Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments in the pre-appeal brief conference request filed October 8, 2025 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In this office action, Mao is cited for 35 USC 102 rejections for claims 1, 2-4, 10-14, 20.
Claim Rejections - 35 USC § 102
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 of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2-4, 10-14, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable over Mao (US 20210158700 A1).
Regarding claim 1, Mao discloses:
A method of operating a vehicle having a driver assistance system {paragraph [0090]: automatic control}, the method comprising: detecting driving parameters pertaining to the vehicle while the vehicle is being driven on a roadway using a sensor system of the vehicle; detecting objects in and around the roadway using the sensor system of the vehicle, the objects including at least road signs, lane indicators, and other vehicles on the roadway {[0077]: detect the lane line, [0113]: to detect a traffic signal in a vehicle travelling environment}, identifying a traffic rule pertaining to the roadway using a traffic violation warning and prevention system of the driver assistance system using at least a road sign detected by the sensor system, detecting a traffic situation pertaining to the traffic rule based on the detected objects and the driving parameters using the sensor system, generating an alert that warns a driver of the vehicle of a potential traffic violation prior to violating the traffic rule when the traffic situation is detected using the traffic violation warning and prevention system {[0041]: Vehicle travelling need to comply with traffic rules, and the traffic rules are mainly embodied by traffic signals during travelling. In the embodiment of the present disclosure, at least one traffic signal is collected to alert or control the vehicle to comply with traffic rules. [0072]: speed limits … prohibition signs , such as no left turn , no right turn , no steering , no turns and no stopping … a warning information can be issued and/or an automatic control can be performed to prohibit these operations. [0122]: the current travelling state of the vehicle includes… travelling speed, lamp state, direction control state, braking state, and horn state. [0124]: the detection result of traffic signal includes… lane line departure detection result, traffic sign detection result, traffic light state detection result, traffic police instruction detection result. Examiner notes that [0072], [0122] and [0124] disclose situations for a potential traffic violation prior to violating the traffic rule}.
Regarding claim 2, which depends from claim 1, Mao discloses: further comprising: automatically taking control of at least one of a steering system, a speed system, and a braking system of the vehicle using the driver assistance system to prevent a violation of the traffic rule {[0041], [0072]: the vehicle is controlled not to perform operations prohibited by the traffic signs at this time}.
Regarding claim 3, which depends from claim 1, Mao discloses: wherein the driving parameters include at least one of a current position of the vehicle with respect to lanes of the roadway, a current speed, a current steering angle, and a magnitude of acceleration or deceleration {[0077]: to obtain the position of the lane line in the image, and the relative position information between the vehicle and the lane line is determined in combination with the position of the lane line}.
Regarding claim 4, which depends form claim 1, Mao discloses: wherein the sensor system includes at least one of an image sensor, a LIDAR sensors, a radar sensor, and a GPS sensor {[0039]: a camera}.
Regarding claim 10, which depends from claim 1, Mao discloses: wherein the traffic rule indicates that vehicles must not driver faster than a speed limit of the roadway, and wherein the detecting of the traffic situation further comprises: detecting a speed limit sign using the sensor system; determining the speed limit of the roadway from the detected speed limit sign using the traffic violation warning and prevention system; and detecting that a current speed of the vehicle is equal to the determined speed limit of the roadway and the vehicle is accelerating {[0072]}.
Similar reasoning applies to claim 20.
Regarding claim 11, which depends from claim 1, Mao discloses: wherein the generating of the alert further comprises: at least one of displaying the alert on a display screen in the vehicle and generating an audible alert or haptic alert {[0072], [0161]: an output portion 307 including a cathode ray tube (CRT), a liquid crystal display (LCD), and a speaker, etc.}.
Regarding claim 12,Mao disclose : A method of operating a vehicle having a driver assistance system, the method comprising: detecting driving parameters pertaining to the vehicle while the vehicle is being driven on a roadway using a sensor system of the vehicle; detecting objects in and around the roadway using the sensor system of the vehicle, the objects including at least road signs, lane indicators, and other vehicles on the roadway; identifying a traffic rule pertaining to the roadway using a traffic violation warning and prevention system of the driver assistance system using at least a road sign detected by the sensor system; detecting a traffic situation pertaining to the traffic rule based on the detected objects and the driving parameters using the sensor system, automatically taking control of at least one of a steering system, a speed system, and a braking system of the vehicle using the driver assistance system prior to violating the traffic rule to prevent a violation of the traffic rule {[0090], [0077], [0113], [0041], [0072], [0122], [0124]}.
Regarding claim 13, which depends from claim 12, Mao discloses: wherein the driving parameters include at least one of a current position of the vehicle with respect to lanes of the roadway, a current speed, a current steering angle, and a magnitude of acceleration or deceleration {[0077]}.
Regarding claim 14, which depends from claim 12, Mao discloses: wherein the sensor system includes at least one of an image sensor, a LIDAR sensors, a radar sensor, and a GPS sensor {[0039]}.
Claim Rejections - 35 USC § 103
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 of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5-9, 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mao in further view of Ben S et al. (WO 2020240274 A1).
Regarding claim 5, which depends from claim 1, Mao does not disclose: wherein the traffic rule is an improper passing rule.
Ben S teaches that passing needs to observe traffic rules in paragraph [0317]: The lane marks include double lines, such as a double continuous lines, double dashed lines or a combination of continuous and dashed lines indicating whether passing is permitted in an adjacent lane. / [0398]: signs may be identified, such as passing zone signs.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the lane marks and zone sign for passing of Ben S with the described invention of Mao in order to focus the vehicle operation method to a specific traffic rule.
