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 action is in reply to the patent application filed on May 22, 2025.
Claims 1-20 are currently pending and have been examined.
This action is made Non-FINAL.
The examiner would like to note that this application is being handled by examiner Christine Huynh.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 23, 2025, June 23, 2025, and December 9, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
The numbering of claims 6 and 14 is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not). Correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 5, 10, 13, and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2, 10, and 18 state “wherein the at least one second candidate parking space comprises one or more of the at least one first candidate parking space”. It is unclear from the instant specification if the second candidate parking space is a separate and different parking space from the first candidate parking space, if the first and second candidate parking spaces are the same parking spaces, or if the second candidate parking space is part of the first candidate parking space, where the first candidate parking space comprises a plurality of parking spaces. Examiner interprets the limitation as the first and second candidate parking spaces are the same parking space. Clarification is required.
Claims 5 and 13 state “determining from among the at least one second candidate parking space, at least one third candidate parking space…”. It is unclear from the instant specification if the third candidate parking space is a separate and different parking space from the second candidate parking space, if the second and third candidate parking spaces are the same parking spaces, or if the third candidate parking space is part of the second candidate parking space, where the second candidate parking space comprises a plurality of parking spaces. Examiner interprets the limitation as the second and third candidate parking spaces are the same parking space. Clarification is required.
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.
Claim(s) 1-4, 6, 9-12, 14, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayakawa (US 20200062242 A1).
Regarding claims 1-4, 6, 9-12, 14, and 17-20:
With respect to claims 1, 9, and 17, Hayakawa teaches:
capturing a first image that is an environmental image in a first orientation of an ego vehicle; (“In step 101, the control device 10 of the parking assist apparatus 100 according to one or more embodiments of the present invention acquires images captured by the cameras 1a to 1d attached to multiple sites of the subject vehicle V. The cameras 1a to 1d capture images of boundary lines of parking spaces around the subject vehicle V and objects existing around the parking spaces.” [0033], “In the example illustrated in FIG. 3, the camera 1a is disposed on the front grille part of the subject vehicle V, the camera 1d is disposed in the vicinity of the rear bumper, and the cameras 1b and 1c are disposed on the lower parts of the right and left door mirrors” [0034]), where the first image can be one image from any of the cameras 1a to 1d of FIG. 3, which show an environmental image of the front, sides, of back of an ego vehicle.
capturing a second image that is a panoramic surround-view image of the ego vehicle; (“In step 102, the control device 10 of the parking assist apparatus 100 controls the image processing device 2 to generate an overhead image. On the basis of the acquired plurality of captured images, the image processing device 2 generates an overhead image in which the surrounding state including the subject vehicle V and the parking space for the subject vehicle V to park is viewed from a virtual viewpoint P (see FIG. 3) above the subject vehicle V.” [0036]), which show that the images of the plurality of vehicle cameras can be used to create a panoramic surround-view image of the ego vehicle, similarly to the instant specifications, which state, “The second image is a panoramic surround-view image (or referred to as a panoramic image, a surround-view image, or the like) of the ego vehicle. It may be understood that the second image may include the first image, that is, the first image is a part of the second image.” See instant specifications [0124].
determining parking space information of a plurality of candidate parking spaces based on the first image and the second image of an ego vehicle, wherein the parking space information indicates locations of the plurality of candidate parking spaces; (“Referring again to FIG. 2, in steps 103 and 104, the control device 10 detects parking spaces on the basis of a “parking condition” that is preliminarily defined.” [0037], “In step 103, the control device 10 detects parking frame lines to detect parking spaces on the basis of the images captured by the cameras 1a to 1d and/or the data received by the ranging device 3 and uses these information items to detect available parking spaces Me. In one or more embodiments of the present invention, the available parking spaces are detected from the images captured by the cameras 1a to 1d, but the process of detecting the available parking spaces is not particularly limited.” [0044], “For example, empty spaces having a predetermined range (size) may be detected as parking spaces, or locations at which parking maneuvers were executed in past times may be detected as parking spaces. If a condition that is preliminarily set to define the probability of being parking spaces is satisfied, the parking spaces can be directly detected without detecting parking frame lines.” [0055]), where parking space information such as the location of available parking spaces of a plurality of candidate parking spaces can be determined using the surrounding images collected from the cameras of the ego vehicle.
