www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/124,693
`
`09/09/2016
`
`SATOSHI NAKAYA
`
`PIPMB-56897
`
`2204
`
`759°
`52°“
`PEARNE & GORDON LLP
`
`03’1””
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
`
`H0DGES~ SUSAN E
`
`2489
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/13/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patdoeket@pearne.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/124,693
`Examiner
`SUSAN E HODGES
`
`Applicant(s)
`NAKAYA, SATOSHI
`Art Unit
`AIA (FITF) Status
`2489
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 21 December 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
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`1—16 is/are pending in the application.
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`5a) Of the above claim(s) w is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`E] Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11):] The drawing(s) filed on
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`is/are: a)C] accepted or b)Ej objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)C] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)C] All
`
`b)C] Some**
`
`c)C] None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190304
`
`

`

`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA 0r AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Applicant(s) Response to Official Action
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`The response filed on December 21, 2018 has been entered and made of record. Claims 1
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`— 16 have been amended, Claims 8 — 14 were previously withdrawn. Claims 1 — 16 are pending in
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`the application.
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`Election/Restrictions
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`Amended claim 15 is directed to an invention that is independent or distinct from the
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`invention originally claimed for the following reasons:
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`Applicant elected Species I without traverse in response filed on August 23, 2018. Species
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`I is directed to camera distance measurements. However, Claims 8 — 14 were withdrawn as they
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`are directed to Species 11. Similar limitations regarding controlling the position of the target in the
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`vertical direction are now recited in Claim 15.
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`Since applicant has received an action on the merits for the originally presented invention,
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`this invention has been constructively elected by original presentation for prosecution on the
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`merits. Accordingly, claim 15 is withdrawn from consideration as being directed to a non—elected
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`invention. Similarly, claim 16 is withdrawn from consideration by virtue of its respective
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`dependency. See 37 CFR 1.142(b) and MPEP § 821.03.
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 3
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`Response to Arguments
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`Applicant’s amendments have overcome the 35 U.S.C. § 112(f) claim interpretation with
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`regards to “first projection target” and “vehicle evaluation device” previously set forth in the Non—
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`Final Office Action mailed October 17, 2018. Applicant’s amendments have overcome the 35
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`U.S.C. ll2(a) rejection and the remaining 35 U.S.C. 112(b) rejections. Accordingly, the rejections
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`are withdrawn.
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`Applicant’s arguments see pages 9 and 10 with respect to the rejection of the claims have
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`been fully considered and are not persuasive. Examiner’s response to the presented arguments
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`follows below:
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`Applicant argues on page 9 that “The additionally cited references fail to address this
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`deficiency” with regards to amended Claim 1. Examiner respectfully disagrees. While Bond
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`teaches the screen (i.e. target) is configured only to move at the end of the evaluation, (Par. [0024],
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`projecting virtual scenic imagery onto a respective screen portion), Bond does not specifically
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`moving the screen during evaluation of vehicle. However, Mazur teaches in Fig. l and Fig. 2, Col.
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`3:47—5 l, the springs 90a and /or 90b or other accelerating force producing mechanism will cause
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`the sled 50 (i.e. target) to move forward at a determinable preferably generally constant velocity.
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`It would be obvious to one of ordinary skill in the art to recognize the advantage of specifying a
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`movable screen (i.e. target) as suggested by Mazur in order that a simulated object is stationary or
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`slowly moved into the range (See Mazur, Col. 1:24—26). Accordingly, Bond in view of Mazur
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`teaches the amended limitation, as claimed.
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`Claim Rejections - 35 US C § 1 12(1))
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`The following is a quotation of 35 U.S.C. 112(b):
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
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`Page 4
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`(b) CONCLUSION—The specification shall conclude with one or more claims
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`particularly pointing out and distinctly claiming the subject matter which the
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`inventor or a joint inventor regards as the invention.
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`The following is a quotation of 35 U.S.C. 112 (pre—AIA), second paragraph:
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`The specification shall conclude with one or more claims particularly pointing out
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`and distinctly claiming the subject matter which the applicant regards as his
`invention.
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`Claims 2 — 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the invention.