Similar reasoning applies to claim 15.
Regarding claim 6, which depends from claim 5, Mao does not disclose: wherein the detecting of the traffic situation pertaining to the traffic rule further comprises: detecting that the vehicle is about to pass a first vehicle of the other vehicles on the roadway in a manner that violates the improper passing rule using the sensor system.
Ben S teaches the improper passing rule in [0317], [0398] and detecting another vehicle on the roadway in [0132]: a first processing device may receive images from both the main camera and the narrow field of view camera, and perform vision processing to detect other vehicles. / [0407]: the target vehicle may be observed to be approaching the host vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the passing rule and other vehicle detection features of Ben S with the described invention of Mao in order to detect provide means to detect improper passing.
Similar reasoning applies to claim 16.
Regarding claim 7, which depends from claim 5, Mao does not disclose: wherein the improper passing rule specifies that passing the other vehicles on the roadway on a right side of the other vehicles.
Ben S teaches the improper passing rule in [0317], [0398], and detecting another approaching vehicle on the roadway in [0132], [0407], capturing images to the right or left of vehicle in [0118]: to have a FOV of 140 degrees, especially for image capture devices 122, 124, and 126 that may be used to capture images of the area in the vicinity of vehicle 200. For example, image capture device 122 may be used to capture images of the area to the right or left of vehicle 200, and lane information identification in [0007]: The processor may be programmed to receive, from a camera, image captured from an environment of the host vehicle; and analyze the image to identity a representation of a lane of travel of the vehicle and additional lane of travel along the road segment. The processor may further be programmed to analyze the at least one image to identify an attribute associated with the at least one additional lane of travel; and determine, based on the attribute, information indicative of a characterization of the at least one additional lane of travel.
Examiner notes that Ben S teaches detecting other vehicles in lanes on either side of the own vehicle. Depending on the road signs or traffic rules of a particular region, passing a vehicle on a roadway on a right side of the vehicle may be prohibited.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the passing rule, other vehicle detection, and adjacent lane analysis features of Ben S with the described invention of Mao in order to provide guide to detect improper passing in a specific traffic rule system.
Similar reasoning applies to claim 17.
Regarding claim 8, which depends from claim 5, Mao does not disclose: wherein the improper passing rule specifies that crossing over a solid lane dividing line to pass the other vehicles is prohibited, and wherein the detecting of the traffic situation further comprises: detecting that the vehicle is driving in a lane with a solid lane dividing line on a left side of the vehicle using the sensor system; and detecting that the vehicle is about to cross over the solid lane dividing line into another lane using the sensor system.
Ben S teaches the improper passing rule in [0317], [0398], capturing images to the right or left of vehicle in [0118]: lane information identification in [0007], lane change movement in [0407], [0371]: the navigational action to perform a lateral movement (e.g., a lane change), and passing permitting lines in [0317]: The lane marks may also include double lines, such as a double continuous lines, double dashed lines or a combination of continuous and dashed lines indicating, for example, whether passing is permitted in an adjacent lane.
Examiner notes that paragraph [0317] does not indicates a solid line as an indication that passing is permitted in an adjacent lane, and it is well known in the art of driving that a solid line indicates that passing is not permitted in an adjacent lane.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the passing rule, lane information identification, lane change movement and lane mark features of Ben S with the described invention of Mao in order to provide guidance to detect improper passing with a road sign, for example, a solid lane line.
Similar reasoning applies to claim 18.
Regarding claim 9, which depends from claim 5, Mao does not disclose: wherein the improper passing rule specifies that no passing is allowed in no passing zones of the roadway, and wherein the detecting of the traffic situation further comprises: detecting a road sign indicating that the roadway includes a no passing zone using the sensor system; and detecting that the vehicle is about to move alongside a first vehicle of the other vehicles in the no passing zone using the sensor system.
Ben S teaches detecting another vehicle on the roadway in [0132], [0407] and passing zone signs in [0398]: various other signs may be identified, such as stop signs, turn arrow or directional arrow signs, speed limit signs, road work signs, do not enter signs, passing zone signs, yield signs, route marker signs, “no trucks” signs, “no bicycle” signs, or any other signs that may be relevant to characterization of one or more lanes in a road segment.
Examiner notes that the enumerated list and explanation for any other signs that may be relevant imply that no passing zone is also included in road signs.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the road sign and another vehicle detecting features of Ben S with the described invention of Mao in order to provide guidance to detect improper passing with a road sign, for example, a passing zone.
Similar reasoning applies to claim 19.
Regarding claim 17, which depends from claim 15, Mao does not disclose: wherein the improper passing rule specifies that passing the other vehicles on the roadway on a right side of the other vehicles.
Ben S teaches the improper passing rule in [0317], [0398], and detecting another approaching vehicle on the roadway in [0132], [0407], capturing images to the right or left of vehicle in [0118], lane information identification in [0007], and detecting relative speed of the other vehicle in [0142]: data may include speed of vehicle 200 relative to a nearby vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the passing rule, other vehicle detection, adjacent lane analysis and relative speed detection features of Ben S with the described invention of Mao in order to provide guide to detect improper passing in a specific traffic rule system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jiang et al. (US 20210064030 A1) discloses prevention of traffic rule violation.
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/C.P./Examiner, Art Unit 3661
/RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661