1)
Regarding claim 2, Yoon further discloses wherein,
the remote driving control apparatus is configured to:
drive the vehicle along a route to the target space in the remote driving control (In paragraph [0028], Yoon discloses that the plurality of functions, that is, remote device-based user control and control of the processor of the vehicle 100 cooperatively perform driving and parking of the autonomous vehicle 100; in paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space),
the route being divided into a first zone where an approach possibility that the vehicle approaches an obstacle is low and a second zone where the approach possibility is high at a switching position (In paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space; in paragraph [0312], Yoon discloses that the driving mode and the parking mode may differ in terms of the purpose of movement and the purpose of displaying monitoring information, that is, the driving mode aims at fast movement and detection of an obstacle in a driving route, and the parking mode aims at accurate movement in the vicinity of a parking slot and detection of contact with an obstacle, which may occur during parking);
display a first control screen as the control screen on the display device, when the vehicle travels in the first zone (In paragraph [0316], Yoon discloses that FIG. 13A is a view illustrating an example monitoring screen output on the remote device, when the autonomous vehicle 100 operates in the driving mode; see FIG. 13A below); and
display a second control screen which varies from the first control screen as the control screen on the display device, when the vehicle travels in the second zone (In paragraph [0316], Yoon discloses that FIG. 13B is a view illustrating an example monitoring screen output on the remote device, when the autonomous vehicle 100 operates in the parking mode; see FIG. 13B below).
Regarding claim 3, Yoon further discloses wherein,
the remote driving control apparatus is configured to:
display the first control screen including a progress information that represents a progress of the remote driving control, when the vehicle travels in the first zone (In paragraph [0317], Yoon discloses a progress bar 1320 indicating the progress state of parking); and
display the second control screen including an alerting information that alerts a driver to the obstacle whose distance to the vehicle is equal to or shorter than a threshold distance, when the vehicle travels in the second zone (In paragraph [0256], Yoon discloses that if an obstacle outside the vehicle 100 is detected through the object detection device 300, the monitoring information 910 may include an alarm indicator 940; see also paragraph [0287] where Yoon discloses coping with a detected obstacle including transmitting an alarm message including a vibration notification or the like to the remote device or simply highlight an obstacle on a monitoring screen, so that the user may readily recognize and cope with the obstacle; see also paragraph [0341-0344] where Yoon discloses that if the processor of the autonomous vehicle 100 detects an obstacle through the object detection device 300, the screen of the remote device may be switched, where the detected obstacle 1920 may be output highlighted so that the user may easily recognize the obstacle 1920; the Examiner understands the threshold distance in this case may be, for example, within a detection radius of the sensors of the vehicle).
Regarding claim 4, Yoon further discloses wherein,
the remote driving control apparatus is configured to display the first control screen including at least one of a route information and a remaining distance information as the progress information (In paragraph [0317], Yoon discloses a progress bar 1320 indicating the progress state of parking; the Examiner understands that the unshaded portion of the progress bar indicates remaining distance information under its broadest reasonable interpretation; see FIG. 13A above),
the route information representing a traveled route that the vehicle has already traveled and an untraveled route that the vehicle has not traveled yet (In paragraph [0317], Yoon discloses a progress bar 1320 indicating the progress state of parking; the Examiner understands that the shaded portion of the progress bar indicates at least “route information representing a traveled route that the vehicle has already traveled” and that the unshaded portion of the progress bar indicates at least “route information representing an untraveled route that the vehicle has not traveled yet” under its broadest reasonable interpretation),
the remaining distance information representing a remaining distance to the target space (In paragraph [0317], Yoon discloses a progress bar 1320 indicating the progress state of parking; the Examiner understands that the unshaded portion of the progress bar indicates remaining distance information “representing a remaining distance to the target space” under its broadest reasonable interpretation).
Regarding claim 5, Yoon further discloses wherein,
the remote driving control apparatus is configured to display the alerting information superimposed on an overhead image of an area around the vehicle in the second control screen (In paragraph [0256], Yoon discloses that if an obstacle outside the vehicle 100 is detected through the object detection device 300, the monitoring information 910 may include an alarm indicator 940; see also paragraph [0287] where Yoon discloses coping with a detected obstacle including highlighting an obstacle on a monitoring screen, so that the user may readily recognize and cope with the obstacle; see also paragraph [0341-0344] where Yoon discloses that if the processor of the autonomous vehicle 100 detects an obstacle through the object detection device 300, the screen of the remote device may be switched, where the detected obstacle 1920 may be output highlighted so that the user may easily recognize the obstacle 1920; the Examiner understands the threshold distance in this case may be, for example, within a detection radius of the sensors of the vehicle; see FIGS. 9A and 19 below for example).
