DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/27/2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claims 1-10, 16-17, 20, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP 2017058761 A – previously cited) in view of Harada (US 20160161267 A1– previously cited), Qiao (US 20220089163 A1 – newly cited), and Brandin et al. (US 20170349175 A1– previously cited).
Regarding claim 1, Tanaka discloses a system for operating a vehicle traveling in a first lane of a first road to warn a neighboring vehicle in an adjacent lane of the first road that the vehicle is about to cut across the adjacent lane to exit from the first road to a second road branching from the first road (fig. 1), comprising:
a processor (fig. 1 control circuit 50 including processor 50a); and
a computer-readable medium ([0024] a RAM, and a flash memory) in communication with the processor and storing instructions that, when executed by the processor, cause the processor to control the system to perform:
detecting a steering angle of the vehicle ([0018] The steering sensor 22 detects the steering angle of the steering wheel operated by the driver.) and detecting a gaze direction of a driver of the vehicle while the vehicle is traveling on the first lane of the first road ([0019] The line-of-sight detection device 27 acquires an image photographed by the in-vehicle camera 26. The line-of-sight detection device 27 detects the line-of-sight direction of both eyes of the driver by analyzing the image of the face of the driver.);
determining that a vehicle is at an exit preparation area where a preparation is needed for the vehicle to exit from the first road to a second road branching from the first road ([0016] The radar sensor 11 and the surroundings monitoring camera 12 are used to detect traffic signals, guardrails, curbstones, road signs, road signs, lane/road markings, etc.; [0006]-[0009] surrounding scenes with a high probability of lane change can be identified; also see [0047]);
in response to determining that the vehicle is at the exit preparation area, determining whether a lane change is needed for the vehicle to cut across the adjacent lane of the first road, which is located between the first lane of the first road that the vehicle is currently traveling in and the second road, in order for the vehicle to exit from the first road to the second road ([0063] based on the fact that the vehicle A is determined to be in the specific scene, the determination on whether or not is necessary to change the lane is started; also see abstract and [0014]);
in response to determining that the lane change is needed for the vehicle to exit from the first road to the second road, determining whether a turn signal of the vehicle is activated for the lane change indicating a lane change intention of the driver (fig. 1; [0021] The direction indicator 35 is configured to indicate the moving direction of the vehicle A in the surroundings when turning right or left and changing lanes; [0039] the vehicle may be an automatically driven vehicle in which the system performs all or a part of the maneuvering; [0041]-[0043] teaches determining when a turn signal is activated responsive to situation when a lane change is necessary; [0041]-[0042], [0047] and [0062] teaches lighting device 100 can determine if the direction indicator 35 is activated; also see [0037].);
in response to determining that the turn signal is activated for the lane change in a state where the lane change across the adjacent lane is needed for the vehicle to exit to the second road, the lane change intention of the driver is communicated via a wireless communication channel to the neighboring vehicle in the adjacent lane ([0022], [0035] teaches that device control unit 67 notifies surrounding vehicles A1–A3 of the possibility/intention of lane change by wireless communication using communicator 36, coordinated with/along with operation of the direction indicator 35.);
in response to determining that the turn signal of the vehicle is not activated, determining whether the driver intends to perform the lane change based on the detected steering angle and driver's gaze direction ([0034] the system uses both gaze detection (via line-of-sight detecting device 27 and in-vehicle camera 26) and vehicle behavior (including acceleration/deceleration and steering behavior from sensors 21, 22, 24, 25) to assess driver intent); and
in response to determining that (1) the turn signal is not activated ([0037], the device control unit 67 notifies the surrounding vehicles A1 to A3 of the possibility/intention of lane change by wireless communication using the communication device 36 before the operation of the direction indicator 35) and (2) the driver intends to perform the lane change ([0034]-[0035] When it is determined that the driver intends to change the lane, the driver characteristic determination unit 64 outputs information indicating that there is an intention to perform lane change to the device control unit 67. The device control unit 67, via notification device 34, notifies the other vehicles A1 to A3 traveling in the surroundings that there is a possibility/intention of lane change; [0014] the communication device 36 function as a notification device 34 that notifies the surroundings of the intention of the lane change for the vehicle A), transmitting, via the wireless communication channel to the neighboring vehicle on the first road, a message containing an intention of the driver to perform the lane change ([0022] The communication device 36 is installed in the vehicle A and is capable of wireless communication with communication devices mounted respectively in the other vehicles A1 to A3 around the vehicle. One of the information transmitted to the other vehicles A1 to A3 by the communication device 36 is information for notifying the possibility/intention of lane change; [0035] and [0037] teaches transmitting a message containing an intention of the driver to perform the lane change).
