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 .
DETAILED ACTION
1. This communication is a first office action, non-final rejection on the merits. Claims 1-12, as originally filed, are currently pending and have been considered below.
Priority
2. As required by M.P.E.P.201.14(c), acknowledgement is made of applicant’s claim for priority based on applications filed on September 08, 2025 which is continuation PCT/JP2024/006951 20240227 and (PCT/IB10/54625) and March 10, 2023 (JP 2023-037291).
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 09/08/25 and 6/25/26 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Rejections - 35 USC § 101
4. 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 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea).
Claim 1:
Step Analysis 1: Statutory Category? Yes. The claim is a system claim.
2A - Prong 1: Judicial Exception Recited?
Yes. The claim recites the limitation of determining travel state. This limitation, as drafted, is a system that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “determining travel state,”
nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “determining travel state by recognizing surrounding environment” language, the claim encompasses a user simply determining travel state by recognizing surrounding environment in his/her mind. The mere nominal recitation of a generic recognizing unit for determining travel state for surrounding environment does not take the claim limitation out of the mental processes grouping. Thus, the claim recites a mental.
2A - Prong 2: Integrated into a Practical Application?
No. The claim recites additional elements: determining assistance level for parking based on travel state and environment performs the determination step. The determination step is recited at a high level of generality (i.e., as a general means of gathering data for use in the step), and amounts to mere data gathering or manipulations, which is a form of insignificant extra-solution activity. The determination unit that performs the determination step is also recited at a high level of generality, and merely automates the determination step. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component (the determining assistance level for parking based on travel state and environment).
The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component (the recognition circuit). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to the abstract idea.
2B: Claim provides an Inventive Concept?
No. As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the determination step was considered to be extra-solution activity in Step 2A, and thus it is re-evaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field. The background of the example does not provide any indication that the driver circuit is anything other than a generic, and the Symantec, TLI, and OIP Techs. court decisions cited in MPEP 2106.05(d)(II) indicate that mere collection or determination of data over a driver circuit is a well understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here).
Accordingly, a conclusion that the determining step is well-understood, routine, conventional activity is supported under Berkheimer.
For these reasons, there is no inventive concept in the claim, and thus it is ineligible
Claims 2-12: Similar analysis applied.
Double Patenting
5. Claim 1-12 rejected on the ground of nonstatutory double patenting over claims 1-3 of U.S. Patent No. 12174028 B2 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim Rejections - 35 USC § 103
6. 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 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 of this title, 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.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
8. 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.
9. Claims 1-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over MAEDA (US 20190291722 A1) (hereinafter MAEDA) in view of Wang (US 20180194344 A1) (hereinafter Wang).
Regarding claim 1, MAEDA discloses a parking assistance system for a vehicle, the parking assistance system comprising: a travel state determination unit that determines a travel state of the vehicle (Fig. 5, determine position S11, para 06, parking assistance method capable of recognizing a parking space):
an environment recognition unit that recognizes a surrounding environment of the vehicle (Fig. 5, recognize parking space S13, para 29, ecognizing the far side environment of the parking space);
an assistance level determination unit that determines an assistance level for parking the vehicle based on the travel state and the environment (para 08, The parking assistance device comprises: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space).
MAEDA specifically fails to disclose a parking control unit that performs parking control based on the determined assistance level.
In analogous art, Wang discloses a parking control unit that performs parking control based on the determined assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 19, FIGS. 1A-1D, vehicle 100 performs the autonomous parking maneuver by moving the vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use methods for performing autonomous parking maneuvers where vehicle can be instructed to perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location [Wang, paragraph 04].
Regarding claim 2, MAEDA discloses the parking assistance system according to claim 1, wherein: the environment recognizing unit identifies a parkable area in which the vehicle is able to park (Abstract, space recognition unit which recognizes parking space, para 26, vehicle 40 and performs processing for recognizing a parking space existing around own vehicle 40 based on received various kinds of information), and
performs either of vehicle speed control and steering control of the vehicle in response to the assistance level determining unit determining the assistance level to be the second assistance level (para 13, FIG. 3 is a diagram showing a case where forward parking is performed using position obtained from detected distance, para 06, parking assistance method capable of recognizing a parking space), and
performs vehicle speed control and steering control in response to the assistance level determining unit determining the assistance level to be the third assistance level (para 26, vehicle 40 and performs processing for recognizing a parking space existing around vehicle 40 based on received various of information, parking assistance device 10 calculates a parking route for automatically parking the own vehicle 40 to the recognized parking space).
