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 .
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, 7, 8, 12, 13, 17 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.
Claim 2 recites “the traveling route” in line 2. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 3 recites “the traveling route” in line 2 and 3. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 4 recites “the traveling route” in line 2. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 5 is rejected by virtue of its dependency.
Claim 7 recites “the traveling route” in line 2. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 8 is rejected by virtue of its dependency. Note “the traveling route” is also recited in claim 8.
Claim 12 recites “the traveling route” in line 2. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 13 recites “the traveling route” in line 3. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 17 recites “the traveling route” in line 3. There is insufficient antecedent basis for this limitation in the claim. Clarification is requested.
Claim 18 is rejected by virtue of its dependency. Note “the traveling route” is also recited in claim 18.
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.
Claims 1-3, 6, 9-13, 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Harai (US 2021/0245734 A1) in view of Iwama (US 2018/0246515 A1).
Regarding claim 1, Harai discloses a driving assistance method that assists driving of a vehicle (see at least [0001]), the driving assistance method comprising:
storing a route traveled by the vehicle according to a driving operation of a user from a starting point to a target point, the route including intermediate points between the starting point and the target point (see at least Figure 5, items 405, 403 and 401 | [0066] note the getting-out position 402 may be set at the time of recording the driving operation (i.e., the route) in the storage unit 330 by the user, for example, at the time of recording, when the user stops the own vehicle at the position desired to be set to the getting-out position 402 and user input such as operation of the touch panel 18 is made or the user opens and closes the door of the own vehicle, the position is recorded in the storage unit 330 as the getting-out position 402 | [0040] note the storage unit 330 records in advance at least one of the self-position in a running route 405 (i.e., the route) from a recording start point 403 (i.e., the starting point) to a final parking position 401 (i.e., the target point));
initiating first automatic travel from the starting point of the route based on the route in an automatic traveling mode when a first current position of the vehicle matches the starting point of the route, and a command of the user is received (see at least [0041] note the recording start point 403 (i.e., the starting point) may be set as the automatic driving startable start point 406, or the automatic driving startable start point 406 (i.e., at least one intermediate point) may be set as the automatic driving startable start point 406 which is located between the recording start point 403 (i.e., the starting point) and the final parking position 401 (i.e., the target point) | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 (i.e., the route) by automatic driving at least from the automatic driving startable start point 403 (i.e., the starting point), see [0041], to the final parking position 401 (i.e., the target point) when started by a user operation | [0052] note when a predetermined user input has been performed (S201), or the position of the own vehicle acquired by the GNSS (321) is within the predetermined area (S202) corresponding to the recording start point 403, peripheral information is called | [0053] note it is determined whether or not the peripheral information called in S203 and the peripheral information acquired from the outside world recognition unit 310 match (i.e., when the recording start point 403 is the automatic driving startable start point 406), wherein matching does not have to be the case of perfect matching, and a degree of matching may be calculated such that it may be determined that they match when the degree of matching is equal to or higher than a set threshold value | [0054-0055] note after it is determined they match (i.e., when the recording start point 403 is the automatic driving startable start point 406), and it is determined in S206 the automatic driving start device has been operated, such as operating a physical operation button provided in the vehicle interior or an operation button displayed on the touch panel 18, the automatic driving of the own vehicle is started at the automatic driving startable start point 403, and the own vehicle is moved along the running route 405);
continuing the first autonomic travel from the starting point to the target point of the route in the automatic traveling mode, based on the route which is traveled by the vehicle in the driving operation (see at least [0040] note the storage unit 330 records in advance the running route 405 from a recording start point 403 to a final parking position 401 | [0041] note the recording start point 403 (i.e., the starting point) may be set as the automatic driving startable start point 406 | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 (i.e., the route) by automatic driving at least from the automatic driving startable start point 403, see [0041], to the final parking position 401, wherein the automatic driving may be started by a user operation);
initiating second automatic travel from one of the intermediate points of the route, based on the route in the automatic traveling mode when a second current position of the vehicle matches the one of the intermediate points of the route, and the command of the user is received (see at least [0041] note the automatic driving startable start point 406 is set between the recording start point 403 (i.e., the starting point) and the final parking position 401 (i.e., the target point) | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 by automatic driving at least from the automatic driving startable start point 406 to the final parking position 401 when started by a user operation | [0053] note matching); and
continuing the second automatic travel from the one of the intermediate points to the target point of the route in the automatic traveling mode, based on the route which is traveled by the vehicle in the driving operation (see at least [0040] note the storage unit 330 records in advance the running route 405 from a recording start point 403 to a final parking position 401 | [0041] note the automatic driving startable start point 406 is set between the recording start point (i.e., the starting point) 403 and the final parking position 401 (i.e., the target point) | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 (i.e., the route) by automatic driving at least from the automatic driving startable start point 406, see [0041], to the final parking position 401, wherein the automatic driving may be started by a user operation).
