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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/21/2025 has been entered.
Response to Arguments
Applicant’s arguments, see 8-10, filed 08/21/2025, with respect to the rejection(s) of claim(s) 1 and 11-14 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The amendments to the claims have overcome the previous 102 rejection. Therefore, the rejection has been withdrawn. However, upon further consideration, and in light of additional search, a new ground(s) of rejection is made under 35 U.S.C. 103 in view of Jun US 20180297603 A1 (“Jun”) in view of Naruse US 20190258250 A1 (“Naruse”).
Claim Objections
Claims 16 and 18 objected to because of the following informalities: both claims contain periods (.) in the middle of their claim language. In the rejection below, the claims have had their incorrect periods replaced with semicolons, designated as (;). Appropriate correction is required.
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.
Claim(s) 1 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jun US 20180297603 A1 (“Jun”) in view of Naruse US 20190258250 A1 (“Naruse”).
Regarding Claim 1. Jun teaches a system for initiating responses to emergency situations comprising:
one or more monitoring sensors (Paragraph 5, vehicular sensors for measuring biometric signals);
one or more vehicle controllers (FIG. 1 shows a controller at 110 and a driving controller at 170);
one or more computers comprising one or more processors and one or more non-transitory computer readable media (Paragraph 51, ROM is a non-transitory computer readable media), the one or more non-transitory computer readable media including instructions stored thereon that when executed cause the one or more computers to implement:
receive, by the one or more processors, one or more monitoring signals from the one or more monitoring sensors (Paragraph 9);
execute, by the one or more processors, an analysis of the one or more monitoring signals at predetermined intervals (Paragraph 57, special mention to the fatigue degree learning device 150, which analyzes a heart rate variability (HRV) with reference to an R-R interval time of an electrocardiogram (ECG) waveform);
determine, by the one or more processors, that the one or more monitoring signals are outside one or more predetermined thresholds (Paragraph 96, wherein the first degree of fatigue (S170) reads on the predetermined threshold); and
execute, by the one or more processors, an intervention when the one or more monitoring signals are outside of the one or more predetermined thresholds (Paragraph 96, wherein the warning alarm is an intervention);
wherein the one or more monitoring sensors are configured and arranged to enable the system to monitor and/or analyze one or more physiological parameters of a user's body via the one or more monitoring signals (Paragraphs 5 and 9); and
wherein the one or more monitoring signals correlate to the one or more physiological parameters (Paragraphs 5 and 9);
wherein the intervention includes one or more phases;
wherein a first phase of the one or more phases includes a communication with a user (Paragraph 80, FIG. 5); and
wherein one or more control steps include executing, by the one or more processors, control over a vehicle via the one or more vehicle controllers (Paragraph 81).
Jun does not teach:
wherein the communication includes one or more of an audible communication, a visual communication, and physical communication (Jun is silent as to the type of communication); and
wherein the system is configured to receive a response from the user; the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response; and
wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop.
However, Naruse teaches:
wherein the communication includes one or more of an audible communication, a visual communication, and physical communication (In step S3, the vehicle controller 38 outputs to the notification device 58, the notification instruction that instructs the notification device 58 to make a gripping request to the vehicle occupant. The notification device 58 makes the gripping request to the vehicle occupant in accordance with the notification instruction. For example, the notification device 58 displays the gripping request or outputs the gripping request by way of voice [paragraph 51]); and
wherein the system is configured to receive a response from the user (In step S4, the grip determination unit 36 performs the gripping determination [paragraph 52], wherein receiving a grip from the vehicle occupant is a response from the user); the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response (In step S5, the controller determines if the vehicle occupant has gripped the steering wheel, and if not, the process moves to step S7, wherein the vehicle controller outputs to the braking device and the steering device, with a deceleration instruction value and a steering instruction value to pull over the vehicle [paragraphs 53-55]); and
wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop (In FIG. 4, steps S1, the vehicle controller 38 determines whether the transition from the automated driving to the normal driving is necessary. In addition, if it becomes difficult for the vehicle controller 38 to recognize the external environment state on the basis of the detected information from the external environment sensor 18, the vehicle controller 38 determines that the transition from the automated driving to the normal driving or the semi-automated driving is necessary. If the transition from the automated driving to the normal driving or the semi-automated driving is necessary (step S1: YES), the process advances to step S2 [paragraph 47]. When the process has advanced from step S5 to step S7, the vehicle controller 38 outputs to the braking device 56 and the steering device 54, the deceleration instruction value and the steering instruction value to pull over the own vehicle 10. Then, a series of processes is terminated [paragraph 55]. This means that the vehicle control includes a step of pulling the vehicle to a side of the road and bringing the vehicle to a safe stop).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop as taught by Naruse so as to allow the vehicle to pull over safely in the event that a user doesn’t respond when prompted to take direct control of the vehicle.