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`Regarding Claim 2, it recites the limitation “wherein the camera is mounted to the vehicle
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`and the images captured by the camera are images around the vehicle”. There is insufficient
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`antecedent basis for this limitation in the claim. It is unclear if the recitation of “images around the
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`vehicle” refers to those originally recited image in independent claim 1 or if the images around the
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`vehicle is a unique or second set of images independent from the image projected by the projector.
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`For examining purposes, the examiner has broadly interpreted the limitation.
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`Regarding Claim 2, it recites the limitation “wherein the distances measured by the
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`distance measurement sensor are distances from the vehicle to objects around the vehicle”. There
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`is insufficient antecedent basis for this limitation in the claim. It is unclear if the recitation of
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`“objects around the vehicle” refers to the previously recited images around the vehicle or the
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`projected image in independent claim 1 or even if the objects around the vehicle is a unique object
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`and different object seen in a separate location from the images around the vehicle. For examining
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`purposes, the examiner has broadly interpreted the limitation.
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 5
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`Claim Rejections - 35 US C § 103
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`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`Claim 1 is rejected under 35 USC. 103 as being unpatentable over Bond (US
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`2006/0042365 A1) referred to as Bond hereinafter, in view of Mazur et al. (US 6,023,984 A)
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`referred to as Mazur hereinafter.
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`Regarding Claim 1, Bond teaches a vehicle evaluation device (Fig. 1, Par. [0024],
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`apparatus 10 for testing or simulating driving of a motor car 12 whilst the car 12 remains
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`stationary) comprising:
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`a first projection target (Par. [0024], a viewing screen arrangement 20) wherein the first
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`projection target (Par. [0024], scenic imagery onto a respective screen portion) is configured to
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`move (Par. [0032], the computer 66 also controls operation of the actuators 36 for raising the front
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`screen portion 28);
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`a first projector (Par. [0024], projectors 22, 24, 26 of a visual display system) configured
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`to project an image on the first projection target (Par. [0024], projector 22 projects images onto
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`opposite front screen portion 28, projector 24 projects onto opposite side screen portion 32 and
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`projector 26 projects onto opposite side screen portion 30); and
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
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`Page 6
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`a controller configured to control a position of the first projection target (Par. [0032],
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`the computer 66 also controls operation of the actuators 36 for raising the front screen portion 28)
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`and control the first projector to change the image projected (Par. [0035], the simulation
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`software to deflect the virtual scenic imagery on viewing screen arrangement 20 (that is, the
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`imagery on all of screen portions 28, 30 and 32) in synchronism with the steering movements of
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`the driver thereby increasing the realism of the "surrounding" virtual reality environment) on the
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`first projection target based on the position of the first projection target (Par. [0046], the
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`simulation software is such as to drive the computer's image generator and thus the projectors 22,
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`24, 26 to display on the viewing screen arrangement 20 realistic three—dimensional virtual front
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`(on front screen portion 28) and side (on side screen portions 30 and 32) scenic imagery of front—
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`on and passing scenery (i.e. changes the image) as though the driver was racing the car 12 (i.e.
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`according to the position of the screens)).
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`While Bond teaches projecting scenic imagery onto a respective screen portion, Bond does
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`not specifically teach a moving screen (i.e. target) during evaluation of vehicle. Therefore, Bond
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`fails to explicitly teach the target is configured to move during an evaluation of a vehicle.
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`However, Mazur teaches the target is configured to move during an evaluation of a
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`vehicle (Fig. 1 and Fig. 2, Col. 3:47—51, the springs 90a and /or 90b or other accelerating force
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`producing mechanism will cause the sled 50 (i.e. target) to move forward at a determinable
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`preferably generally constant velocity).
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`References Bond and Mazur are considered to be analogous art because they relate to
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`vehicle evaluation. It would have been obvious that one of ordinary skill in the art at the time of
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`the invention would recognize the advantage of further specifying a movable target as suggested
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
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`Page 7
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`by Mazur in the invention of Bond which would provide a simulated object that is stationary or
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`slowly moved into the range of the sensor (See Mazur, Col. 1:24—26).