However, Tanaka does not expressly disclose steering wheel of a vehicle relative to a neutral state of the steering wheel; wherein the determination that the vehicle is at the exit preparation area is based on determining whether the vehicle is within a predetermined distance from a predetermined exit point to exit from the first road to the second road branching from the first road; determining whether the driver's gaze direction is repeatedly directed toward a side-view mirror of the vehicle within a predetermined period of time; and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state.
Nonetheless, in an analogous art, Harada teaches determining whether a vehicle is within a predetermined distance from a predetermined exit point to exit from a first road to a second road branching from the first road. See figures 2-3, [0049] and [0059].
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to determine whether a vehicle is within a predetermined distance from a predetermined exit point to exit from a first road to a second road branching from the first road as taught by Harada in the system taught by Tanaka. The motivation for doing so would have been to prepare the vehicle for an exit event (as suggested in fig. 3 steps 315-355, abstract, [0001], and [0003] of Harada).
However, Tanaka in view of Harada does not expressly disclose determining whether the driver's gaze direction is repeatedly directed toward a side-view mirror of the vehicle within a predetermined period of time; and steering wheel of a vehicle relative to a neutral state of the steering wheel and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state.
Nonetheless, in an analogous art, Qiao teaches determining whether the driver’s gaze direction is repeatedly directed toward a side-view mirror within a predetermined period of time by counting a number of eye switches from an on-road direction to a side mirror direction in a short time interval and updating/resetting an “eyes on mirror” counter based on timer thresholds. See [0006], [0045], and [0053]–[0054]).
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Qiao’s gaze-behavior evaluation (e.g., counting the number of driver eye switches from an on-road direction to a side-view mirror direction within a short time interval) into Tanaka’s driver characteristic determination for lane-change intent (Tanaka [0034]) because both references are directed to predicting/inferring driver lane-change intent using driver gaze behavior. Incorporating Qiao’s mirror-glance counting would have improved the robustness and reliability of Tanaka’s intent determination in situations where a driver checks the side-view mirror in multiple short glances rather than maintaining a continuous gaze, thereby reducing missed detections and better reflecting natural driver behavior.
However, Tanaka in view of Harada and Qiao does not expressly disclose steering wheel of a vehicle relative to a neutral state of the steering wheel and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state.
Nonetheless, in an analogous art, Brandin disclosed in paragraph [0011], the system identifies a predetermined steering angle threshold α, and determines lane change intent when the driver turns the wheel at least α degrees from the neutral position. Further, paragraph [0034] illustrates an embodiment where the driver initiates a lane change by turning the steering wheel α degrees counter-clockwise and then β degrees clockwise, where both values represent meaningful deviations from neutral steering to indicate a maneuver. Paragraph [0032] describes the steering angle sensor (18), which detects these angular displacements and provides the data needed to compare the angle to a threshold value. This sensor data enables logic that determines when the steering angle exceeds the predefined reference range. Taken together, these disclosures clearly teach the limitation: “steering wheel angle of a vehicle relative to a neutral state of the steering wheel and…determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state…”.
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to detect a steering wheel angle of a vehicle relative to a neutral state of the steering wheel and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state as taught by Brandin in the system taught by Tanaka in view of Harada and Qiao. The motivation for doing so would have been to enhance detection of lane change intent (as suggested in abstract and [0011] of Brandin).
Regarding claim 2, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, wherein, for determining that the vehicle is at the exit preparation area, the instructions, when executed by the processor, further cause the processor to control the system to perform determining that a distance between (1) a first position at which the vehicle is located on the first road and (2) a second position at which the second road starts branching from the first road is within a predetermined distance (Tanaka [0016] The radar sensor 11 and the surroundings monitoring camera 12 can acquire the positional relationship of road characteristics surrounding around the vehicle A; [0028] determining relative position of lane markings).
Same motivation to combine as claim 1.