determining a target parking space from the plurality of candidate parking spaces based on the parking space information; (“The control device 10 detects the recommended parking space Mr in accordance with the traveling state of the subject vehicle V from among the detected plurality of available parking spaces. The control device 10 stores the “parking recommendation condition” for extracting the recommended parking space Mr. The “parking recommendation condition” is defined from the viewpoint of extracting a parking space with which the parking-related cost is low. The “parking recommendation condition” is preferably defined from the viewpoints of the number of turns for parking, the time required for parking, and the travel distance required for parking.” [0080]), where a target parking space, or a recommended parking space, can be determined from parking space information, including the cost, time, and travel for parking, which can be determined using the location of the available parking space.
controlling the ego vehicle to be parked in the target parking space; (“In step 109, the parking assist apparatus 100 according to one or more embodiments of the present invention executes the parking assist process or the automated parking process. The parking assist apparatus 100 according to one or more embodiments of the present invention controls the operation of the drive system 40 via the vehicle controller 30 so that the subject vehicle V moves along the route.” [0105]), where the ego vehicle is controlled along a route to park in the target parking space.
a memory configured to store instructions; (“The control device 10 of the parking assist apparatus 100 according to one or more embodiments of the present invention is a specific computer comprising a ROM 12 that stores a parking assist program, a CPU as an operation circuit that executes the program stored in the ROM 12 to serve as the parking assist apparatus 100 according to one or more embodiments of the present invention, and a RAM 13 that serves as an accessible storage device.” [0027]).
With respect to claims 2, 10, and 18, Hayakawa, as shown in the rejection above, discloses the limitations of claims 1, 9, and 17. Hayakawa teaches a parking operation of claims 1, 9, and 17. Hayakawa further teaches:
determining first parking space information of at least one first candidate parking space based on the first image, wherein the first image is of the at least one first candidate parking space; (“The cameras 1a to 1d capture images of boundary lines of parking spaces around the subject vehicle V and objects existing around the parking spaces.” [0033], “In step 103, the control device 10 detects parking frame lines to detect parking spaces on the basis of the images captured by the cameras 1a to 1d and/or the data received by the ranging device 3 and uses these information items to detect available parking spaces Me.” [0044]), where parking space information such as the parking space line can be determined from the first image of the ego vehicle cameras.
determining second parking space information of at least one second candidate parking space based on the second image, wherein the second image is of the at least one second candidate parking space, and wherein the at least one second candidate parking space comprises one or more of the at least one first candidate parking space; (“On the basis of the acquired plurality of captured images, the image processing device 2 generates an overhead image in which the surrounding state including the subject vehicle V and the parking space for the subject vehicle V to park is viewed from a virtual viewpoint P (see FIG. 3) above the subject vehicle V.” [0036], “When a determination is made that the subject vehicle V is traveling in a parking area, the control device 10 detects white lines on the basis of the captured images acquired for generation of an overhead image. White lines represent boundary lines that define frames (regions) of parking spaces.” [0046], “The overhead image 21a includes an image (boundary lines of parking spaces) that indicates selectable parking spaces. The center of the overhead image 21a is displayed with an icon of the subject vehicle V indicating the position of the subject vehicle V.” [0116]), where space information of candidate parking spaces can be based on the second image.
With respect to claims 3, 11, and 19, Hayakawa, as shown in the rejection above, discloses the limitations of claims 2, 10, and 18. Hayakawa teaches a parking operation of claims 2, 10, and 18. Hayakawa further teaches:
wherein the first parking space information comprises at least one of a parking space line, a parking space corner, or a location relationship between parking space corners; (“The cameras 1a to 1d capture images of boundary lines of parking spaces around the subject vehicle V and objects existing around the parking spaces.” [0033], “In step 103, the control device 10 detects parking frame lines to detect parking spaces on the basis of the images captured by the cameras 1a to 1d and/or the data received by the ranging device 3 and uses these information items to detect available parking spaces Me.” [0044]), where parking space information such as the parking space line can be determined from the first image of the ego vehicle cameras.