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FIGS. 9A and 19 of Yoon (US 2019/0163186 A1)
Regarding claim 6, Yoon further discloses wherein,
the remote driving control apparatus is configured to:
execute, as the remote driving control, a moving control for moving the vehicle to a vicinity of the target space before the vehicle reaches the switching position (In paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space; in paragraph [0311], Yoon discloses that the processor of the autonomous vehicle 100 may control the vehicle 100 to operate in the driving mode until the vehicle 100 leaves from the entrance of the parking lot and reaches the front of the parking slot, and to operate in the parking mode until the vehicle 100 is completely parked in the parking slot from the front of the parking slot);
execute, as the remote driving control, a parking control for parking the vehicle in the target space after the vehicle reaches the switching position (In paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space; in paragraph [0311], Yoon discloses that the processor of the autonomous vehicle 100 may control the vehicle 100 to operate in the driving mode until the vehicle 100 leaves from the entrance of the parking lot and reaches the front of the parking slot, and to operate in the parking mode until the vehicle 100 is completely parked in the parking slot from the front of the parking slot);
determine that the vehicle travels in the first zone when the moving control is executed (In paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space; in paragraph [0311], Yoon discloses that the processor of the autonomous vehicle 100 may control the vehicle 100 to operate in the driving mode until the vehicle 100 leaves from the entrance of the parking lot and reaches the front of the parking slot, and to operate in the parking mode until the vehicle 100 is completely parked in the parking slot from the front of the parking slot); and
determine that the vehicle travels in the second zone when the parking control is executed (In paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space; in paragraph [0311], Yoon discloses that the processor of the autonomous vehicle 100 may control the vehicle 100 to operate in the driving mode until the vehicle 100 leaves from the entrance of the parking lot and reaches the front of the parking slot, and to operate in the parking mode until the vehicle 100 is completely parked in the parking slot from the front of the parking slot).
Regarding claim 7, Yoon further discloses wherein,
the remote driving control apparatus is configured to drive the vehicle such that a vehicle speed does not exceed a limit vehicle speed, when the remote driving control is executed (In paragraph [0313], Yoon discloses that the processor of the autonomous vehicle 100 may set different maximum allowed speeds for the autonomous vehicle 100 in the driving mode and the parking mode, for example, the processor of the autonomous vehicle 100 may set a higher maximum allowed speed for the vehicle 100 in the driving mode than in the parking mode),
wherein,
the limit vehicle speed of the parking control is set to a lower value than the limit vehicle speed of the moving control (In paragraph [0313], Yoon discloses that the processor of the autonomous vehicle 100 may set different maximum allowed speeds for the autonomous vehicle 100 in the driving mode and the parking mode, for example, the processor of the autonomous vehicle 100 may set a higher maximum allowed speed for the vehicle 100 in the driving mode than in the parking mode).