Regarding Claim 6. Jun in combination with Naruse teaches the system of claim 1.
Jun does not teach:
wherein the system is configured to input one or more environmental parameters before implementing the intervention.
However, Naruse teaches:
wherein the system is configured to input one or more environmental parameters before implementing the intervention (The input system device group 14 includes a grip sensor 16, an external environment sensor 18, an own-vehicle communications device 20, a map unit 22, a navigation device 24, vehicle sensors 26, and a steering angle sensor 28. The grip sensor 16 detects how the vehicle occupant grips the steering wheel 70. The grip sensor 16 will be described in [2]. The external environment sensor 18 detects a state of a periphery (external environment) of the own vehicle 10 and outputs the detected information to the control unit 30. The external environment sensor 18 includes a plurality of cameras, a plurality of radars, and one or more LIDARs. The own-vehicle communications device 20 performs communications with a communications device provided in another vehicle and/or an infrastructure such as a road to acquire external environment information including the other vehicle information and/or the road information, and outputs the external environment information to the control unit 30 [paragraph 32]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the system is configured to input one or more environmental parameters before implementing the intervention as taught by Naruse so as to allow the system to consider external parameters for the vehicle when determining whether to issue an alert to the driver.
Regarding Claim 11. Jun in combination with Naruse teaches the system of claim 1.
Jun also teaches:
wherein the one or more monitoring sensors include accelerometers (Paragraph 82 covers an accelerator position sensor), heartrate monitors, blood pressure monitors, pulse monitors, and/or electrodes (The biometric information may include at least one of an electrocardiogram (ECG), an electroencephalogram (EEG), or an electromyograph (EMG) [paragraph 22]).
Regarding Claim 12. Jun in combination with Naruse teaches the system of claim 1.
Jun also teaches:
wherein the one or more physiological parameters include one or more vital signs, positions, shapes, colors, and/or movements of at least a portion of a user's body (FIGS. 2A and 2B, paragraphs 57-58).
Regarding Claim 13. Jun in combination with Naruse teaches the system of claim 1.
Jun also teaches:
wherein the analysis includes a use of artificial intelligence (Paragraph 9 discloses the fatigue degree learning device, which by default includes artificial intelligence); wherein the artificial intelligence includes one or more programming modules including encoder modules, decoder modules, and classifier modules (Paragraph 58 covers classifying the different waves in FIGS. 2A and 2B, and the steps of the method may be implemented by a software module [Paragraph 102]); and wherein the system is configured to input the one or more monitoring signals as training data to train the artificial intelligence (Paragraph 10).
Regarding Claim 14. Jun in combination with Naruse teaches the system of claim 13.
Jun also teaches:
wherein the artificial intelligence is configured to enable the system to identify specific physiological parameters for a specific user (Paragraph 10); and wherein the artificial intelligence is configured to enable the system to determine if a physiological parameter is abnormal based on the specific physiological parameters (Paragraph 11).
Regarding Claim 15. Jun teaches the system of claim 1.
Jun does not teach:
wherein the system is configured to accept user feedback before executing the intervention.
However, Naruse teaches:
wherein the system is configured to accept user feedback before executing the intervention (In step S4, the grip determination unit 36 performs the gripping determination [paragraph 52], wherein receiving a grip from the vehicle occupant is a response from the user).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the system is configured to accept user feedback before executing the intervention as taught by Naruse so as to allow the user to input a notification of the warning, and to allow the system to react accordingly if the user does not respond to the warning.