With respect to claims 4, 12, and 20, Hayakawa, as shown in the rejection above, discloses the limitations of claims 2, 10, and 18. Hayakawa teaches a parking operation of claims 2, 10, and 18. Hayakawa further teaches:
wherein the second parking space information comprises at least one of a parking space entrance direction or park space and vertex coordinates; (“When a determination is made that the subject vehicle V is traveling in a parking area, the control device 10 detects white lines on the basis of the captured images acquired for generation of an overhead image. White lines represent boundary lines that define frames (regions) of parking spaces.” [0046], “Positional information of parking spaces may be stored so as to be included in map information of a navigation system or may also be acquired from an external server or a management device of facilities (parking lots). FIG. 4A is a first diagram illustrating an example of the parking assist process according to one or more embodiments of the present invention. In FIG. 4A, the position of the subject vehicle V traveling is P1 and the vehicle speed is V1. The control device 10 detects parking spaces into which the subject vehicle V moving in the direction of the arrow (indicated ahead of the subject vehicle V) can be parked.” [0060-0061], “Although not particularly limited, the control device 10 according to one or more embodiments of the present invention detects those, among parking spaces, which are empty (no other vehicles are parked) and belong to a predetermined range of detection and for which routes L can be derived, as the available parking spaces Me. The situation that routes L can be derived refers to a condition that the trajectories of routes L can be rendered on a coordinate system of the road surface without interfering with obstacles (including parked vehicles).” [0072]), which shows the second parking space information a parking space entrance direction, coordinates, or trajectories for the ego vehicle relative to the candidate parking space.
With respect to claims 6 and 14, Hayakawa, as shown in the rejection above, discloses the limitations of claims 1 and 9. Hayakawa teaches a parking operation of claims 1 and 9. further teaches:
capturing a third image of the ego vehicle in a process of controlling the ego vehicle to be parked in the target parking space, wherein the third image is an environmental image in a third orientation of the ego vehicle, and wherein the third image is of the target parking space; (“The monitoring image 21b can be displayed with different images captured by the cameras 1a to 1d in accordance with the operation state of the subject vehicle V. The monitoring image 21b illustrated in FIG. 7 is displayed as an image captured by the camera 1a which is disposed on the front grill part of the subject vehicle V. When the subject vehicle V moves back, the monitoring image 21b may be displayed as an image captured by the camera 1d which is disposed in the vicinity of the rear bumper.” [0116], “The parking assist apparatus 100 according to one or more embodiments of the present invention detects parking spaces using the images captured by the cameras 1a to 1d and the ranging information from the ranging device 3.” [0126]), where this shows a third image, which includes a rear bumper camera image, of the ego vehicle in a process of controlling the ego vehicle to be parked in the target parking space can be used. The instant specification states “The third image is an environmental image in a third orientation of the ego vehicle, and the third image includes an image of the target parking space. Optionally, the third image may further include an image other than the image of the target parking space, for example, an image of a person, a vehicle, or an obstacle. In some embodiments, the third image may be an environmental image in an orientation close to a side of the parking space. As shown in FIG. 8, the third image may be, for example, a left environmental image and/or a rear environmental image of the ego vehicle” (see instant specification [0156]), where the third image is a left or rear environmental camera image of the ego vehicle, which is comparable to the rear bumper camera image used with the ego vehicle is parking in Hayakawa.
updating target parking space information of the target parking space based on the third image; (“The control device 10 executes re-detection (processes of step S3 and subsequent steps) while the subject vehicle V is moving. As approaching the object to be detected, more accurate captured images/ranging data can be obtained. The re-detection process of step S3 and subsequent steps is performed when moving to the target parking space Mo which the driver desires, and more accurate detection results for the target parking space Mo can thereby be obtained.” [0137]), where as the ego vehicle is moving during a parking maneuver and the camera is able to detect more data, the target space information can be updated.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa (US 20200062242 A1) in view of Hayakawa (US 20200062242 A1) in view of Suzuki et al. (US 20200226926 A1).