Regarding claim 3, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, wherein, for determining whether the driver intends to perform the lane change, the instructions, when executed by the processor, further cause the processor to control the system to perform: determining whether the detected steering angle meets a predetermined angle condition (Tanaka [0018] steering sensor 22 detects the steering angle of the steering wheel operated by the driver; [0034] the driver characteristics determination unit 64 determines whether or not the driver intends to change lanes based on respective outputs of the line-of-sight detecting device 27 and the steering sensor 22.).
Same motivation to combine as claim 1.
Regarding claim 4, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, wherein the wireless communication channel includes a V2V communication channel (Tanaka [0035] By controlling the direction indicator 35 and the communicator 36, the device control unit 67 notifies the other vehicles A1 to A3 traveling in the surroundings that there is a possibility of lane change; [0022] The communication device 36 is installed in the vehicle A and is capable of wireless communication with communication devices mounted respectively in the other vehicles A1 to A3 around the vehicle.).
Same motivation to combine as claim 1.
Regarding claim 5, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, wherein the wireless communication channel includes a V2X communication channel (Tanaka [0035] By controlling the direction indicator 35 and the communicator 36, the device control unit 67 notifies the other vehicles A1 to A3 traveling in the surroundings that there is a possibility of lane change; [0022] The communication device 36 is installed in the vehicle A and is capable of wireless communication with communication devices mounted respectively in the other vehicles A1 to A3 around the vehicle.).
Same motivation to combine as claim 1.
Regarding claim 16, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, wherein the instructions, when executed by the processor, further cause the processor to control the system to perform, in response to determining that (1) the turn signal is not activated and (2) the driver intends to perform the lane change, activating the turn signal in addition to transmitting, to the neighboring vehicle on the first road, the message containing the intention of the driver to perform the lane change (Tanaka [0034]-[0035] When it is determined that the driver intends to change the lane, the driver characteristic determination unit 64 outputs information indicating that there is an intention to perform lane change to the device control unit 67. The device control unit 67, via notification device 34, notifies the other vehicles A1 to A3 traveling in the surroundings that there is a possibility/intention of lane change; [0014] The direction indicator 35 and the communication device 36 function as a notification device 34 that notifies the surroundings of the intention of the lane change for the vehicle A; [0037] The device control unit 67 notifies the surrounding vehicles A1 to A3 of the possibility/intention of lane change by wireless communication using the communication device 36 before the operation of the direction indicator 35. In addition (i.e., Then), the device control unit 67 provides notification of the intended lane change via the direction indicator 35.).
Same motivation to combine as claim 1.
Regarding claim 20, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, wherein the predetermined reference angle is equal to or greater than 30 degrees (Brandin [0011]).
Same motivation to combine as claim 1.
Claims 6-10, 17 and 23 are being rejected similarly to the rejection of claims 1-5, 16 and 20 above for being directed to a method having steps corresponding to the operations/functions of claims 1-5, 16 and 20 above whereby the scope and contents of the recited limitations are substantially the same.
Regarding claim 24, Tanaka discloses a system for operating a vehicle traveling in a first lane of a first road to warn a neighboring vehicle in an adjacent lane of the first road that the vehicle is about to cut across the adjacent lane to exit from the first road to a second road branching from the first road, and for automatically predicting a cut-in situation by recognizing a state of a driver of the vehicle in a situation where the driver suddenly cuts in the adjacent lane without activating a turn signal (fig. 1), comprising:
a processor (fig. 1 control circuit 50 including processor 50a); and
a computer-readable medium ([0024] a RAM, and a flash memory) in communication with the processor and storing instructions that, when executed by the processor, cause the processor to control the system to perform:
detecting a steering angle of the vehicle ([0018] The steering sensor 22 detects the steering angle of the steering wheel operated by the driver.) and detecting a gaze direction of a driver of the vehicle while the vehicle is traveling on first road ([0019] The line-of-sight detection device 27 acquires an image photographed by the in-vehicle camera 26. The line-of-sight detection device 27 detects the line-of-sight direction of both eyes of the driver by analyzing the image of the face of the driver.);
determining that the vehicle is at an exit preparation area where a preparation is needed for the vehicle to exit from the first road to the second road branching from the first road ([0016] The radar sensor 11 and the surroundings monitoring camera 12 are used to detect traffic signals, guardrails, curbstones, road signs, road signs, lane/road markings, etc.; [0006]-[0009] surrounding scenes with a high probability of lane change can be identified; also see [0047]);
