UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/597,745
`
`05/17/2017
`
`YOSHINAO KAWAI
`
`731156.609
`
`2422
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`NGUYEN' NGA X
`
`PAPER NUMBER
`
`ART UNIT
`
`3662
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`02/25/2020
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/597,745
`Examiner
`NGA x NGUYEN
`
`Applicant(s)
`KAWAI et al.
`Art Unit
`3662
`
`AIA (FITF) Status
`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
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`1). Responsive to communication(s) filed on 12/18/2019.
`CI 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) D 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl 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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`[:1 Claim(s) _ is/are allowed.
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`Claim(s) 1—5,8—9 and 12—13 is/are rejected.
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`Claim(s) 5—7 and 10—11 is/are objected to.
`
`) ) ) )
`
`)
`are subject to restriction and/or election requirement
`C] Claim(s
`* 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.jjgptgng/patents/init_event§/pph/index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 5/17/2017 is/are: a). accepted or b)D 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)D 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)I:i All
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`b)C] Some**
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`c)[j None of the:
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`1C] Certified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
`
`3C] 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)
`
`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/OBa and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 20200207
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
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`Page 2
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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,
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`is being examined
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`under the first inventor to file provisions of the AIA.
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`This Office Action is in response to the remarks filed 12/18/2019 in which claims
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`1-13 are pending for examination
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`Response to Arguments
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`2.
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`Applicant's arguments filed 12/18/2019 have been fully considered and are moot
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`in view new grounds of rejection. Applicant's arguments with respect to the claims have
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`been considered but are moot because the arguments do not apply to any of the
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`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
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`obviousness rejections set forth in this Office action:
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`A patent for a claimed invention maynotbe obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 102, if the differences between the
`claimed invention and the priorartare such that the claimed invention as awhole would have
`been obvious before the effective filing date of the claimed i nvention to a person having
`ordinaryskill in the art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in which the invention was made.
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`4.
`
`Claims 1-4, 8-9 & 12-13 is/are rejected under 35 U.S.C. 103 as being
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`unpatentable over Byun (20160232788) in view of Kentley-Klay (20180134207).
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`With regard to claims 1 & 12, Byun discloses an object detection apparatus comprising:
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`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 3
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`an input port, which, in operation, receives information on a plurality of objects in
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`surroundings of avehicle and information on a traffic environment of the vehicle (a
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`vehicle has sensors detecting objects and traffic environment around the vehicle, see at
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`least [0055]+),
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`the information on the plurality of objects including at least one of direction
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`information, distance information, or relative speed information of the plurality of objects
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`with reference to the vehicle (see at least [0075]-[0077]),
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`the plurality of objects being detected by a sensor installed on the vehicle (see at
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`least [0055]-[0056]+);
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`a controller (ECU, see at ieast Figfi), which, in operation,
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`determines whether or not a total size of the information on the plurality of
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`objects is greater than a predetermined value,
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`in order to determine whether the
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`information on the plurality of objects is able to be transmitted to an in-vehicle apparatus
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`that controls the vehicle (vehicle detects an event based on sensing data, wherein the
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`sensing data’s amount is greater than the predetermined threshold amount, see at least
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`[0056]+), and
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`in response to the total size of the information on the plurality of objects being
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`greater than the predetermined value, assigns, based on the information on the plurality
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`of objects and the information on the traffic environment, the vehicle to override the
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`autonomous driving (see at least [0057]+);
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`an output port, which, in operatioh, outputs the seieoted pieces of information to
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`the in—vehicie apparatus {vehicie outputs corttroiiing operations such as speed corttroi,
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`steering wheei ahgie controi, etc, see at iaast [[(ZGEEjWOSSjH.
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`

