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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
`
`DELIVERY MODE
`
`11/02/2018
`
`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 .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/597,745
`Examiner
`NGA X NGUYEN
`
`Applicant(s)
`KAWAI et al.
`Art Unit
`3662
`
`AIA 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
`
`1)[:] Responsive to communication(s) filed on
`[: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)C] 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)
`
`1—12 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`[:1 Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[j Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`C] 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
`
`httpfiwww.usptogovlpatentslinit_events[pph[index.'§p or send an inquiry to PPeredhagk@usptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on See Continuation Sheet 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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some”
`
`c)C] 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 20181029
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 15/597,745
`
`Continuation of Application Papers 11): 05/17/2017
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 2
`
`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.
`
`Detailed Action
`
`2.
`
`This Office Action is for claimed invention filed 05/17/2017 in which claims 1-12
`
`are pending for examination.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall concludewith one or more claims particularly
`pointing out and distinctlyclaiming the subject matterwhich the inventoror a joint inventor
`regards as the invention.
`
`The following is aquotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specifications hall conclude with one or more claims particularlypointing outand distinctly
`claiming the subject matterwhich the applicant regards as his invention.
`
`4.
`
`Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`
`subject matter which the inventor or ajoint inventor, or for pre-AIA the applicant regards
`
`as the invention.
`
`Claim 2, cites “wherein the information on the traffic environment
`
`...atraffic environment
`
`recognition apparatus installed on a road on which the vehicle runs, and the sensor.” is
`
`unclear. The claim fails to define what the sensor’s duty on this claim.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 3
`
`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.
`
`6.
`
`Claims 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Juka (JP2007-232412) in view of Seder (20120093357).
`
`With regard to claims 1 & 12, Juka discloses an obieot detention apparatus comprising:
`
`an input port that receives information on a plurality of ohjeots in surroundings of
`
`a vehiele and information on a traffic environment of the vehicle, the plurality of objects
`
`being detected by a sensor instalied on the vehicle ta radar detector 2, see at least
`
`[05312]);
`
`a eontrotler that determines, based on the information on the plurality oi obit-sets
`
`and the information on the trattio environment, priority for eaoh of the piuraiity of objects
`
`and determines iirst information based on the priority in at ease where the totai amount
`
`of information on the plurality oi“ ohjeots is greater than a determined vaiue, the first
`
`information being information on part of the pturatity of ohjéeets (eleetronie control unit 4,
`
`see at teast [0012l—{00i4]i; and
`
`duke taits to teaches that an output port that outputs the first information to an in~vehioie
`
`apparatus that eontrots the vehieie.
`
`Seder discloses vehicle for identitying a potential threatening (see the ahstraotit The
`
`vehicle includes a oontroi system 400 which outputs the information to Hhtl lot for
`
`oontrolting the vehicle (see at least [0015] Sr {0038H0040h}.
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 4
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filling date of the claimed invention to modify te thetheihg euteuttihg the
`
`ihtermetteh te ith‘ii 151 fer eehtreiiihg the vehieie as taught by Setter fer
`
`ieiehtityihg the hetehtietiy threetertieg vehieie {see the etihihiary ter ehheertihg
`
`statement}.
`
`With regard to ciaim 2, Seder teaches that the ihiermatieh or: the traffic environment is
`
`at ieast are of a navigation apparatus ueeri tr: the vehicie, a traffic: envirehmeht
`
`receghitieh apparatue thetaited era a road cm which the vehieie runs, arid the eerieer (see
`
`Fig.1).
`
`With regard te eiaim 3, Seder teaches that the ih— vehicie apearatus is at teast me at a
`
`device that centreis running 0? the vehieie and a device that centreie ehe er mere
`
`contents dispiayed en a diepiay apparatue used in the vehieie {see at ieast [0015}4).
`
`With regard to claim 4, Juka teaches that the output port outputs the first information to
`
`the in-vehicle apparatus sequentially in order of priority from high to low (see at least
`
`[0020]—[0021]).
`
`With regard to claim 5, Juka teaches that:
`
`Wherein, information on each object detected by the sensor includes a plurality
`
`of items associated with the object (see at least [0013]),
`
`wherein the output port outputs, to the in-vehicle apparatus, information on the
`
`plurality of objects belonging to a first information group and information on the plurality
`
`of objects belonging to a second information group being lower in priority than the first
`
`information group, the first information group and the second information group being
`
`included in the first information (see at least [0013]—[0016]+), and
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 5
`
`wherein the number of items included in the first information group is larger than
`
`the number of items included in the second information group (see at least [0016]-
`
`[0018D.
`
`With regard to claim 6, Seder teaches that the controller removes one or more items
`
`from the second information group based on the information on the traffic environment
`
`(see at least [0025]).
`
`With regard to claim 7, Juka teaches that:
`
`wherein the output port outputs to the in-vehicle apparatus, information on the
`
`plurality of objects belonging to a first information group and information on the plurality
`
`of objects belonging to a second information group being lower in priority than the first
`
`information group, the first information group and the second information group being
`
`included in the first information (see at least [0018]-[0020]), and
`
`wherein the frequency of outputting the second information group is lower than
`
`the frequency of outputting the first information group (see at least [0020]—[0021]).
`
`With regard to claim 8, Seder teaches that the controller attempts to repeatedly perform
`
`a target tracking process on the plurality of objects based on the information on the
`
`plurality of objects received time- sequentially via the input port to determine the priority
`
`based on the information on the plurality of objects, the information on the traffic
`
`environment, and a result of the target tracking process (see at elast [0025]-[0027]).
`
`With regard to claim 9, Seder teaches comprising a memory,
`
`wherein the controller repeatedly detects second information on a first object
`
`selected by the target tracking process on the plurality of objects and repeatedly stores
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 6
`
`the second information in the memory, the second information including a plurality of
`
`second items associated with the first object (see at least [0014]-[0020]+).
`
`With regard to claim 10, Juka teaches that:
`
`the controller detects, by comparing the detected second information with the
`
`stored second information, one or more differential second items among the plurality of
`
`second items (see at least [0035]-[0037];
`
`the output port outputs the one or more differential second items to the in- vehicle
`
`apparatus (see at least [0037]+).
`
`With regard to claim 11, Juka teaches comprising a memory,
`
`wherein the output port outputs, to the in-vehicle apparatus, information on the
`
`plurality of objects belonging to a first information group and information on the plurality
`
`of objects belonging to a second information group being lower in priority than the first
`
`information group, the first information group and the second information group being
`
`included in the first information (see at least 0015]-[003]),
`
`wherein the controller repeatedly detects third information on athird object
`
`among the second information group selected by the target tracking process on the
`
`plurality of objects and repeatedly stores the third information in the memory, the third
`
`information including a plurality of third items associated with the third object, and
`
`detects, by comparing the third information with the stored third information, one or
`
`more differential
`
`third items among the plurality of third items (see at least [0036]-
`
`[0037]), and
`
`wherein the output port outputs the one or more differential third items to the in-
`
`vehicle apparatus (see at least [0037]).
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 7
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NGA X NGUYEN whose telephone number is (571)272-
`
`5217. The examiner can normally be reached on M—F 5:30AM - 2:30PM.
`
`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.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, JELANI SMITH can be reached on 571-270-3969. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`NGA X. NGUYEN
`
`Examiner
`
`Art Unit 3662
`
`

`

`Application/Control Number: 15/597,745
`Art Unit: 3662
`
`Page 8
`
`/NGA X NGUYEN/
`
`Primary Examiner, Art Unit 3662
`
`

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