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`Claims 2 — 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bond (US
`
`2006/0042365 A1), in view of Mazur (US 6,023,984 A), and in further view of Freiburger (US
`
`2014/0092249 A1) referred to as Freiburger hereinafter
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`Regarding Claim 2, Bond in view of Mazur teaches Claim 1. Bond further teaches the
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`controller is configured to control the position of the first projection target (Par. [0046], the
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`simulation software is such as to drive the computer's image generator and thus the projectors 22,
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`24, 26 to display on the viewing screen arrangement 20 realistic three—dimensional virtual front
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`(on front screen portion 28) and side (on side screen portions 30 and 32) scenic imagery of front—
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`on and passing scenery (i.e. changes the image) as though the driver was racing the car 12 (i.e.
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`according to the position of the screens)) and to control the first projector based images
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`captured by a camera (Par. [0040], the dynamometer 14 also includes a video monitoring system
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`comprising video cameras 128); wherein the images captured by the camera are images
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`around the vehicle (Par. [0040], video cameras 128 located to view the operation of the vehicle
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`securing mechanism 48 and display the movement)
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`While Bond teaches a camera (Par. [0040]), Bond does not specifically teach a camera
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`mounted to the vehicle and a distance measurement sensor. Therefore, Bond in view of Mazur fails
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`to explicitly teach a camera mounted to the vehicle and the images captured by the camera are
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`images around the vehicle and a distance measurement sensor, wherein the distances measured by
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`the distance measurement sensor are distances from the vehicle to objects around the vehicle.
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 8
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`However, Freiburger teaches a camera mounted to the vehicle (Fig. 5, Par.
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`[0035]—
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`[003 6], Step 86 determine whether an object is in the peripheral field of view upon receiving (Step
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`80) and processing the data and signals from the plurality of sensors (step 82) includes a rear sensor
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`that has a back—up camera, a front sensor that has a front bumper radar sensor, and a side sensor
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`that has a blind spot sensor) and the images captured by the camera are images around the
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`vehicle (Fig. 4, Par. [0028], a perimeter detection module 54) and a distance measurement
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`sensor (Par. [0023] the rear sensor 18 of the plurality of sensors, as shown in FIG. 1, includes a
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`rear camera 34 and a rear set of radar sensors 36 that are configured to monitor a rear field of view
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`38 substantially rearward the vehicle 12 for objects), wherein the distances measured by the
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`distance measurement sensor are distances from the vehicle to objects around the vehicle
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`(Par. [0036], the perimeter detection routine then proceeds to step 86 to determine whether an
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`object is in the peripheral field of view using the sensors to monitor the peripheral field of view so
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`that an object will be detected simply when generally any detectable object enters the peripheral
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`field of view of the sensors or determine that an object is in the field of view when the object is
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`within a set distance from the exterior 14 of the vehicle 12).
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`References Bond, Mazur and Freiburger are considered to be analogous art because they
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`relate to vehicle evaluation. Therefore, it would have been obvious that one of ordinary skill in the
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`art at the time of the invention would recognize the advantage of further specify a camera mounted
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`to the vehicle and distance measurement sensor as suggested by Freiburger in the inventions of
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`Bond and Mazur for evaluating safety measures (See Freiburger, Par. [0038]).
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`Regarding Claim 3, Bond in combination with Mazur and Freiburger teaches Claim 2.
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`Bond further teaches the controller is further configured to transmit an evaluation start signal
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 9
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`that notifies a start of evaluation to the vehicle (Par. [0046], a 1/4 mile drag race, which is
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`automatically initiated as soon as the racing simulator 10 is set up for the drag race to begin) and
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`then controls the first projector to begin the projection the image on the first projection
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`target (Par. [0046], the simulation software is such as to drive the computer's image generator and
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`thus the projectors 22, 24, 26 to display on the viewing screen arrangement 20 realistic three—
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`dimensional virtual front (on front screen portion 28) and side (on side screen portions 30 and 32)
`
`scenic imagery of front—on and passing scenery (i.e. changes the image) as though the driver was
`
`racing the car 12 (i.e. according to the position of the screens)).
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`Regarding Claim 4, Bond in combination with Mazur and Freiburger teaches Claim 2.
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`Bond teaches the first projection target is configured to a direction in Which the vehicle
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`installed at a predefined position (Fig. 1, Par.
`
`[0024], a viewing screen arrangement 20
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`projecting virtual scenic imagery onto a respective screen portion), Bond does not specifically
`
`teach a moving screen (i.e. target) during evaluation of vehicle. Mazur further teaches the target
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`is configured to move in parallel to a direction at a predetermined position would move (Fig.
