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 .
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.
Claim Status
This action is in response to applicant’s filing on 5/29/2025 and 7/29/2025. Claims 1-20 are pending and considered below.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without integrating the judicial exception into a practical application and without an additional element which amounts to significantly more than the judicial exception.
Regarding claims 1-9, step 1 analysis, the subject matter of claims 1-9 is included in the four patent-eligible subject matter categories (e.g., process, machine, manufacture or composition of matter). Claims 1-9 are directed to a method.
Claims 1-9 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (a mental process involving observation and evaluation which could be performed in the human mind). Claims 1-9 are directed to a method for planning a traveling path. This limitation is a simple process that, under the broadest reasonable interpretation, covers performance of the limitation in the mind. For example, the claims encompass a driver noticing a speed bump and determining a path for parking a vehicle which avoids shifting gear while straddling the speed bump. Thus, the claims recite a mental process.
Claims 1-9 include the revised step 2A, prong two, additional element of obtaining a first area in which a surmountable obstacle around a vehicle is located. Obtaining a first area is data gathering, which is a form of insignificant extra-solution activity. Claims 1-9 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 1-9 generally link the use of the abstract idea to a particular technological environment or field of use (vehicle path planning systems).
Claims 1-9 do not include any step 2B additional elements. Therefore, claims 1-9 are rejected under 35 U.S.C. 101.
Regarding claims 10-18, step 1 analysis, the subject matter of claims 10-18 is included in the four patent-eligible subject matter categories. Claims 10-18 are directed to an apparatus (at least one processor and at least one non-transitory computer-readable storage medium).
Claims 10-18 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (a mental process involving observation and evaluation which could be performed in the human mind). Claims 10-18 are directed to an apparatus for planning a traveling path. This limitation is a simple process that, under the broadest reasonable interpretation, covers performance of the limitation in the mind. For example, the claims encompass a driver noticing a speed bump and determining a path for parking a vehicle which avoids shifting gear while straddling the speed bump. Thus, the claims recite a mental process.
Claims 10-18 include the revised step 2A, prong two, additional element of obtaining a first area in which a surmountable obstacle around a vehicle is located. Obtaining a first area is data gathering, which is a form of insignificant extra-solution activity. Claims 10-18 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 10-18 generally link the use of the abstract idea to a particular technological environment or field of use (vehicle path planning systems).
Claims 10-18 include the step 2B additional elements of at least one processor and at least one non-transitory computer-readable storage medium. Applicant’s specification does not provide any indication that the processor and medium are anything other than conventional processors and media. Planning a traveling path is a well-understood, routine and conventional function when claimed using generic processors and media. Processors and media are widely prevalent and in common use in vehicle path planning systems. Processors and media are not significantly more than the judicial exception since they are well-understood, routine and conventional features previously known to the vehicle industry. Therefore, claims 10-18 are rejected under 35 U.S.C. 101.
Regarding claims 19-20, step 1 analysis, the subject matter of claims 19-20 is included in the four patent-eligible subject matter categories. Claims 19-20 are directed to a device (a non-transitory storage medium and one or more processors).
Claims 19-20 are directed to a judicial exception. The claim limitations recite a revised step 2A, prong one, abstract idea (a mental process involving observation and evaluation which could be performed in the human mind). Claims 19-20 are directed to an device for planning a traveling path. This limitation is a simple process that, under the broadest reasonable interpretation, covers performance of the limitation in the mind. For example, the claims encompass a driver noticing a speed bump and determining a path for parking a vehicle which avoids shifting gear while straddling the speed bump. Thus, the claims recite a mental process.
Claims 19-20 include the revised step 2A, prong two, additional element of obtaining a first area in which a surmountable obstacle around a vehicle is located. Obtaining a first area is data gathering, which is a form of insignificant extra-solution activity. Claims 19-20 do not recite revised step 2A, prong two, additional elements that integrate the abstract idea into a practical application. Claims 19-20 generally link the use of the abstract idea to a particular technological environment or field of use (vehicle path planning systems).
Claims 19-20 include the step 2B additional elements of a non-transitory storage medium and one or more processors. Applicant’s specification does not provide any indication that the medium and processor are anything other than conventional media and processors. Planning a traveling path is a well-understood, routine and conventional function when claimed using generic media and processors. Media and processors are widely prevalent and in common use in vehicle path planning systems. Media and processors are not significantly more than the judicial exception since they are well-understood, routine and conventional features previously known to the vehicle industry. Therefore, claims 19-20 are rejected under 35 U.S.C. 101.
Examiner suggests amending the independent claims to positively recite a vehicle control function in order to provide a revised step 2A, prong two, additional element that integrates the abstract idea into a practical application. For instance, the independent claims could be amended to include “automatically maneuvering the vehicle based on the planned traveling path”.
See, the 2019 Revised Patent Subject Matter Eligibility Guidance, which is available on the USPTO Website.
Claim Rejections - 35 USC § 102
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, 6, 9-10, 15 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kook et al. (U.S. Patent Number 10,661,776, hereinafter Kook).