MAEDA specifically fails to disclose identifies a distance between the vehicle and the parkable area; the assistance level determining unit determines the assistance level to be a first assistance level in response to the distance being equal to or greater than a threshold prescribed in advance,
determines the assistance level to be a second assistance level in response to the distance being less than the threshold and in response to the travel state determining unit determining that the vehicle is traveling as the travel state, and
determines the assistance level to be a third assistance level in response to the distance being less than the threshold and in response to the travel state determining unit determining that the vehicle is stopped as the travel state; and
the parking control unit performs notification to guide a passenger of the vehicle to the parkable area in response to the assistance level determining unit determining the assistance level to be the first assistance level.
In analogous art, Wang discloses identifies a distance between the vehicle and the parkable area; the assistance level determining unit determines the assistance level to be a first assistance level in response to the distance being equal to or greater than a threshold prescribed in advance (para 15, if threshold distance 114 is exceeded, vehicle notify driver that an autonomous parking maneuver from the current position),
determines the assistance level to be a second assistance level in response to the distance being less than the threshold and in response to the travel state determining unit determining that the vehicle is traveling as the travel state (para 25, autonomous parking process 400 can determine whether the vehicle (e.g., vehicle 100 above) is located in a start location of the navigation path, or within a threshold distance of the start location, para 14, con can assist the driver in properly positioning the vehicle 100 within range for beginning an autonomous parking maneuver), and
determines the assistance level to be a third assistance level in response to the distance being less than the threshold and in response to the travel state determining unit determining that the vehicle is stopped as the travel state (para 30, determination that the vehicle is within a threshold distance of the starting point, para 25, vehicle can provide a starting point indication to assist driver in correctly positioning vehicle); and
the parking control unit performs notification to guide a passenger of the vehicle to the parkable area in response to the assistance level determining unit determining the assistance level to be the first assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 19, FIGS. 1A-1D, vehicle 100 performs the autonomous parking maneuver by moving the vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles can use such information for performing autonomous driving and/or parking operations wherein a driver will repeat an identical or nearly identical parking maneuver [Wang, paragraph 11].
Regarding claim 3, MAEDA fails to discloses the parking assistance system according to claim 2, further comprising: a parking route storage unit that stores therein in advance a parking route to the parkable area, wherein the parking control unit performs vehicle speed control and steering control to park the vehicle in the parkable area using the stored parking route in response to the assistance level determining unit determining the assistance level to be the third assistance level.
In analogous art, Wang discloses the parking assistance system according to claim 2, further comprising: a parking route storage unit that stores therein in advance a parking route to the parkable area (Abstract, The system autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path),
wherein the parking control unit performs vehicle speed control and steering control to park the vehicle in the parkable area using the stored parking route in response to the assistance level determining unit determining the assistance level to be the third assistance level (para 04, vehicle perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 23, Fig. 2, data structure for storing position information (e.g., waypoints 120 above) for a stored navigation path or trajectory (e.g., autonomous navigation parking path 104) vehicle (e.g., vehicle 100 above) store a first trajectory for parking at a designated parking space, para 27, ndicating a parking maneuver starting point can be overlaid on a map to assist a user in locating the starting point).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles driver which can initiate an autonomous parking maneuver when arriving at a known start location without receiving any indication from the vehicle [Wang, paragraph 13].
Regarding claim 4, MAEDA fails to discloses the parking assistance system according to claim 2, further comprising: a travel route storage unit that stores therein a travel route from entry into a parking site that is an area including the parkable area,
wherein the parking control unit performs steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the assistance level determining unit determining the assistance level to be the second assistance level, and
performs vehicle speed control and steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the assistance level determining unit determining the assistance level to be the third assistance level.