Regarding claims 5 and 13:
With respect to claims 5 and 13, Hayakawa, as shown in the rejection above, discloses the limitations of claims 2 and 10. Hayakawa teaches a parking operation of claims 2 and 10. Hayakawa does not teach, but Suzuki teaches:
determining from among the at least one second candidate parking space, at least one third candidate parking space based on the first parking space information and the second parking space information, wherein the third candidate parking space has a confidence level greater than or equal to a preset confidence level threshold and belongs to the at least one first candidate parking space, and wherein the confidence level indicates an accuracy of a parking space detection result; (“The display control circuit 1022 searches for empty parking spaces while performing image processing on the obtained top-view image and determines whether the found empty parking spaces meet the display condition for displaying the first assistance images. The method of determining whether the display condition is met includes obtaining the certainty factor for every empty parking spaces and determining whether the certainty factor is higher than a predetermined reference value.” [0032], “The “certainty factor” of a parking space is a numerical value that indicates how much the parking space is likely an empty parking space. The certainty factor is calculated based on the position and the orientation of the empty parking space, the orientation and the position of the empty parking space with respect to a road adjacent thereto, the detection accuracy of frame lines of the empty parking space, and the like detected on the top-view image.” [0033], “As illustrated in FIG. 2, when parking spaces 23 are detected as empty parking spaces with high certainty factor in a surrounding image 20, a first assistance image 25 is superimposed and displayed in the position of a parking space recommended the most.” [0035], “An empty parking space having a condition closest to the display condition is set as the most recommended empty parking space, and, for example, an empty parking space with the highest certainty factor among the empty parking spaces with certainty factor equal to or lower than the predetermined reference value is set as the most recommended empty parking space.” [0039]), which shows determining from among a plurality of candidate parking spaces parking space information and determining a parking space with a confidence level greater than or equal to a preset confidence level threshold.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Hayakawa’s parking support with Suzuki’s confidence level in order to (“provide a parking assistance method and a device therefor that can display images indicating the positions of empty parking spaces and utilize parking assistance control even for a parking place in which parking spaces are not visually demarcated clearly. In order to solve the above-described problem, a parking assistance method and a device therefor according to an aspect of the present invention detect empty parking spaces around a moving object and determine whether the detected empty parking spaces meet the display condition for displaying first assistance images indicating the positions of the empty parking spaces.” See Suzuki [0004-0005]), which is beneficial for determining candidate parking spaces.
Hayakawa further teaches:
determining the target parking space based on the at least one third candidate parking space; (“When the subject vehicle V moves back, the monitoring image 21b may be displayed as an image captured by the camera 1d which is disposed in the vicinity of the rear bumper.” [0116], “The parking assist apparatus 100 according to one or more embodiments of the present invention detects parking spaces using the images captured by the cameras 1a to 1d and the ranging information from the ranging device 3.” [0126]), where a target parking space is determined from a plurality of candidate parking spaces, which can include a third candidate parking space.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa (US 20200062242 A1) in view of Hayakawa (US 20200062242 A1) in view of Ho et al. (US 20230146185 A1).
Regarding claims 7 and 15:
With respect to claims 7 and 15, Hayakawa, as shown in the rejection above, discloses the limitations of claims 2 and 10. Hayakawa teaches a parking operation of claims 2 and 10. Hayakawa does not teach, but Ho teaches:
inputting the first image into a first preset model; (“The system 100 is capable of performing parking slot detection on a plurality of input images 101 taken from a plurality of cameras mounted on a vehicle in a parking environment to generate information on detected parking slots 106 to assist the parking of the vehicle.” [0034]), where images of the camera of the ego vehicle are input into a preset model.