However, Harai does not specifically disclose a training route and a training traveling mode.
It is known to have a specific mode to learn a desired driving trajectory. For example, Iwama teaches a driving assistance apparatus that stores a training route in a training traveling mode (see at least [0069] | [0092] | [0070] | [0006-0007] | [0052-0054]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing dated of the claimed invention to incorporate the features of Iwama into Harai. This provides an easy to understand, direct vehicle to user interaction, when storing a route to be traveled by a vehicle in an automatic traveling mode, thus improving storing accuracy.
Regarding claim 2, Harai in view of Iwama teach wherein each of the intermediate points of the traveling route is estimated by a dead reckoner in the training traveling mode (see at least [0034] of Harai | [0053] of Harai, note matching locations via images | [0070] of Iwama, note locations are determined via image matching or dead reckoning).
Regarding claim 3, Harai in view of Iwama teach wherein in the storing of the traveling route, first information on each of the intermediate points of the traveling route is sequentially stored in the training traveling mode (see at least [0066] of Harai, note the getting out position 402 is recorded after intermediate point 406 | [0006-0007] of Iwama, note the two-staged automatic parking includes a learning stage and an auto-parking stage, wherein in the learning stage, the driver parks the vehicle and learning methods are performed to observe and memorize reference data indicative of the parking path leading from the initial location to the location of the target parking space | [0069] of Iwama | [0052-0054] of Iwama).
Regarding claim 6, Harai in view of Iwama teach wherein the intermediate points of the training route include at least one point of turn (see at least [0041] of Harai, note an automatic driving startable start point 406 is set between the recording start point 403 and the final parking position 401, that is, it can be located at a point of turn | [0066] of Harai, note the getting-out point can be set by the user in any location along the training route, such that it is included at a point of turn | Figure 2, item 505 of Iwama | [0053] of Iwama, note the first or learned parking path 505 can be entirely curved comprising several points of turn). It is noted that the examples provides by Harai and Iwama are simply examples. The driver’s of Harai and Iwama can store a training route with any number points of turn if desired.
Regarding claim 9, Harai in view of Iwama teach wherein the target point corresponds to a target parking position located in a parking space (see at least [0040] of Harai, note a final parking position 401 | Figure 2, item 502 of Iwama | [0069] of Iwama).
Regarding claim 10, Harai in view of Iwama teach wherein the command of the user is received by at least one of a touchscreen, a commander, a button, or an operation key (see at least [0055] of Harai, note button provided on the touch panel 18).
Regarding claim 11, Harai discloses a driving assistance apparatus for a vehicle (see at least Figures 1-4, items 5 and 300 | [0001] | [0034] | [0036]) comprising:
an input configured to be coupled with at least one of a sensor located in the vehicle or a camera located in the vehicle (see at least Figure 2, items 5 and 7 | [0031-0032]);
an output configured to be coupled with a vehicle driving apparatus controlling automatic travels of the vehicle (see at least Figure 2, items 5 and 1 | [0031]), wherein
the driving assistance apparatus stores a route traveled by the vehicle according to a driving operation of a user from a starting point to a target point, the route including intermediate points between the starting point and the target point (see at least Figure 5, items 405, 403 and 401 | [0066] note the getting-out position 402 may be set at the time of recording the driving operation (i.e., the route) in the storage unit 330 by the user, for example, at the time of recording, when the user stops the own vehicle at the position desired to be set to the getting-out position 402 and user input such as operation of the touch panel 18 is made or the user opens and closes the door of the own vehicle, the position is recorded in the storage unit 330 as the getting-out position 402 | [0040] note the storage unit 330 records in advance at least one of the self-position in a running route 405 (i.e., the route) from a recording start point 403 (i.e., the starting point) to a final parking position 401 (i.e., the target point)),
the driving assistance apparatus initiates first automatic travel from the starting point of the route based on the route in an automatic traveling mode when a first current position of the vehicle matches the starting point of the route, and a command of the user is received (see at least [0041] note the recording start point 403 (i.e., the starting point) may be set as the automatic driving startable start point 406, or the automatic driving startable start point 406 (i.e., at least one intermediate point) may be set as the automatic driving startable start point 406 which is located between the recording start point 403 (i.e., the starting point) and the final parking position 401 (i.e., the target point) | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 (i.e., the route) by automatic driving at least from the automatic driving startable start point 403 (i.e., the starting point), see [0041], to the final parking position 401 (i.e., the target point) when started by a user operation | [0052] note when a predetermined user input has been performed (S201), or the position of the own vehicle acquired by the GNSS (321) is within the predetermined area (S202) corresponding to the recording start point 403, peripheral information is called | [0053] note it is determined whether or not the peripheral information called in S203 and the peripheral information acquired from the outside world recognition unit 310 match (i.e., when the recording start point 403 is the automatic driving startable start point 406), wherein matching does not have to be the case of perfect matching, and a degree of matching may be calculated such that it may be determined that they match when the degree of matching is equal to or higher than a set threshold value | [0054-0055] note after it is determined they match (i.e., when the recording start point 403 is the automatic driving startable start point 406), and it is determined in S206 the automatic driving start device has been operated, such as operating a physical operation button provided in the vehicle interior or an operation button displayed on the touch panel 18, the automatic driving of the own vehicle is started at the automatic driving startable start point 403, and the own vehicle is moved along the running route 405),