Regarding Claim 16. Naruse teaches a system for initiating responses to emergency situations comprising:
one or more monitoring sensors (Paragraph 5, vehicular sensors for measuring biometric signals);
one or more vehicle controllers (FIG. 1 shows a controller at 110 and a driving controller at 170);
one or more computers comprising one or more processors and one or more non-transitory computer readable media (Paragraph 51, ROM is a non-transitory computer readable media), the one or more non-transitory computer readable media including instructions stored thereon that when executed cause the one or more computers to:
receive, by the one or more processors, one or more monitoring signals from the one or more monitoring sensors (Paragraph 9);
execute, by the one or more processors, an analysis of the one or more monitoring signals at predetermined intervals (Paragraph 57, special mention to the fatigue degree learning device 150, which analyzes a heart rate variability (HRV) with reference to an R-R interval time of an electrocardiogram (ECG) waveform);
determine, by the one or more processors, that the one or more monitoring signals are outside one or more predetermined thresholds (Paragraph 96, wherein the first degree of fatigue (S170) reads on the predetermined threshold); and
execute, by the one or more processors, an intervention when the one or more monitoring signals are outside of the one or more predetermined thresholds (Paragraph 96, wherein the warning alarm is an intervention);
wherein the one or more monitoring sensors are configured and arranged to enable the system to monitor and/or analyze one or more physiological parameters of a user's body via the one or more monitoring signals (Paragraphs 5 and 9);
wherein the analysis includes a use of artificial intelligence (Paragraph 9 discloses the fatigue degree learning device, which by default includes artificial intelligence);
wherein the artificial intelligence includes one or more programming modules including encoder modules, decoder modules, and classifier modules (Paragraph 58 covers classifying the different waves in FIGS. 2A and 2B, and the steps of the method may be implemented by a software module [Paragraph 102]); and
wherein the system is configured to input the one or more monitoring signals as training data to train the artificial intelligence (Paragraph 10) (;)
wherein the one or more monitoring signals correlate to the one or more physiological parameters (Paragraphs 5 and 9);
wherein the intervention includes one or more phases (Paragraph 80, FIG. 5);
wherein a first phase of the one or more phases includes a communication with a user (Paragraph 80, FIG. 5); and
wherein one or more control steps include executing, by the one or more processors, control over a vehicle via the one or more vehicle controllers (Paragraph 81).
Jun does not teach:
wherein the communication includes one or more of an audible communication, a visual communication, and physical communication;
wherein the system is configured to receive a response from the user;
wherein the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response;
wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop.
However, Naruse teaches:
wherein the communication includes one or more of an audible communication, a visual communication, and physical communication (In step S3, the vehicle controller 38 outputs to the notification device 58, the notification instruction that instructs the notification device 58 to make a gripping request to the vehicle occupant. The notification device 58 makes the gripping request to the vehicle occupant in accordance with the notification instruction. For example, the notification device 58 displays the gripping request or outputs the gripping request by way of voice [paragraph 51]);
wherein the system is configured to receive a response from the user (In step S4, the grip determination unit 36 performs the gripping determination [paragraph 52], wherein receiving a grip from the vehicle occupant is a response from the user);
wherein the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response (In step S4, the grip determination unit 36 performs the gripping determination [paragraph 52], wherein receiving a grip from the vehicle occupant is a response from the user. In step S5, the controller determines if the vehicle occupant has gripped the steering wheel, and if not, the process moves to step S7, wherein the vehicle controller outputs to the braking device and the steering device, with a deceleration instruction value and a steering instruction value to pull over the vehicle [paragraphs 53-55]);
wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop (In FIG. 4, steps S1, the vehicle controller 38 determines whether the transition from the automated driving to the normal driving is necessary. In addition, if it becomes difficult for the vehicle controller 38 to recognize the external environment state on the basis of the detected information from the external environment sensor 18, the vehicle controller 38 determines that the transition from the automated driving to the normal driving or the semi-automated driving is necessary. If the transition from the automated driving to the normal driving or the semi-automated driving is necessary (step S1: YES), the process advances to step S2 [paragraph 47]. When the process has advanced from step S5 to step S7, the vehicle controller 38 outputs to the braking device 56 and the steering device 54, the deceleration instruction value and the steering instruction value to pull over the own vehicle 10. Then, a series of processes is terminated [paragraph 55]. This means that the vehicle control includes a step of pulling the vehicle to a side of the road and bringing the vehicle to a safe stop).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the communication includes one or more of an audible communication, a visual communication, and physical communication; wherein the system is configured to receive a response from the user; wherein the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response; wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop as taught by Naruse so as to allow the vehicle to pull over safely in the event that a user doesn’t respond when prompted to take direct control of the vehicle.