In analogous art, Wang discloses the parking assistance system according to claim 2, further comprising: a travel route storage unit that stores therein a travel route from entry into a parking site that is an area including the parkable area (Abstract, The system autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path),
wherein the parking control unit performs steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the assistance level determining unit determining the assistance level to be the second assistance level (para 04, vehicle perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 23, Fig. 2, data structure for storing position information (e.g., waypoints 120 above) for a stored navigation path or trajectory (e.g., autonomous navigation parking path 104) vehicle (e.g., vehicle 100 above) store a first trajectory for parking at a designated parking space, para 27, ndicating a parking maneuver starting point can be overlaid on a map to assist a user in locating the starting point);
performs vehicle speed control and steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the assistance level determining unit determining the assistance level to be the third assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 11, systems and sensors for estimating the vehicle's position and/or orientation. Autonomous vehicles can use such information for performing autonomous driving and/or parking operations, para 19, vehicle 100 can use the recorded autonomous navigation parking path 104 to performs an autonomous parking maneuver).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to allow a user to more easily initiate an autonomous parking maneuver without requiring overly precise positioning of the vehicle by the driver. [Wang, paragraph 14].
Regarding claim 5, MAEDA discloses a parking assistance system for a vehicle, the parking assistance system (Fig. 5, determine position S11, para 06, parking assistance method capable of recognizing a parking space) comprising:
at least one of a circuit and a processor with a memory storing computer program code executable by the processor, the at least one of the circuit and the processor configured to cause the parking assistance system to (para 26, he parking assistance device 10 is a computer comprising a CPU, ROM, RAM, I/O, and the like, and realizes various functions to perform parking assistance of vehicle 40 by executing programs):
determine a travel state of the vehicle: recognize a surrounding environment of the vehicle (Fig. 5, recognize parking space S13, para 29, ecognizing the far side environment of the parking space);
determine an assistance level for parking the vehicle based on the travel state and the environment (para 08, The parking assistance device comprises: a position estimation unit which, in a situation where vehicle is advancing toward parking space).
MAEDA specifically fails to disclose perform parking control based on the determined assistance level.
In analogous art, Wang discloses perform parking control based on the determined assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to particular location, para 19, FIGS. 1A-1D, vehicle 100 performs autonomous parking maneuver by moving vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles can use such information for performing autonomous driving and/or parking operations wherein a driver will repeat an identical or nearly identical parking maneuver [Wang, paragraph 11].
Regarding claim 6, MAEDA discloses the parking assistance system according to claim 1, wherein: the at least one of the circuit and the processor is further configured to cause the parking assistance system to (Abstract, space recognition unit which recognizes the parking space, para 26, vehicle 40 and performs processing for recognizing a parking space existing around the own vehicle 40 based on the received various kinds of information):
perform either of vehicle speed control and steering control of the vehicle in response to the parking assistance system determining the assistance level to be the second assistance level (para 13, FIG. 3 is a diagram showing a case where forward parking is performed using second corner position obtained from the detected distance, para 06, parking assistance method capable of recognizing a parking space); and
perform vehicle speed control and steering control in response to the parking assistance system determining the assistance level to be the third assistance level (para 26, vehicle 40 and performs processing for recognizing a parking space existing around vehicle 40 based on received various of information, parking assistance device 10 calculates a parking route for automatically parking the own vehicle 40 to the recognized parking space).
MAEDA specifically fails to disclose identify a parkable area in which the vehicle is able to park; identify a distance between the vehicle and the parkable area;
determine the assistance level to be a first assistance level in response to the distance being equal to or greater than a threshold prescribed in advance;
determine the assistance level to be a second assistance level in response to the distance being less than the threshold and in response to the parking assistance system determining that the vehicle is traveling as the travel state;
determine the assistance level to be a third assistance level in response to the distance being less than the threshold and in response to the parking assistance system determining that the vehicle is stopped as the travel state;
perform notification to guide a passenger of the vehicle to the parkable area in response to the parking assistance system determining the assistance level to be the first assistance level.