Regarding claim 1, Kook discloses:
obtaining a first area in which a surmountable obstacle around a vehicle is located (col. 4, lines 24-59; col. 6, lines 26-41; FIG. 1, vehicle-10, speed bump-20, and transmission control apparatus of vehicle-100; and FIG. 2, navigation-15, controller-110, and sensor module-130); and
planning a traveling path based on the first area, wherein the traveling path comprises a first location, and the first location is a location at which a tire is located when the vehicle performs gear shift, wherein the first location is outside the first area (col. 10, lines 8-64; FIG. 10, predicted gear ratio-GRB, and gear shift reference position-P; and FIG. 11, Is speed bump ahead of vehicle? - S110, Measure first driving data before vehicle approaches speed bump - S120, Predict second driving data of vehicle behind speed bump - S130, Calculate predicted gear ratio based on second driving data and grade of road ahead - S140, Determine gear into which vehicle is to be shifted - S150, and Perform transmission control when vehicle reaches gear shift reference position ahead of speed bump - S160).
Regarding claim 6, Kook further discloses:
wherein the planning a traveling path based on the first area comprises: determining a third area based on the first area, wherein: the third area does not overlap with the first area; and the third area is an area in which the vehicle performs a gear shift operation after surmounting the surmountable obstacle; or the third area is an area in which the vehicle performs a gear shift operation before surmounting the surmountable obstacle; and planning the traveling path based on the third area (col. 10, lines 8-64; and FIG. 10, predicted gear ratio-GRB, and gear shift reference position-P).
Regarding claims 9 and 18, Kook further discloses:
wherein the surmountable obstacle comprises a speed bump (col. 4, lines 24-59; and FIG. 1, vehicle-10, speed bump-20, and transmission control apparatus of vehicle-100).
Regarding claim 10, Kook further discloses:
at least one processor (col. 11, lines 1-30);
at least one non-transitory computer-readable storage medium storing a program to be executed by the at least one processor, the program including instructions to: (col. 11, lines 1-30; and FIG. 12, computing system-1000, processor-1100, memory-1300, and storage-1600);
obtain a first area in which a surmountable obstacle around a vehicle is located (col. 4, lines 24-59; col. 6, lines 26-41; FIG. 1, vehicle-10, speed bump-20, and transmission control apparatus of vehicle-100; and FIG. 2, navigation-15, controller-110, and sensor module-130); and
plan a traveling path based on the first area, wherein the traveling path comprises a first location, and the first location is a location at which a tire is located when the vehicle performs gear shift, wherein the first location is outside the first area (col. 10, lines 8-64; FIG. 10, predicted gear ratio-GRB, and gear shift reference position-P; and FIG. 11, Is speed bump ahead of vehicle? - S110, Measure first driving data before vehicle approaches speed bump - S120, Predict second driving data of vehicle behind speed bump - S130, Calculate predicted gear ratio based on second driving data and grade of road ahead - S140, Determine gear into which vehicle is to be shifted - S150, and Perform transmission control when vehicle reaches gear shift reference position ahead of speed bump - S160).
Regarding claim 15, Kook further discloses:
wherein the instructions further include instructions to: determine a third area based on the first area, wherein: the third area does not overlap with the first area; and the third area is an area in which the vehicle performs a gear shift operation after surmounting the surmountable obstacle; or the third area is an area in which the vehicle performs a gear shift operation before surmounting the surmountable obstacle; and plan the traveling path based on the third area (col. 10, lines 8-64; and FIG. 10, predicted gear ratio-GRB, and gear shift reference position-P).
Regarding claim 19, Kook further discloses:
A non-transitory storage medium storing a program that is executable by one or more processors, the program including instructions for: (col. 11, lines 1-30; and FIG. 12, computing system-1000, processor-1100, memory-1300, and storage-1600);
obtaining a first area in which a surmountable obstacle around a vehicle is located (col. 4, lines 24-59; col. 6, lines 26-41; FIG. 1, vehicle-10, speed bump-20, and transmission control apparatus of vehicle-100; and FIG. 2, navigation-15, controller-110, and sensor module-130); and
planning a traveling path based on the first area, wherein the traveling path comprises a first location, and the first location is a location at which a tire is located when the vehicle performs gear shift, wherein the first location is outside the first area (col. 10, lines 8-64; FIG. 10, predicted gear ratio-GRB, and gear shift reference position-P; and FIG. 11, Is speed bump ahead of vehicle? - S110, Measure first driving data before vehicle approaches speed bump - S120, Predict second driving data of vehicle behind speed bump - S130, Calculate predicted gear ratio based on second driving data and grade of road ahead - S140, Determine gear into which vehicle is to be shifted - S150, and Perform transmission control when vehicle reaches gear shift reference position ahead of speed bump - S160).
Claim Rejections - 35 USC § 103
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.
Claims 7-8 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kook, as applied to claims 1, 6, 10 and 15 above, and further in view of Gunzel (US-2020/0198623-A1, hereinafter Gunzel).