Regarding Claim 17. Jun in combination with Naruse teaches the system of claim 16.
Jun also teaches:
wherein the artificial intelligence is configured to enable the system to identify specific physiological parameters for a specific user (Paragraph 10); and
wherein the artificial intelligence is configured to enable the system to determine if a physiological parameter is abnormal based on the specific physiological parameters (Paragraph 11).
Claim(s) 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jun US 20180297603 A1 (“Jun”) as applied to claims 1 and 6 above, and further in view of Naruse US 20190258250 A1 (“Naruse”).
Regarding Claim 7. Jun in combination with Naruse teaches the system of claim 6.
Jun does not teach:
wherein the one or more environmental parameters include an object's proximity to the user; and wherein the one or more monitoring sensors are configured determine the object's proximity to the user.
However, Goldman-Shenhar teaches:
wherein the one or more environmental parameters include an object's proximity to the user (Alert condition – paragraph 4, example number 3 (“Backing up, within 10 m of obstacle”)); and wherein the one or more monitoring sensors are configured determine the object's proximity to the user (Paragraph 109).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the one or more environmental parameters include an object's proximity to the user; and wherein the one or more monitoring sensors are configured determine the object's proximity to the user as taught by Goldman-Shenhar so as to warn a driver when an object is too close to the vehicle’s rear.
Regarding Claim 9. Jun teaches the system of claim 1.
Jun does not teach:
wherein the system is configured to execute the intervention even if no abnormal physiological parameters are detected from the one or more monitoring signals; and wherein the system is configured to execute the intervention if one or more vehicle parameters are abnormal.
However, Goldman-Shenhar teaches:
wherein the system is configured to execute the intervention even if no abnormal physiological parameters are detected from the one or more monitoring signals; and wherein the system is configured to execute the intervention if one or more vehicle parameters are abnormal (Paragraph 143 teaches that the warning can be issued because of a hazard in the vehicle path. The table under paragraph 4 also lists icy road conditions, or a disconnected seat belt as reasons to issue a warning, both of which read on one or more vehicle parameters being abnormal).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the system is configured to execute the intervention even if no abnormal physiological parameters are detected from the one or more monitoring signals; and wherein the system is configured to execute the intervention if one or more vehicle parameters are abnormal as taught by Goldman-Shenhar so as to allow the system to implement warnings that are not related to a medical emergency.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jun US 20180297603 A1 (“Jun”) in combination with Naruse US 20190258250 A1 (“Naruse”) as applied to claim 6 above, and further in view of Goldman-Shenhar et al. US 20170291543 A1 (“Goldman-Shenhar”) and Wolff et al. US 20220032956 A1 (“Wolff”).
Regarding Claim 8. Jun in combination with Naruse teaches the system of claim 6.
Jun does not teach:
wherein the system includes a global positioning system; wherein the system is configured to interface with one or more traffic databases.
However, Goldman-Shenhar teaches:
wherein the system includes a global positioning system (GPS at Paragraph 113); wherein the system is configured to interface with one or more traffic databases (Paragraph 218, the navigation component is capable of providing traffic information, implied to be the databases of paragraph 133).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the system includes a global positioning system; wherein the system is configured to interface with one or more traffic databases as taught by Goldman-Shenhar so as to allow the system to communicate with traffic databases.
Jun in combination with Goldman-Shenhar do not teach:
wherein the system is configured to input speed limit data from the one or more traffic databases based on a position determined by the global positioning system when determining that the one or more monitoring signals are outside the one or more predetermined thresholds.