In analogous art, Wang discloses identify a parkable area in which the vehicle is able to park; identify a distance between the vehicle and the parkable area ; determine the assistance level to be a first assistance level in response to the distance being equal to or greater than a threshold prescribed in advance (para 14, systemassist the driver in properly positioning the vehicle 100 within range for beginning an autonomous parking maneuver , para 15, if threshold distance 114 is exceeded, vehicle notify driver that an autonomous parking maneuver from the current position);
determine the assistance level to be a second assistance level in response to the distance being less than the threshold and in response to the parking assistance system determining that the vehicle is traveling as the travel state (para 25, autonomous parking process 400 can determine whether the vehicle (e.g., vehicle 100 above) is located in a start location of the navigation path, or within a threshold distance of the start location, para 14, con can assist the driver in properly positioning the vehicle 100 within range for beginning an autonomous parking maneuver);
determine the assistance level to be a third assistance level in response to the distance being less than the threshold and in response to the parking assistance system determining that the vehicle is stopped as the travel state (para 30, determination that the vehicle is within a threshold distance of the starting point, para 25, vehicle can provide a starting point indication to assist driver in correctly positioning vehicle);
perform notification to guide a passenger of the vehicle to the parkable area in response to the parking assistance system determining the assistance level to be the first assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 19, FIGS. 1A-1D, vehicle 100 performs the autonomous parking maneuver by moving the vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles can use such information for performing autonomous driving and/or parking operations wherein a driver will repeat an identical or nearly identical parking maneuver [Wang, paragraph 11].
Regarding claim 7, MAEDA fails to discloses the parking assistance system according to claim 6, wherein: the at least one of the circuit and the processor is further configured to cause the parking assistance system to: store therein in advance a parking route to the parkable area; and
perform vehicle speed control and steering control to park the vehicle in the parkable area using the stored parking route in response to the parking assistance system determining the assistance level to be the third assistance level.
In analogous art, Wang discloses the parking assistance system according to claim 6, wherein: the at least one of the circuit and the processor is further configured to cause the parking assistance system to: store therein in advance a parking route to the parkable area (Abstract, The system autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path),
perform vehicle speed control and steering control to park the vehicle in the parkable area using the stored parking route in response to the parking assistance system determining the assistance level to be the third assistance level (para 04, vehicle perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 23, Fig. 2, data structure for storing position information (e.g., waypoints 120 above) for a stored navigation path or trajectory (e.g., autonomous navigation parking path 104) vehicle (e.g., vehicle 100 above) store a first trajectory for parking at a designated parking space, para 27, ndicating a parking maneuver starting point can be overlaid on a map to assist a user in locating the starting point).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles driver which can initiate an autonomous parking maneuver when arriving at a known start location without receiving any indication from the vehicle [Wang, paragraph 13].
Regarding claim 8, MAEDA fails to discloses the parking assistance system according to claim 6, wherein: the at least one of the circuit and the processor is further configured to cause the parking assistance system to: store therein a travel route from entry into a parking site that is an area including the parkable area;
perform steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance system determining the assistance level to be the second assistance level; and
perform vehicle speed control and steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance system determining the assistance level to be the third assistance level.
In analogous art, Wang discloses the parking assistance system according to claim 6, wherein: the at least one of the circuit and the processor is further configured to cause the parking assistance system to: store therein a travel route from entry into a parking site that is an area including the parkable area (Abstract, The system autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path);
perform steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance system determining the assistance level to be the second assistance level (para 04, vehicle perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 23, Fig. 2, data structure for storing position information (e.g., waypoints 120 above) for a stored navigation path or trajectory (e.g., autonomous navigation parking path 104) vehicle (e.g., vehicle 100 above) store a first trajectory for parking at a designated parking space, para 27, ndicating a parking maneuver starting point can be overlaid on a map to assist a user in locating the starting point); and
perform vehicle speed control and steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance system determining the assistance level to be the third assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 11, systems and sensors for estimating the vehicle's position and/or orientation. Autonomous vehicles can use such information for performing autonomous driving and/or parking operations, para 19, vehicle 100 can use the recorded autonomous navigation parking path 104 to performs an autonomous parking maneuver).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to allow a user to more easily initiate an autonomous parking maneuver without requiring overly precise positioning of the vehicle by the driver. [Wang, paragraph 14].