in response to determining that the vehicle is at the exit preparation area, determining whether a lane change is needed for the vehicle to cut across the adjacent lane of the first road, which is located between the first lane of the first road that the vehicle is currently traveling in and the second road, in order for the vehicle to exit from the first road to the second road ([0063] based on the fact that the vehicle A is determined to be in the specific scene, the determination on whether or not is necessary to change the lane is started; also see abstract and [0014]);
in response to determining that the lane change is needed for the vehicle to exit from the first road to the second road, determining whether a turn signal of the vehicle is activated for the lane change indicating that a lane change intention of the driver (fig. 1; [0021] The direction indicator 35 is configured to indicate the moving direction of the vehicle A in the surroundings when turning right or left and changing lanes; [0039] the vehicle may be an automatically driven vehicle in which the system performs all or a part of the maneuvering; [0041]-[0043] teaches determining when a turn signal is activated responsive to situation when a lane change is necessary; [0041]-[0042], [0047] and [0062] teaches lighting device 100 can determine if the direction indicator 35 is activated; also see [0037].);
in response to determining that the turn signal is activated for the lane change in a state where the lane change across the adjacent lane is needed for the vehicle to exit to the second road, the lane change intention of the driver is communicated via a wireless communication channel to the neighboring vehicle in the adjacent lane ([0022], [0035], [0037] teaches that device control unit 67 notifies surrounding vehicles A1–A3 of the possibility/intention of lane change by wireless communication using communicator 36, coordinated with/along with operation of the direction indicator 35.);
in response to determining that the turn signal of the vehicle is not activated, determining whether the driver intends to perform the lane change based on the detected steering angle and driver's gaze direction ([0034] the system uses both gaze detection (via line-of-sight detecting device 27 and in-vehicle camera 26) and vehicle behavior (including acceleration/deceleration and steering behavior from sensors 21, 22, 24, 25) to assess driver intent); and
in response to determining that (1) the turn signal is not activated ([0037], the device control unit 67 notifies the surrounding vehicles A1 to A3 of the possibility/intention of lane change by wireless communication using the communication device 36 before the operation of the direction indicator 35) and (2) the driver intends to perform the lane change ([0034]-[0035] When it is determined that the driver intends to change the lane, the driver characteristic determination unit 64 outputs information indicating that there is an intention to perform lane change to the device control unit 67. The device control unit 67, via notification device 34, notifies the other vehicles A1 to A3 traveling in the surroundings that there is a possibility/intention of lane change; [0014] the communication device 36 function as a notification device 34 that notifies the surroundings of the intention of the lane change for the vehicle A), transmitting, via a wireless communication channel to a neighboring vehicle on the first road, a message containing an intention of the driver to perform the lane change ([0022] The communication device 36 is installed in the vehicle A and is capable of wireless communication with communication devices mounted respectively in the other vehicles A1 to A3 around the vehicle. One of the information transmitted to the other vehicles A1 to A3 by the communication device 36 is information for notifying the possibility/intention of lane change; [0035] and [0037] teaches transmitting a message containing an intention of the driver to perform the lane change).
However, Tanaka does not expressly disclose steering wheel of a vehicle relative to a neutral state of the steering wheel; wherein the determination that the vehicle is at the exit preparation area is based on determining whether the vehicle is within a predetermined distance from a predetermined exit point to exit from the first road to the second road branching from the first road; determining whether the detected driver's gaze direction that the driver repeatedly gazes toward a side-view mirror of the vehicle within a predetermined period of time; and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state.
Nonetheless, in an analogous art, Harada teaches determining whether a vehicle is within a predetermined distance from a predetermined exit point to exit from a first road to a second road branching from the first road. See figures 2-3, [0049] and [0059].
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to determine whether a vehicle is within a predetermined distance from a predetermined exit point to exit from a first road to a second road branching from the first road as taught by Harada in the system taught by Tanaka. The motivation for doing so would have been to prepare the vehicle for an exit event (as suggested in fig. 3 steps 315-355, abstract, [0001], and [0003] of Harada).
However, Tanaka in view of Harada does not expressly disclose determining whether the detected driver's gaze direction that the driver repeatedly gazes toward a side-view mirror of the vehicle within a predetermined period of time; and steering wheel of a vehicle relative to a neutral state of the steering wheel and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state.