Regarding claim 8, Yoon further discloses the remote driving control apparatus is configured to:
execute, as the remote driving control, a leaving control for leaving the vehicle from a parking space from a time at which the remote driving control starts to a time at which the vehicle reaches the switching position (In paragraph [0251], Yoon discloses that the parking mode supports parking in and pull-out from a parking slot);
execute, as the remote driving control, a moving control for moving the vehicle to the target space after the vehicle reaches the switching position (In paragraph [0251], Yoon discloses that the parking mode supports parking in and pull-out from a parking slot; in paragraph [0312], Yoon discloses that the driving mode and the parking mode may differ in terms of the purpose of movement and the purpose of displaying monitoring information, that is, the driving mode aims at fast movement and detection of an obstacle in a driving route, and the parking mode aims at accurate movement in the vicinity of a parking slot and detection of contact with an obstacle, which may occur during parking; see also paragraph [0295] where Yoon discloses an example of switching from the parking mode to the driving mode);
determine that the vehicle travels in the second zone when the leaving control is executed (In paragraph [0251], Yoon discloses that the parking mode supports parking in and pull-out from a parking slot; in paragraph [0312], Yoon discloses that the driving mode and the parking mode may differ in terms of the purpose of movement and the purpose of displaying monitoring information, that is, the driving mode aims at fast movement and detection of an obstacle in a driving route, and the parking mode aims at accurate movement in the vicinity of a parking slot and detection of contact with an obstacle, which may occur during parking; see also paragraph [0295] where Yoon discloses an example of switching from the parking mode to the driving mode); and
determine that the vehicle travels in the first zone when the moving control is executed (In paragraph [0251], Yoon discloses that the parking mode supports parking in and pull-out from a parking slot; in paragraph [0312], Yoon discloses that the driving mode and the parking mode may differ in terms of the purpose of movement and the purpose of displaying monitoring information, that is, the driving mode aims at fast movement and detection of an obstacle in a driving route, and the parking mode aims at accurate movement in the vicinity of a parking slot and detection of contact with an obstacle, which may occur during parking; see also paragraph [0295] where Yoon discloses an example of switching from the parking mode to the driving mode).
Regarding claim 9, Yoon further discloses wherein,
the remote driving control apparatus is configured to drive the vehicle such that a vehicle speed does not exceed a limit vehicle speed, when the remote driving control is executed (In paragraph [0313], Yoon discloses that the processor of the autonomous vehicle 100 may set different maximum allowed speeds for the autonomous vehicle 100 in the driving mode and the parking mode, for example, the processor of the autonomous vehicle 100 may set a higher maximum allowed speed for the vehicle 100 in the driving mode than in the parking mode),
wherein,
the limit vehicle speed of the leaving control is set to a lower value than the limit vehicle speed of the moving control (In paragraph [0251], Yoon discloses that the parking mode supports parking in and pull-out from a parking slot; in paragraph [0313], Yoon discloses that the processor of the autonomous vehicle 100 may set different maximum allowed speeds for the autonomous vehicle 100 in the driving mode and the parking mode, for example, the processor of the autonomous vehicle 100 may set a higher maximum allowed speed for the vehicle 100 in the driving mode than in the parking mode).
Regarding claim 10, Yoon discloses a remote operation apparatus configured to transmit a driving instruction to the vehicle when a user outside the vehicle operates the remote operation apparatus (In paragraph [0028], Yoon discloses that the plurality of functions, that is, remote device-based user control and control of the processor of the vehicle 100 cooperatively perform driving and parking of the autonomous vehicle 100),
wherein,
the vehicle executes a remote driving control for traveling to a target space according to the driving instruction (In paragraph [0028], Yoon discloses that the plurality of functions, that is, remote device-based user control and control of the processor of the vehicle 100 cooperatively perform driving and parking of the autonomous vehicle 100; in paragraph [0295], Yoon discloses that the autonomous vehicle 100 operates in the driving mode in a route from the entrance of a parking lot to a parking space, and in the parking mode during parking in the parking space),
wherein,
the remote operation apparatus is configured to:
display a control screen including information about the remote driving control on a display device of the remote operation apparatus, when the vehicle executes the remote driving control (In paragraph [0316], Yoon discloses that FIG. 13A is a view illustrating an example monitoring screen output on the remote device, when the autonomous vehicle 100 operates in the driving mode; see FIG. 13A above); and
change content of the control screen according to a progress of the remote driving control (In paragraph [0316], Yoon discloses that FIG. 13B is a view illustrating an example monitoring screen output on the remote device, when the autonomous vehicle 100 operates in the parking mode; see FIG. 13B above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tokuhiro (US 2023/0082770 A1) teaches a parking assist method and parking assist device including where an operation terminal capable of transmitting a signal to the vehicle from outside the vehicle, such as a tablet terminal, a smartphone, a remote controller, or an electronic key (not illustrated), may also be used as an example of the operation unit.
Buddharaju (US 2021/0302189 A1) teaches remote control of a vehicle via smartphone and gesture input.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Harrison Heflin whose telephone number is (571)272-5629. The examiner can normally be reached Monday - Friday, 1:00PM - 10:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at 571-272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRISON HEFLIN/ Examiner, Art Unit 3665
/HUNTER B LONSBERRY/ Supervisory Patent Examiner, Art Unit 3665
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