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`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 4
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`Byuri taiis te teaches assighirig, eased Oh the ihtermatieh en the piuraiity et ehieets arid
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`the intermatich eh the trattic environment, a erierity te eaeh at the eiuraiity et ehjeets,
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`ahd seiects pieces at ihtcrmatieh from the intermatieh en the piuraiity of objects based
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`en the erierity ter each at the eiuraiity at ehieets.
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`Kentley-Klay discloses an autonomous vehieie tar rnenitcring surrounding vehieie {see
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`at ieast abstract} The vehieie iheiudes a eianher system which detects arid ereeesses
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`abject date to obtain a threshetd ieeatieh. Figifi shews the vehiete detects abject data
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`with a size targer than a threeheid ieeatieh such as 801, 663 & £365. The system
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`assigns a pedestriah ehjeet 585d as in art extrerheiy urgent, see at ieast i0110t—[Gitt]+
`.....
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`With regard tc ciairh 2, Byun teaches that the intermatieh en the traffic ehvirehr‘rieht is
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`received trerh at ieast ene et a rtavigatien apparatus used in the vehicie, a trah‘ie
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`ehvirenrheht reeeghitien apparatus ihstaiied er: a read eh which the vehicie ruhs, er the
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`sehser {see at teast [Gt 133+),
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`With regard te ciairh it, Byun teaches that the in~vehicie apparatus is at ieast ene ct a
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`device that eehtreis ruhhihg at the vehicie er a device that centreis one er mere
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`centertts diseiayed en a disptay apparatus used in the vehiete {see at ieast [Gt 133+}-
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`With regard to eiairh 4, Kentley-Klay teaches that the output pert euteuts the seiected
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`Qieees 0i iriierrhatiort
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`te the iri-vehieie apparatus sequentia‘iiy in order et priority tram
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`high te iew (see at ieast [(3123]'[Qi24}+).
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`

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`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 5
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`With regard ta eiairh ES, Kentley-Klay teaches that:
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`the ihpnt oott reeeivee the informatioh hit the eitii‘aiity of objects time"
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`eeeaentiaity (eee at teaet EGGSSM,
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`wherein the eontroiier,
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`in oeeratien, attempte to repeatediy perform atatget
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`tracking preeeee hit the eitiraiity of objects baeeci en the ihtenhatien oh the pinraiity et
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`ehieete {see at ieaet i0960]—i-},, and
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`wherein the eentreiier,
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`in oeetatien, ee'tertnihee the ptierity tor eaeh et the
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`gimatitg of ehtecta based eh the interinatieh en the eiuraiity at objects, the information
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`an the ttattie environment, and a resuit of the target tracking preeeee {See at ieast
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`[tn tie-[merge
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`With regard to eiairn 9, Kentley-Klay teaches ecmerieing a n‘rerneryw wherein the
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`centreiter,
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`in operation,
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`i'epeatettiy detects eeeehct ihterrnatieh on a first abject eeteetet‘i
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`by the target tracking process on the eiuraiity et ebjeete, and reeeatediy etoree the
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`eeeehd ihtorn‘iatieh in the n‘aerneryn the eeeehd information iheiodihg a piuraiity ot
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`secehd items associated with the tiret chjeet (see at ieast [GGEQE—EOiGOM,
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`With regard to eiaim ‘33, 83am teaches that the intermatieh en the trettie etwirehntent
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`inciutiee at ieaet one at intormation indicating a type ct a react en which the vehioie is
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`traveiting,
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`intermation indicating a hnitoihg adjacent to the road on which the vehioie is
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`tre‘vetting; er interniatien indicating aenrreht weather eenciitien {see at ieaet Rifle}
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`[Gt27]).
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`

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`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 6
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`Allowable Subject Matter
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`5.
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`Claims 5-7 & 10-11 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`Conclusion
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`6.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to NGA X NGUYEN whose telephone number is (571)272-
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`5217. The examiner can normally be reached on M-F 5:30AM - 2:30PM.
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`

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`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 7
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, JELANI SMITH can be reached on 571-270-3969. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. 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
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`to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-
`
`272-1000.
`
`/NGA X NGUYEN/
`
`Primary Examiner, Art Unit 3662
`
`