outputting the first parking space information through the first preset model; (“The parking line detection model 104 has been trained previously on an annotated dataset comprising training top view images and golden parking slots. After being trained, the parking line detection model 104 processes the top view image to detect parking lines for a parking slot in the parking environment, estimate a bounding box for the parking slot and identify an occupancy state of the parking slot.” [0046], “In order to understand the ego vehicle information, the localization unit 105 converts that pixel coordinate information to the vehicle information, i.e. the distance between parking slots with the vehicle's center, the width and depth in real world of the parking slot, whether it is enough to park the vehicle or not.” [0063]), where information of the parking space, such as the parking space line and corners, is determined using the model that the images were input into.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Hayakawa’s parking support with Ho’s model because (“Conventional parking detection system uses traditional algorithms to detect parking lines, or parking corners, which contain more drawbacks when the lines are unclear or difficult light condition and have difficulty in detecting parking slots in various environment conditions (e.g., weather, lighting), diversity parking line scenarios (e.g., fainted, disconnected, dash) and multiple types of parking slots (e.g., angled, parallel, perpendicular).” See Ho [0003], and “The parking line detection model 104 has been trained previously on an annotated dataset comprising training top view images and golden parking slots. After being trained, the parking line detection model 104 processes the top view image to detect parking lines for a parking slot in the parking environment, estimate a bounding box for the parking slot and identify an occupancy state of the parking slot.” See Ho [0046]), therefore provide a model to better detect parking space information such as parking space lines.
Claim(s) 8 and 16is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa (US 20200062242 A1) in view of Hayakawa (US 20200062242 A1) in view of Pang et al. (US 20240092344 A1).
Regarding claims 8 and 16:
With respect to claims 8 and 16, Hayakawa, as shown in the rejection above, discloses the limitations of claims 2 and 10. Hayakawa teaches a parking operation of claims 2 and 10. Hayakawa does not teach, but Pang teaches:
inputting the second image into a second preset model; (“The parking space sample image is extracted from a stitched look-around image and identifies a candidate parking space. The stitched look-around image is obtained by stitching images of a parking space captured by multiple cameras (for example, four cameras) including a front camera and a rear camera of a vehicle.” [0037], “For the parking space detection model, a candidate parking space image representing a parking space position is used as an input, and a parking space detection result is outputted.” [0046]), where a second image including a surrounding image is input into a model.
outputting the second parking space information through the second preset model; (“The parking space detection model trained in the embodiments of the present disclosure determines whether a parking space image represents a real parking space, and outputs a direction angle of the parking space in a case that the parking space image represents a real parking space. Therefore, the positive sample further identifies a direction angle of the parking space. The direction angle of the parking space may be an angle between a central axis of a vehicle and the parking space entrance line an angle between a driving direction of a vehicle and the parking space entrance line, or the like.” [0039]), where information of the parking space, such as the parking space entrance direction, is determined using the model that the images were input into.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the instant application to have combined Hayakawa’s parking support with Pang’s model because (“In a case that the candidate parking space image represents the real parking space, the direction angle of the parking space is outputted. Therefore, the performance loss caused by use of two cascaded networks respectively for detecting the type of the parking space and detecting the direction angle of the parking space is avoided, and high availability is achieved.” See Pang [0014]), where a model can be used to determine parking space direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
OGATA et al. (US 20200166349 A1) is pertinent because (“Then, when this measurement degree is equal to or more than a specified value, the second parking space PS2[q] is determined as the parking space PS[q]. Otherwise, the first parking space PS1[q] is determined as the parking space PS[q]. Specifically speaking, when the measurement degree of the obstacle point group MOP[d] is equal to or more than a specified value, it is determined that the reliability of the second parking space PS2[q] is high, and the second parking space PS2[q] is thereby used” [0094]), which pertains to a parking space having a confidence level greater than or equal to a preset confidence level threshold.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christine N Huynh whose telephone number is (571)272-9980. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aniss Chad can be reached at (571)270-3832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE NGUYEN HUYNH/Examiner, Art Unit 3662
/Madison R. Inserra/Primary Examiner, Art Unit 3662
Prosecution Insights