the driving assistance apparatus continues the first automatic travel from the starting point to the target point of the route in the automatic traveling mode, based on the route which is traveled by the vehicle in the driving operation (see at least [0040] note the storage unit 330 records in advance the running route 405 from a recording start point 403 to a final parking position 401 | [0041] note the recording start point 403 (i.e., the starting point) may be set as the automatic driving startable start point 406 | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 (i.e., the route) by automatic driving at least from the automatic driving startable start point 403, see [0041], to the final parking position 401, wherein the automatic driving may be started by a user operation),
the driving assistance apparatus initiates second automatic travel from one of the intermediate points of the route, based on the route in the automatic traveling mode when a second current position of the vehicle matches the one of the intermediate points of the route, and the command of the user is received (see at least [0041] note the automatic driving startable start point 406 is set between the recording start point 403 (i.e., the starting point) and the final parking position 401 (i.e., the target point) | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 by automatic driving at least from the automatic driving startable start point 406 to the final parking position 401 when started by a user operation | [0053] note matching); and
the driving assistance apparatus continues the second automatic travel from the one of the intermediate points to the target point of the route in the automatic traveling mode, based on the training route which is traveled by the vehicle in the driving operation (see at least [0040] note the storage unit 330 records in advance the running route 405 from a recording start point 403 to a final parking position 401 | [0041] note the automatic driving startable start point 406 is set between the recording start point (i.e., the starting point) 403 and the final parking position 401 (i.e., the target point) | [0042] note the automatic parking control device 300 performs control of automatically driving the own vehicle along the running route 405 (i.e., the route) by automatic driving at least from the automatic driving startable start point 406, see [0041], to the final parking position 401, wherein the automatic driving may be started by a user operation).
However, Harai does not specifically disclose a training route and a training traveling mode.
It is known to have a specific mode to learn a desired driving trajectory. For example, Iwama teaches a driving assistance apparatus that stores a training route in a training traveling mode (see at least [0069] | [0092] | [0070] | [0006-0007] | [0052-0054]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing dated of the claimed invention to incorporate the features of Iwama into Harai. This provides an easy to understand, direct vehicle to user interaction, when storing a route to be traveled by a vehicle in an automatic traveling mode, thus improving storing accuracy.
Regarding claim 12, Harai in view of Iwama teach wherein each of the intermediate points of the traveling route is estimated by a dead reckoner in the training traveling mode (see at least [0034] of Harai | [0053] of Harai, note matching locations via images | [0070] of Iwama, note locations are determined via image matching or dead reckoning).
Regarding claim 13, Harai in view of Iwama teach wherein the driving assistance apparatus stores first information on each of the intermediate points of the traveling route sequentially in the training traveling mode (see at least [0066] of Harai, note the getting out position 402 is recorded after intermediate point 406 | [0006-0007] of Iwama, note the two-staged automatic parking includes a learning stage and an auto-parking stage, wherein in the learning stage, the driver parks the vehicle and learning methods are performed to observe and memorize reference data indicative of the parking path leading from the initial location to the location of the target parking space | [0069] of Iwama | [0052-0054] of Iwama).
Regarding claim 16, Harai in view of Iwama teach wherein the intermediate points of the training route include at least one point of turn (see at least [0041] of Harai, note an automatic driving startable start point 406 is set between the recording start point 403 and the final parking position 401, that is, it can be located at a point of turn | [0066] of Harai, note the getting-out point can be set by the user in any location along the training route, such that it is included at a point of turn | Figure 2, item 505 of Iwama | [0053] of Iwama, note the first or learned parking path 505 can be entirely curved comprising several points of turn). It is noted that the examples provides by Harai and Iwama are simply examples. The driver’s of Harai and Iwama can store a training route with any number points of turn if desired.
Regarding claim 19, Harai in view of Iwama teach wherein the target point corresponds to a target parking position located in a parking space (see at least [0040] of Harai, note a final parking position 401 | Figure 2, item 502 of Iwama | [0069] of Iwama).
