UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/513,124
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`03/21/2017
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`NORIYUKI TANI
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`731156.596USPC
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`7835
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`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`LANG” MICHAEL DEAN
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`ART UNIT
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`3668
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/09/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
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`Application No.
`15/513,124
`Examiner
`Michael D Lang
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`Applicant(s)
`TANI, NORIYUKI
`Art Unit
`AIA Status
`3668
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 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).
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`Status
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`1). Responsive to communication(s) filed on 7/31/2018.
`[: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.
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`Disposition of Claims*
`5)
`Claim(s)
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`9—17 is/are pending in the application.
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`5a) Of the above claim(s)
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`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) 9i is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 3/21/2017 is/are: a). accepted or b)E] objected to by the Examiner.
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`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).
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`Priority under 35 U.S.C. § 119
`12). 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). All
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`b)D Some**
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`c)D None of the:
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`1.[:]
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`Certified copies of the priority documents have been received.
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`2.[:]
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`Certified copies of the priority documents have been received in Application No.
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`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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181002
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`

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`Application/Control Number: 15/513,124
`Art Unit: 3668
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`Page 2
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`DETAILED CORRESPONDENCE
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`Notice of Pre-AIA or AIA Status
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`1.
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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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`In the event the determination of the status of the application as
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`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
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`correction ofthe statutory basis for the rejection will not be considered a new grou nd of rejection if the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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`Response to Arguments
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`2.
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`Applicant’s arguments with respect to claim 9 have been considered but are moot because the
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`arguments do not apply toany ofthe references being used in the current rejection.
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`Claim Rejections - 35 USC § 103
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`3.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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, ifthe differences between the claimed inve ntion
`a nd the prior a rt are such that the claimed invention as a whole would have been obvious before the
`effective filingdate ofthe claimed invention to a person having ordinarys kill i n the art to which the
`claimed invention pertains. Pa tentabilityshall not be negated bythe manner in which the invention
`was made.
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`4.
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`Claims 9-17 are rejected under 35 U.S.C.103 as being unpatentable over Funke et al.
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`(2015/0291180) in view of Egnoret al. (9,195,232).
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`5.
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`Regarding claim 9: Funke discloses anoperation control device, comprising: a clock (Paragraph
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`0044); a receiver, which, in operation, receives a signal containing time information (Paragraph 0045); a
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`calculator, which, in operation, calculates a delay time, based on the time information and a time
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`indicated by the clock (Paragraph 0045); and a controller, which, in operation, in response to the delay
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`time being equal to or greaterthan a threshold, changes vehicle operation control of a vehicle from a
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`normal control to a safety control (Paragraph 0048). Funke does not explicitly disclose wherein, in the
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`

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`Application/Control Number: 15/513,124
`Art Unit: 3668
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`Page 3
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`safety control, the vehicle is set to travel at a speed that is lower than a speed of the vehicle in the
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`normal control. However, Egnor discloses a similar vehicle operation control device and further
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`discloses wherein, in the safety control, the vehicle is set to travel at a speed that is lower than a speed
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`of the vehicle in the normal control (Column 16, lines 26-37). Therefore, it would have been obvious to
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`one of ordinary skill
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`in the art at the time of filing ofthe invention to modify Funke in view of Egnor in
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`order to allow the vehicle to continue travelling in a safe and controlled manner.
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`6.
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`Regarding claim 10: Funke discloses wherein the receiver repeatedly receives signals containing
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`time information, the calculator, in operation, calculatesthe delay time every time a signal containing
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`the time information is received, and the controller, in operation, compares the delay time with the
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`threshold every time the signal containing the time information is received (Paragraph 0046-0048).
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`7.
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`Regarding claim 11: Funke discloses wherein in response to the delay time becoming less than
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`the threshold afterthe vehicle operation control has been changed to the safety control, the controller
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`changes the vehicle operation control from the safety control to the normal control (Paragraph 0037).
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`8.
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`Regarding claim 12: Funke discloses a transmitter, which, in operation, in response to the delay
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`time being equal to or more than the threshold, transmits delay notification information, the delay
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`notification information indicating a communication delay (Paragraph 0037).
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`9.
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`Regarding claim 13: Funke discloses an obstacle sensor, which, in operation, senses an obstacle
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`in a surrounding area of the vehicle, the operation control device performs the vehicle operation control
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`in such a way that a sensing accuracy of the obstacle sensor under an operation control in the safety
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`control is set to be higher than a sensing accuracy ofthe obstacle sensor in the normal control
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`(Paragraph 0054).
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`10.
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`Regarding claim 14: Funke discloses an obstacle sensor, which, in operation, senses an obstacle
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`in a surrounding area of the vehicle, the operation control device performs the vehicle operation control
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`in such a way that a determination threshold used to sense the obstacle with the obstacle sensor under
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`Application/Control Number: 15/513,124
`Art Unit: 3668
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`Page4
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`an operation control in the safety control is set to be lower than a determination threshold in the
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`normal control, or in such a way that a sensing cycle of the obstacle sensor under the operation control
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`in the safety control is set to be lower than a sensing cycle in the normal control (Paragraph 0054).
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`11.
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`Regarding claim 15: Funke discloses a transmitter, which, in operation, in response to the delay
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`time being equal to or more than the threshold, transmits delay notification information, the delay
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`notification information indicating a communication delay (Paragraph 0037).
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`12.
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`Regarding claims 16 and 17: claims 16 and 17 contain the same featuresand limitations as claim
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`1 and is therefore rejected under the same basis and rationale.
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`Conclusion
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`13.
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`Applica nt's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension oftime policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHSfrom
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHSof the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire laterthan
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`SIX MONTHSfrom the date ofthis final action.
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`14.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Michael D Lang whose telephone number is (571)270-3213. The examiner can
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`normally be reached on Monday-Friday 8am-5pm.
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`

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`Application/Control Number: 15/513,124
`Art Unit: 3668
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`Page 5
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`Fadey S Jabr can be reached on 571-272-1516. The fax phone number for the organization where this
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`Information rega rdingthe status of an application may be obtained from the Patent Application
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`CANADA) or 571-272-1000.
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`/M|CHAELD LANG/
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`Primary Examiner, Art Unit 3668
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`