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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/513,124
`
`03/21/2017
`
`NORIYUKI TANI
`
`731156.596USPC
`
`7835
`
`Seed IP Law Group LLP/Panasome
`701 Fifth Avenue, Suite 5400
`Seattle, WASHINGTON 98104
`UNITED STATES OF AMERICA
`
`LANG” MICHAEL DEAN
`
`3668
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/03/2018
`
`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
`
`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .Com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/513,124
`Examiner
`MICHAEL D LANG
`
`Applicant(s)
`TANI, NORIYUKI
`Art Unit
`AIA Status
`3668
`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 E.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`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.
`
`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) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`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
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp 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 3/21/2017 is/are: a). accepted or b)E] 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)D Some”
`
`C)D None of the:
`
`1.[:]
`
`Certified copies of the priority documents have been received.
`
`2.[:]
`
`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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180329
`
`

`

`Application/Control Number: 15/513,124
`Art Unit: 3668
`
`Page 2
`
`DETAILED CORRESPONDENCE
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`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 ofthe statutory basis for the rejection will not be considered a new grou nd of rejection if the
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S. C. 102 that form the basis
`
`for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a )(2) the claimed invention wasdescribed in a patent issued under section 151, or i n a n application
`for pa tent published or deemed published under section 122(b), in which the patent or application, as
`the ca se may be, names another inventor a nd was effectivelyfiled before the effective filingdate of
`the cl aimed invention.
`
`3.
`
`Claims 1-9 are rejected under 35 U.S.C. 102(a)(2) as being (anticipated by Funke et al.
`
`(2015/0291180).
`
`4.
`
`Regarding claim 1: Funke discloses an operation control system comprising:
`
`a.
`
`a remote manipulator including a tra nsmitterthat transmits a signal containing time
`
`information (Paragraph 0021); and
`
`b.
`
`an operation control device that conducts wireless communication with the remote
`
`manipulator to perform vehicle operation control, the operation control device including
`
`(Paragraph 0021):
`
`i.
`
`ii.
`
`a clock (Paragraph 0044);
`
`a receiverthat receives the signal containing the time information from the
`
`remote manipulator (Paragraph 0045);
`
`

`

`Application/Control Number: 15/513,124
`Art Unit: 3668
`
`Page 3
`
`iii.
`
`a calculatorthat calculatesa delay time ofthe wireless communication, based
`
`on the time information and a time indicated by the clock (Paragraph 0045); and
`
`iv.
`
`a controller that, when the delay time is equal to or more than a threshold,
`
`changes the vehicle operation control from a normal control to a safety control
`
`(Paragraph 0048).
`
`5.
`
`Regarding claim 2: Funke discloses wherein the receiver repeatedly receives signals each
`
`containing the time information from the remote manipulator, the calculator calculates the delay time
`
`every time a signal containing the time information is received, and the controller compares the delay
`
`time with the threshold every time the signal containing the time information is received (Paragraph
`
`0046-0048).
`
`6.
`
`Regarding claim 3: Funke discloses wherein when the delay time becomes less than the
`
`threshold afterthe vehicle operation control has been changed to the safety control, the controller
`
`changes the vehicle operation control from the safety control to the normal control (Paragraph 0038,
`
`0052-0053).
`
`7.
`
`Regarding claim 4: Funke discloses wherein the operation control device further includes a
`
`tra nsmitterthat, when the delay time is equal to or more than the threshold, transmits delay
`
`notification information to the remote manipulator, the delay notification information indicating a
`
`communication delay, and the remote manipulator further includes a notification unit that, when the
`
`delay notification information is received, notifies an outside ofthe communication delay (Paragraph
`
`0037)
`
`8.
`
`Regarding claim 5: Funke discloses wherein the vehicle operation control in which a speed of a
`
`vehicle under an operation control in the safety control is set to be lower than the speed of the vehicle
`
`in the normal state is performed, or the vehicle operation control in which the vehicle is stopped is
`
`performed in the operation control in the safety control (Paragraph 0037).
`
`

`

`Application/Control Number: 15/513,124
`Art Unit: 3668
`
`Page4
`
`9.
`
`Regarding claim 6: Funke discloses wherein the operation control device further includes an
`
`obstacle sensor that senses an obstacle in a surrounding area of a vehicle targeted forthe vehicle
`
`operation control, and the operation control device performs the vehicle operation control in such a
`
`way that a sensing accuracy of the obstacle sensor under an operation control in the safety control is set
`
`to be higher than the sensing accuracyof the obstacle sensor in the normal state (Paragraph 0054).
`
`10.
`
`Regarding claim 7: Funke discloses wherein the operation control device further includes an
`
`obstacle sensor that senses an obstacle in a surrounding area of a vehicle targeted forthe vehicle
`
`operation control, and the operation control device performs the vehicle operation control in such a
`
`way that a determination threshold used to sense the obstacle with the obstacle sensor under an
`
`operation control in the safety control is set to be lower than the determination threshold in the normal
`
`state or in such a way that a sensing cycle ofthe obstacle sensor under the operation control in the
`
`safety control is set to be lower than the sensing cycle in the normal state (Paragraph 0054).
`
`11.
`
`Regarding claim 8: Funke discloses wherein the operation control device further includes a
`
`tra nsmitterthat, when the delay time is equal to or more than the threshold, transmits delay
`
`notification information to the remote manipulator, the delay notification information indicating a
`
`communication delay, and the remote manipulator further includes a notification unit that, when the
`
`delay notification information is received, notifies an outside ofthe communication delay (Paragraph
`
`0037)
`
`12.
`
`Regarding claim 9: claim 9 contains the same featuresand limitations as claim 1 and is therefore
`
`rejected under the same basis and rationale.
`
`Conclusion
`
`13.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MICHAEL DEAN LANG whose telephone number is (571)270-3213. The examiner
`
`can normally be reached on Monday-Friday 8am-5pm.
`
`

`

`Application/Control Number: 15/513,124
`Art Unit: 3668
`
`Page 5
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`Ifattemptsto reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`FadeyJabr can be reached on 571-272-1516. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information rega rdingthe 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). Ifyou 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.
`
`/M|CHAELD LANG/
`
`Primary Examiner, Art Unit 3668
`
`

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