Regarding claim 7, Kook does not disclose a surmountable obstacle and another obstacle around a vehicle. However, Gunzel discloses automated control of a motor vehicle during a parking maneuver, including the following features:
wherein the determining a third area based on the first area comprises determining the third area based on the first area and another obstacle around the vehicle (paragraphs [0022-0028], [0034] and [0044-0045]; FIG. 1, motor vehicle-10, vehicle-side sensor device-14, computing device-15, vehicle-side communication device-16, control device-17, non-traversable obstacle-22, communication link-26, vehicle-side receiver-29, and ground-level obstacle-30; FIG. 2, Evaluate obstacles along trajectory - S4; and FIG. 3, Evaluate obstacles along trajectory - S4).
Gunzel teaches that an automated parking system should maneuver vehicles based on non-traversable obstacles (e.g., walls) and ground-level obstacles (e.g., speed bumps) (paragraphs [0025-0026]). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the system of maneuvering vehicles based on non-traversable obstacles and ground-level obstacles of Gunzel into the system of maneuvering vehicles to produce a gear shift before the vehicle reaches a speed bump of Kook. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of preventing the vehicle from colliding with the non-traversable obstacle.
Regarding claim 8, Kook does not disclose a user enabling an automatic parking function. However, Gunzel further discloses:
wherein, before the obtaining a first area in which a surmountable obstacle around a vehicle is located, the method further comprises: detecting that a user enables an automatic parking function; and obtaining information about a target parking spot, wherein the traveling path is a path along which the vehicle parks from a current location of the vehicle to the target parking spot (paragraphs [0022-0023]; and FIG. 1, motor vehicle-10, free parking space-11, computing device-15, current vehicle position-19, destination position-19’, and trajectory-23).
Gunzel teaches that a vehicle should maneuver from a current position to a destination position along a trajectory which crosses a speed bump in response to a user command (paragraph [0023]). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the system of maneuvering vehicles from a current position to a destination position of Gunzel into the system of maneuvering vehicles to produce a gear shift before the vehicle reaches a speed bump of Kook. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of selecting a trajectory which avoids non-traversable obstacles when parking a vehicle.
Regarding claim 16, Kook does not disclose a surmountable obstacle and another obstacle around a vehicle. However, Gunzel further discloses:
wherein the instructions further include instructions to: determine the third area based on the first area and another obstacle around the vehicle (paragraphs [0022-0028], [0034] and [0044-0045]; FIG. 1, motor vehicle-10, vehicle-side sensor device-14, computing device-15, vehicle-side communication device-16, control device-17, non-traversable obstacle-22, communication link-26, vehicle-side receiver-29, and ground-level obstacle-30; FIG. 2, Evaluate obstacles along trajectory - S4; and FIG. 3, Evaluate obstacles along trajectory - S4).
Gunzel teaches that an automated parking system should maneuver vehicles based on non-traversable obstacles (e.g., walls) and ground-level obstacles (e.g., speed bumps) (paragraphs [0025-0026]). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the system of maneuvering vehicles based on non-traversable obstacles and ground-level obstacles of Gunzel into the system of maneuvering vehicles to produce a gear shift before the vehicle reaches a speed bump of Kook. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of preventing the vehicle from colliding with the non-traversable obstacle.
Regarding claim 17, Kook does not disclose a user enabling an automatic parking function. However, Gunzel further discloses:
wherein the instructions further include instructions to, before obtaining the first area in which a surmountable obstacle around the vehicle is located: detect that a user enables an automatic parking function; and obtain information about a target parking spot, wherein the traveling path is a path along which the vehicle parks from a current location of the vehicle to the target parking spot (paragraphs [0022-0023]; and FIG. 1, motor vehicle-10, free parking space-11, computing device-15, current vehicle position-19, destination position-19’, and trajectory-23).
Gunzel teaches that a vehicle should maneuver from a current position to a destination position along a trajectory which crosses a speed bump in response to a user command (paragraph [0023]). It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to incorporate the system of maneuvering vehicles from a current position to a destination position of Gunzel into the system of maneuvering vehicles to produce a gear shift before the vehicle reaches a speed bump of Kook. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of selecting a trajectory which avoids non-traversable obstacles when parking a vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nister et al. (US-2022/0404829-A1) discloses a system of vehicle path planning suitable for parking (Abstract). A trajectory assessor may apply a cost function modeling the amount of time taken to traverse a trajectory, which may include a penalty for changing from forward to reverse or back and assess some time spent traversing through a trajectory depending on its distance (paragraph [0075]). One cost model has a cost that depends, at least in part, on the distance traveled through a turn, with a penalty for changing turn type (including changing into reverse) that depends on the type of turn before and after the switch (paragraph [0076]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA L WEBER whose telephone number is (303)297-4249. The examiner can normally be reached 8:30-5:00 MTN.
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, Faris Almatrahi can be reached at 3134464821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TAMARA L. WEBER
Examiner
Art Unit 3667
/TAMARA L WEBER/ Examiner, Art Unit 3667
Prosecution Insights