However, Wolff teaches:
wherein the system is configured to input speed limit data from the one or more traffic databases based on a position determined by the global positioning system when determining that the one or more monitoring signals are outside the one or more predetermined thresholds (Paragraph 88).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun and Goldman-Shenhar with wherein the system is configured to input speed limit data from the one or more traffic databases based on a position determined by the global positioning system when determining that the one or more monitoring signals are outside the one or more predetermined thresholds as taught by Wolff so that the system can take speed limit data into account and warn the driver when the vehicle’s speed exceeds the legal limit.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jun US 20180297603 A1 (“Jun”) and Naruse US 20190258250 A1 (“Naruse”) as applied to claim 1 above, and further in view of Komine et al. US 20220218287 A1 (“Komine”).
Regarding Claim 10. Jun in combination with Naruse teaches the system of claim 1.
Jun does not teach:
wherein the one or more control steps include the system autonomously transporting the vehicle and/or driver to an emergency center and/or emergency responder in a third phase.
However, Komine teaches:
wherein the one or more control steps include the system autonomously transporting the vehicle and/or driver to an emergency center and/or emergency responder in a third phase (Paragraph 190).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the one or more control steps include the system autonomously transporting the vehicle and/or driver to an emergency center and/or emergency responder in a third phase as taught by Komine so that the vehicle can transport a driver to an emergency center in the event of a medical emergency.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Jun US 20180297603 A1 (“Jun”) in combination with Goldman-Shenhar et al. US 20170291543 A1 (“Goldman-Shenhar”), Wolff et al. US 20220032956 A1 (“Wolff”), and Naruse US 20190258250 A1 (“Naruse”).
Regarding Claim 18. Jun teaches a system for initiating responses to emergency situations comprising:
one or more monitoring sensors (Paragraph 5, vehicular sensors for measuring biometric signals);
one or more vehicle controllers (FIG. 1 shows a controller at 110 and a driving controller at 170);
one or more computers comprising one or more processors and one or more non-transitory computer readable media (Paragraph 51, ROM is a non-transitory computer readable media), the one or more non-transitory computer readable media including instructions stored thereon that when executed cause the one or more computers to:
receive, by the one or more processors, one or more monitoring signals from the one or more monitoring sensors (Paragraph 9);
execute, by the one or more processors, an analysis of the one or more monitoring signals at predetermined intervals (Paragraph 57, special mention to the fatigue degree learning device 150, which analyzes a heart rate variability (HRV) with reference to an R-R interval time of an electrocardiogram (ECG) waveform);
determine, by the one or more processors, that the one or more monitoring signals are outside one or more predetermined thresholds (Paragraph 96, wherein the first degree of fatigue (S170) reads on the predetermined threshold); and
execute, by the one or more processors, an intervention when the one or more monitoring signals are outside of the one or more predetermined thresholds (Paragraph 96, wherein the warning alarm is an intervention);
wherein the one or more monitoring sensors are configured and arranged to enable the system to monitor and/or analyze one or more physiological parameters of a user's body via the one or more monitoring signals (Paragraphs 5 and 9);
wherein the analysis includes a use of artificial intelligence (Paragraph 9 discloses the fatigue degree learning device, which by default includes artificial intelligence);
wherein the artificial intelligence includes one or more programming modules including encoder modules, decoder modules, and classifier modules (Paragraph 58 covers classifying the different waves in FIGS. 2A and 2B, and the steps of the method may be implemented by a software module [Paragraph 102]); and
wherein the system is configured to input the one or more monitoring signals as training data to train the artificial intelligence (Paragraph 10) (;)
wherein the artificial intelligence is configured to enable the system to identify specific physiological parameters for a specific user (Paragraph 10); and
wherein the artificial intelligence is configured to enable the system to determine if a physiological parameter is abnormal based on the specific physiological parameters (Paragraph 11) (;)
wherein the one or more monitoring signals correlate to the one or more physiological parameters (Paragraphs 5 and 9);
wherein the intervention includes one or more phases (Paragraph 80, FIG. 5);
wherein a first phase of the one or more phases includes a communication with a user (Paragraph 80, FIG. 5); and
wherein one or more control steps include executing, by the one or more processors, control over a vehicle via the one or more vehicle controllers (Paragraph 81).