Regarding claim 9, MAEDA discloses a parking method for a vehicle, the parking assistance method (Fig. 5, determine position S11, para 06, parking assistance method capable of recognizing a parking space) comprising:
determining a travel state of the vehicle: recognizing a surrounding environment of the vehicle (Fig. 5, recognize parking space S13, para 29, ecognizing the far side environment of the parking space);
determining an assistance level for parking the vehicle based on the travel state and the environment (para 08, The parking assistance device comprises: a position estimation unit which, in a situation where vehicle is advancing toward parking space).
MAEDA specifically fails to disclose performing parking control based on the determined assistance lev.
In analogous art, Wang discloses performing parking control based on the determined assistance lev (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 19, FIGS. 1A-1D, vehicle 100 performs the autonomous parking maneuver by moving the vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to allow a user to more easily initiate an autonomous parking maneuver without requiring overly precise positioning of the vehicle by the driver. [Wang, paragraph 14].
Regarding claim 10, MAEDA discloses the parking assistance method according to claim 9, wherein: recognizing the surrounding environment of the vehicle comprises identifying a parkable area in which the vehicle is able to park (Abstract, space recognition unit which recognizes the parking space, para 26, vehicle 40 and performs processing for recognizing a parking space existing around the own vehicle 40 based on the received various kinds of information), and
performing either of vehicle speed control and steering control of the vehicle in response to the parking assistance method determining the assistance level to be the second assistance level (para 13, FIG. 3 is a diagram showing a case where forward parking is performed using the second corner position obtained from detected distance, para 06, parking assistance method capable of recognizing a parking space), and
performing vehicle speed control and steering control in response to the parking assistance method determining the assistance level to be the third assistance level (para 26, vehicle 40 and performs processing for recognizing a parking space existing around vehicle 40 based on received various of information, parking assistance device 10 calculates a parking route for automatically parking the own vehicle 40 to the recognized parking space).
MAEDA specifically fails to disclose identifying a distance between the vehicle and the parkable area;
determining the assistance level for parking the vehicle comprises determining the assistance level to be a first assistance level in response to the distance being equal to or greater than a threshold prescribed in advance,
determining the assistance level to be a second assistance level in response to the distance being less than the threshold and in response to the parking assistance method determining that the vehicle is traveling as the travel state, and
determining the assistance level to be a third assistance level in response to the distance being less than the threshold and in response to the parking assistance method determining that the vehicle is stopped as the travel state; and
performing parking control comprises performing notification to guide a passenger of the vehicle to the parkable area in response to the parking assistance method determining the assistance level to be the first assistance level.
In analogous art, Wang discloses identifying a distance between the vehicle and the parkable area; determining the assistance level for parking the vehicle comprises determining the assistance level to be a first assistance level in response to the distance being equal to or greater than a threshold prescribed in advance (para 15, if threshold distance 114 is exceeded, vehicle notify driver that an autonomous parking maneuver from the current position),
determining the assistance level to be a second assistance level in response to the distance being less than the threshold and in response to the parking assistance method determining that the vehicle is traveling as the travel state (para 25, autonomous parking process 400 can determine whether the vehicle (e.g., vehicle 100 above) is located in a start location of the navigation path, or within a threshold distance of the start location, para 14, system assist driver in properly positioning vehicle 100 within range for beginning autonomous parking maneuver), and
determining the assistance level to be a third assistance level in response to the distance being less than the threshold and in response to the parking assistance method determining that the vehicle is stopped as the travel state (para 30, determination vehicle is within a threshold distance of starting point, para 25, vehicle provide a starting point indication to assist driver in correctly positioning vehicle); and
performing parking control comprises performing notification to guide a passenger of the vehicle to the parkable area in response to the parking assistance method determining the assistance level to be the first assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 19, FIGS. 1A-1D, vehicle 100 performs the autonomous parking maneuver by moving the vehicle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles can use such information for performing autonomous driving and/or parking operations wherein a driver will repeat an identical or nearly identical parking maneuver [Wang, paragraph 11].