Regarding claim 20, Harai in view of Iwama teach wherein the input is further configured to be coupled with at least one of a touchscreen, a commander, a button or an operation key, the at least one configured to receive the command (see at least [0055] of Harai, note button provided on the touch panel 18).
Claims 4, 5, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Harai (US 2021/0245734 A1) in view of Iwama (US 2018/0246515 A1) as applied to claims 1 and 11 above, and in further view of Hwang (US 2019/0072974 A1).
Regarding claim 4, Harai in view of Iwama teach wherein in the storing of the traveling route, second information on first camera images captured by a vehicle camera is stored in the training traveling mode (see at least [0024] of Harai | [0053] of Harai | [0069] of Iwama | [0051-0054] of Iwama).
However, Harai in view of Iwama do not specifically teach an in-vehicle camera.
It is known for a vehicle to have different types of cameras. For example, Hwang teaches a driving assistance apparatus that comprises an in-vehicle camera (see at least Figure 1, item 310a | [0132-0134] note in-vehicle cameras and exterior vehicle cameras | [0298] | [0017] | [0342-0344] | [0151]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Hwang into Harai in view of Iwama. This provides a known alternative camera location that can be used in place of, or in addition to, Harai in view of Iwama’s camera location. In addition, this may provide a camera with a view that can be cleaned via windshield wipers.
Regarding claim 5, Harai in view of Iwama and Hwang teach wherein each of the first current position and the second current position of the vehicle are estimated with the second information and second camera images captured by the in-vehicle camera in the automatic traveling mode (see at least [0053] of Harai | [0051-0054] of Iwama | [0133] of Hwang).
Regarding claim 14, Harai in view of Iwama and Hwang teach wherein the driving assistance apparatus stores second information on first camera images captured by the camera in the training traveling mode (see at least [0024] of Harai | [0053] of Harai | [0069] of Iwama | [0051-0054] of Iwama | Figure 1, item 310a of Hwang | [0132-0134] of Hwang, note in-vehicle cameras and exterior vehicle cameras | [0298] of Hwang | [0017] of Hwang | [0342-0344] of Hwang | [0151] of Hwang).
Regarding claim 15, Harai in view of Iwama and Hwang teach wherein the driving assistance apparatus estimates each of the first current position and the second current position of the vehicle with the second information and second camera images captured by the camera in the automatic traveling mode (see at least [0053] of Harai | [0051-0054] of Iwama | [0133] of Hwang).
Claims 7, 8, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Harai (US 2021/0245734 A1) in view of Iwama (US 2018/0246515 A1) as applied to claims 1 and 11 above, and in further view of Derendarz (US 2018/0265130 A1).
Regarding claim 7, Harai in view of Iwama do not specifically teach further comprising: superimposing, on a display, a target route based on the traveling route in the automatic traveling mode.
It is known for vehicles to provide different types of information to a driver. For example, Derendarz teaches a driving assistance apparatus that further comprises: superimposing, on a display, a target route based on the traveling route in the automatic traveling mode (see at least Figures 3-4 of Derendarz, note the target route (i.e., the stored training route) corresponds to the traveling route (i.e., the training route driven during the training traveling mode) | [0057] | [0034] note provided trajectories (i.e., target routes) are displayed in a three-dimensional elevation of an environment | [0035] note when the automated drive along the selected trajectory is carried out, and if the environment changes, an alternative trajectory can be selected from other provided trajectories | [0023] note displayed trajectories can be further ranked by required time to complete).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of the Derendarz into Harai in view of Iwama. This provides a reviewable path of travel to the user.
Regarding claim 8, Harai in view of Iwama and Derendarz teach wherein the target route is shorter than the traveling route (see at least [0023] of Derendarz, note displayed trajectories can be ranked by required time to complete).
Regarding claim 17, Harai in view of Iwama and Derendarz teach wherein the driving assistance apparatus superimposes on a display, a target route based on the traveling route in the automatic traveling mode (see at least Figures 3-4 of Derendarz, note the target route (i.e., the stored training route) corresponds to the traveling route (i.e., the training route driven during the training traveling mode) | [0057] of Derendarz | [0034] of Derendarz, note provided trajectories (i.e., target routes) are displayed in a three-dimensional elevation of an environment | [0035] of Derendarz, note when the automated drive along the selected trajectory is carried out, and if the environment changes, an alternative trajectory can be selected from other provided trajectories | [0023] of Derendarz, note displayed trajectories can be further ranked by required time to complete).
Regarding claim 18, Harai in view of Iwama and Derendarz teach wherein the target route is shorter than the traveling route (see at least [0023] of Derendarz, note displayed trajectories can be ranked by required time to complete).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Grimm (US 2013/0085637 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN WILSON whose telephone number is 571-270-5884. The examiner can normally be reached Monday-Friday 9:00-5:00pm.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689
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