`
`1 and Fig. 2, Col. 3:47—51, The springs 90a and /or 90b or other accelerating force producing
`
`mechanism will cause the sled 50 to move forward at a determinable preferably generally constant
`
`velocity). It would have been obvious that one of ordinary skill in the art at the time of the invention
`
`would recognize the advantage of further specifying a movable target as suggested by Mazur in
`
`the invention of Bond which would provide a simulated object that is stationary or slowly moved
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`into the range of the sensor (See Mazur, Col. 1:24—26).
`
`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 10
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`Regarding Claim 5, Bond in combination with Mazur and Freiburger teaches Claim 2.
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`Bond teaches the first projection target is configured to a direction in Which the vehicle
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`installed (Fig. 1, Par. [0024], a viewing screen arrangement 20 projecting virtual scenic imagery
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`onto a respective screen portion), Bond does not specifically teach a moving screen (i.e. target)
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`during evaluation of vehicle. Mazur further teaches the target
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`is configured to move
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`perpendicular to a direction at the predetermined position (Fig. 1 and Fig. 2, Col. 3:47—51,
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`The springs 90a and /or 90b or other accelerating force producing mechanism will cause the sled
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`50 to move forward at a determinable preferably generally constant velocity). It would have been
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`obvious that one of ordinary skill in the art at the time of the invention to vary the target in a
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`perpendicular direction, since it has been held that rearranging parts of an invention involves only
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`routine skill in the art. In re Japikse, 86 USPQ 70. This modification would provide a simulated
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`object that is stationary or slowly moved into the range of the sensor (See Mazur, Col. 1:24—26).
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`Regarding Claim 6, Bond in combination with Mazur and Freiburger teaches Claim 5.
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`Bond further teaches the image of a guard rail (Par. [0046], the simulation software is such as to
`
`drive the computer's image generator and thus the projectors 22, 24, 26 to display on the viewing
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`screen arrangement 20 realistic three—dimensional virtual front (on front screen portion 28) and
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`side (on side screen portions 30 and 32) scenic imagery of front—on and passing scenery (i.e. would
`
`include a guard rail) as though the driver was racing the car 12) adjacent to a side face of the
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`vehicle (Par. [0024], side screen portions 30, 32 that extend, respectively, a distance along each
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`side of the motor car 12). Bond teaches the claimed limitation except does not explicitly recite the
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`image includes a guard rail. It would have been obvious to one of ordinary skill in the art at the
`
`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 11
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`time of the invention to substitute one image for the other to achieve the predictable result of
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`projecting a realistic image of objects around a vehicle (See Bond, Par. [0046]).
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`Regarding Claim 7, Bond in combination with Mazur and Freiburger teaches Claim 2.
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`Bond further teaches further comprising a Wheel receiving base on which a Wheel of the vehicle
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`installed is placed and Which is rotatable according to a rotation of the Wheel (Fig. l and 2,
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`Par. [0027], a platform 42 and includes supports in the form of pairs of rollers 44 for supporting
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`and rotatably engaging the rear Wheels 46 and front Wheels 47 of the car 12).
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`Conclusion
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`THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of
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`the extension of time policy as set forth in 37 CFR l.l36(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS
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`from the mailing date of this action.
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`In the event a first reply is filed Within TWO MONTHS of
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`the mailing date of this final action and the advisory action is not mailed until after the end of the
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`THREE—MONTH shortened statutory period, then the shortened statutory period will expire on
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`the date the advisory action is mailed, and any extension fee pursuant to 37 CFR l.l36(a) will be
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`calculated from the mailing date of the advisory action.
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`In no event, however, will the statutory
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`period for reply expire later than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to SUSAN E HODGES Whose telephone number is (571)270—0498. The
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`examiner can normally be reached on M—F 7:00 am — 4:00 pm.
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`

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`Application/Control Number: 15/124,693
`Art Unit: 2489
`
`Page 12
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Jorge L Ortiz—Criado can be reached on (571) 272—7624. The fax phone number for the
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`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 \
`
`“x 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 the automated information
`
`system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/Susan E. Hodges/
`Examiner, Art Unit 2489
`
`