Regarding claim 11, MAEDA fails to discloses the parking assistance method according to claim 10, further comprising: storing therein in advance a parking route to the parkable area,
wherein performing parking control further comprises performing vehicle speed control and steering control to park the vehicle in the parkable area using the stored parking route in response to the parking assistance method determining the assistance level to be the third assistance level.
In analogous art, Wang discloses the parking assistance method according to claim 10, further comprising: storing therein in advance a parking route to the parkable area (Abstract, The system autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path),
wherein performing parking control further comprises performing vehicle speed control and steering control to park the vehicle in the parkable area using the stored parking route in response to the parking assistance method determining the assistance level to be the third assistance level (para 04, vehicle perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 23, Fig. 2, data structure for storing position information (e.g., waypoints 120 above) for a stored navigation path or trajectory (e.g., autonomous navigation parking path 104) vehicle (e.g., vehicle 100 above) store a first trajectory for parking at a designated parking space, para 27, indicating a parking maneuver starting point can be overlaid on a map to assist a user in locating the starting point).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to use autonomous vehicles driver which can initiate an autonomous parking maneuver when arriving at a known start location without receiving any indication from the vehicle [Wang, paragraph 13].
Regarding claim 12, MAEDA fails to discloses the parking assistance method according to claim 10, further comprising: storing therein a travel route from entry into a parking site that is an area including the parkable area,
wherein performing parking control further comprises performing steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance method determining the assistance level to be the second assistance level, and
performing vehicle speed control and steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance method determining the assistance level to be the third assistance level.
In analogous art, Wang discloses the parking assistance method according to claim 10, further comprising: storing therein a travel route from entry into a parking site that is an area including the parkable area (Abstract, The system autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path),
wherein performing parking control further comprises performing steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance method determining the assistance level to be the second assistance level (para 04, vehicle perform an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 23, Fig. 2, data structure for storing position information (e.g., waypoints 120 above) for a stored navigation path or trajectory (e.g., autonomous navigation parking path 104) vehicle (e.g., vehicle 100 above) store a first trajectory for parking at a designated parking space, para 27, ndicating a parking maneuver starting point can be overlaid on a map to assist a user in locating the starting point), and
performing vehicle speed control and steering control such that the vehicle retreats from the parkable area using the stored travel route in response to the parking assistance method determining the assistance level to be the third assistance level (para 04, performs an autonomous parking maneuver according to the stored navigation path corresponding to the particular location, para 11, systems and sensors for estimating the vehicle's position and/or orientation. Autonomous vehicles can use such information for performing autonomous driving and/or parking operations, para 19, vehicle 100 can use the recorded autonomous navigation parking path 104 to perform an autonomous parking maneuver).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of parking assistance device includes: a position estimation unit which, in a situation where the vehicle is advancing toward the parking space in a lateral passage of the parking space disclosed by MAEDA to use autonomously navigates a vehicle along a stored navigational path based on a comparison between the current vehicle position and one or more of a plurality of waypoints associated with the stored navigational path as taught by Wang to allow a user to more easily initiate an autonomous parking maneuver without requiring overly precise positioning of the vehicle by the driver. [Wang, paragraph 14].
Citation of pertinent Prior Arts
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
i. HARASE (US 20190329760 A1) discloses in A parking assistance device of the present invention includes: a distance sensor for transmitting a detection wave toward a side of a host vehicle while the host vehicle is traveling and receiving a reflected wave of the detection wave; a reflection point calculating unit for calculating a reflection point indicating a position where the detection wave has been reflected; a grouping unit for grouping the reflection points; a reference distance setting unit for setting a reference distance corresponding to a distance between a host vehicle position indicating the position of the traveling host vehicle, and
ii. Suzuki (US 20200361449 A1) discloses in a A parking assistance method of a parking assistance device for generating a peripheral image indicating a periphery of a vehicle as viewed from above to detect an unoccupied parking space, and displaying, on the peripheral image, an assistance image indicating that the detected unoccupied parking space is an available parking space, determines whether the vehicle intrudes on the unoccupied parking space.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for Published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRZA F ALAM/Primary Examiner, Art Unit 2688