Nonetheless, in an analogous art, Qiao teaches determining whether the driver’s gaze direction is repeatedly directed toward a side-view mirror within a predetermined period of time by counting a number of eye switches from an on-road direction to a side mirror direction in a short time interval and updating/resetting an “eyes on mirror” counter based on timer thresholds. See [0006], [0045], and [0053]–[0054]).
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Qiao’s gaze-behavior evaluation (e.g., counting the number of driver eye switches from an on-road direction to a side-view mirror direction within a short time interval) into Tanaka’s driver characteristic determination for lane-change intent (Tanaka [0034]) because both references are directed to predicting/inferring driver lane-change intent using driver gaze behavior. Incorporating Qiao’s mirror-glance counting would have improved the robustness and reliability of Tanaka’s intent determination in situations where a driver checks the side-view mirror in multiple short glances rather than maintaining a continuous gaze, thereby reducing missed detections and better reflecting natural driver behavior.
However, Tanaka in view of Harada and Qiao does not expressly disclose steering wheel of a vehicle relative to a neutral state of the steering wheel and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state; nonetheless, in an analogous art, Brandin discloses in paragraph [0011], the system identifies a predetermined steering angle threshold α, and determines lane change intent when the driver turns the wheel at least α degrees from the neutral position. Further, paragraph [0034] illustrates an embodiment where the driver initiates a lane change by turning the steering wheel α degrees counter-clockwise and then β degrees clockwise, where both values represent meaningful deviations from neutral steering to indicate a maneuver. Paragraph [0032] describes the steering angle sensor (18), which detects these angular displacements and provides the data needed to compare the angle to a threshold value. This sensor data enables logic that determines when the steering angle exceeds the predefined reference range. Taken together, these disclosures clearly teach the limitation: “…detecting steering wheel angle of a vehicle relative to a neutral state of the steering wheel and…determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state…”
Therefore, it would have been obvious for a person of ordinary skill in the art at before the effective filing date of the claimed invention to detect steering wheel angle of a vehicle relative to a neutral state of the steering wheel and determining whether the detected steering angle is equal to or greater than a predetermined reference angle from the neutral state as taught by Brandin in the system taught by Tanaka in view of Harada and Qiao. The motivation for doing so would have been to enhance detection of lane change intent (as suggested in abstract and [0011] of Brandin).
Claims 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (JP 2017058761 A) in view of Harada (US 20160161267 A1), Qiao (US 20220089163 A1 – newly cited), and Brandin et al. (US 20170349175 A1) as applied to claim 1 or 6 above, further in view of Alasry (US 9616809 B1 – previously cited).
Regarding claim 19, Tanaka in view of Harada, Qiao and Brandin discloses the system of claim 1, but does not expressly disclose wherein the predetermined period of time is equal to or greater than 2 seconds; nonetheless, in an analogous art, Alasry teaches using a gaze-related time period such as two seconds in determining lane-change intent (col 7 ln 33-42).
Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to select a predetermined period of time that is equal to or greater than 2 seconds as taught by Alasry for the repeated mirror-directed gaze determination in the modified system taught by Tanaka in view of Harada, Qiao and Brandin. The motivation for doing so would have been to improve reliability of intent determination and reduce inadvertent intent detections.
Claim 22 is being rejected similarly to the rejection of claim 19 above for being directed to a method having steps corresponding to the operations/functions of claim 19 above whereby the scope and contents of the recited limitations are substantially the same.
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive.
Applicant argues that the applied art does not teach or suggest "in response to determining that the turn signal is activated for the lane change in a state where the lane change across the adjacent lane is needed for the vehicle to exit to the second road, the lane change intention of the driver is communicated via a wireless communication channel to the neighboring vehicle in the adjacent lane"; however, the examiner respectfully disagrees.
Tanaka teaches that the vehicle includes a direction indicator (35) and a communicator 36 capable of wireless communication with surrounding vehicles A1–A3, and that the system, via the device control unit, notifies surrounding vehicles of the possibility/intention of lane change by wireless communication, coordinated with operation of the direction indicator. Accordingly, Tanaka teaches or at least suggests communicating the lane change intention to neighboring vehicles (including vehicles in an adjacent lane) when the direction indicator is activated for the lane change (see Tanaka [0022], [0035]). Therefore, applicant's arguments are not persuasive and the rejection is maintained.
Conclusion
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/RAJSHEED O BLACK-CHILDRESS/Examiner, Art Unit 2685