Jun does not teach:
wherein the system includes a global positioning system; and
wherein the system is configured to interface with one or more traffic databases.
However, Goldman-Shenhar teaches:
wherein the system includes a global positioning system (GPS at Paragraph 113);
wherein the system is configured to interface with one or more traffic databases (Paragraph 218, the navigation component is capable of providing traffic information, implied to be the databases of paragraph 133).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the system includes a global positioning system; wherein the system is configured to interface with one or more traffic databases as taught by Goldman-Shenhar so as to allow the system to communicate with traffic databases.
Jun in combination with Goldman-Shenhar do not teach:
wherein the system is configured to input speed limit data from the one or more traffic databases based on a position determined by the global positioning system when determining that the one or more monitoring signals are outside the one or more predetermined thresholds (;)
However, Wolff teaches:
wherein the system is configured to input speed limit data from the one or more traffic databases based on a position determined by the global positioning system when determining that the one or more monitoring signals are outside the one or more predetermined thresholds (Paragraph 88) (;)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun and Goldman-Shenhar with wherein the system is configured to input speed limit data from the one or more traffic databases based on a position determined by the global positioning system when determining that the one or more monitoring signals are outside the one or more predetermined thresholds as taught by Wolff so that the system can take speed limit data into account and warn the driver when the vehicle’s speed exceeds the legal limit.
Jun also does not teach:
wherein the communication includes one or more of an audible communication, a visual communication, and physical communication;
wherein the system is configured to receive a response from the user;
wherein the system is configured to accept user feedback before executing the intervention;
wherein the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response;
wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop.
However, Naruse teaches:
wherein the communication includes one or more of an audible communication, a visual communication, and physical communication (In step S3, the vehicle controller 38 outputs to the notification device 58, the notification instruction that instructs the notification device 58 to make a gripping request to the vehicle occupant. The notification device 58 makes the gripping request to the vehicle occupant in accordance with the notification instruction. For example, the notification device 58 displays the gripping request or outputs the gripping request by way of voice [paragraph 51]);
wherein the system is configured to receive a response from the user (In step S4, the grip determination unit 36 performs the gripping determination [paragraph 52], wherein receiving a grip from the vehicle occupant is a response from the user);
wherein the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response (In step S4, the grip determination unit 36 performs the gripping determination [paragraph 52], wherein receiving a grip from the vehicle occupant is a response from the user. In step S5, the controller determines if the vehicle occupant has gripped the steering wheel, and if not, the process moves to step S7, wherein the vehicle controller outputs to the braking device and the steering device, with a deceleration instruction value and a steering instruction value to pull over the vehicle [paragraphs 53-55]);
wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop (In FIG. 4, steps S1, the vehicle controller 38 determines whether the transition from the automated driving to the normal driving is necessary. In addition, if it becomes difficult for the vehicle controller 38 to recognize the external environment state on the basis of the detected information from the external environment sensor 18, the vehicle controller 38 determines that the transition from the automated driving to the normal driving or the semi-automated driving is necessary. If the transition from the automated driving to the normal driving or the semi-automated driving is necessary (step S1: YES), the process advances to step S2 [paragraph 47]. When the process has advanced from step S5 to step S7, the vehicle controller 38 outputs to the braking device 56 and the steering device 54, the deceleration instruction value and the steering instruction value to pull over the own vehicle 10. Then, a series of processes is terminated [paragraph 55]. This means that the vehicle control includes a step of pulling the vehicle to a side of the road and bringing the vehicle to a safe stop).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Jun with wherein the communication includes one or more of an audible communication, a visual communication, and physical communication; wherein the system is configured to receive a response from the user; wherein the system is configured to initiate one or more second phase control steps if there is no user response and/or an abnormal user response; wherein the one or more control steps include the system steering the vehicle to a side of a road and bring the vehicle to a safe stop as taught by Naruse so as to allow the vehicle to pull over safely in the event that a user doesn’t respond when prompted to take direct control of the vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON G CAIN whose telephone number is (571)272-7009. The examiner can normally be reached Monday: 7:30am - 4:30pm EST to Friday 7:30pm - 4:30am.
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/AARON G CAIN/Examiner, Art Unit 3656