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 .
Status of Claims
This is a Final Action for Request for Continued Examination (RCE) application Serial No. 17/862,156. Claim(s) 1, 3-7, 9-14, 16, 17, and 21-24 have been examined and fully considered. Claims 1, 7, and 13 are amended. Claims 2, 8, 15, 18-20 are canceled. Claims 21-24 are new. Claim(s) 1, 3-7, 9-14, 16, 17, and 21-24 are pending in Instant Application.
Response to Arguments/Rejections
Applicant’s arguments, see Remarks filed 12/23/2025, with respect to the rejection(s) of claim(s) of pending application.
I. Claim Rejections under 35 U.S.C. § 101
Regarding claims 1-3, 5-9, 11-13, and 15-20 under 35 USC § 101 have been fully considered and persuasive. The claim(s) 1-3, 5-9, 11-13, and 15-20 under 35 USC § 101 has been withdrawn.
II. Claim Rejections under 35 U.S.C. § 103
Per remarks, Applicant states “Schmidt for general clearance detection, Urai for a "ground-facing sensor," and Enright for load height determination. However, this combination is driven not by a teaching in the art, but by the Applicant's own disclosure”, and “Urai does not teach using these sensors to monitor road conditions or ride height for clearance purposes. Enright cannot cure this deficiency, since Enright discloses a vision-based system that uses complex image processing (parallax) to estimate trailer height.”.
Examiner respectfully disagrees. The Applicant is reminded that the claims are given their broadest reasonable interpretation. First, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Schmidt uses a camera system that captures a ground plane (i.e. downward facing – capable of capturing the ground plane) to capture images of objects and then determines the height of the camera relative to a ground plane based upon the images. As the sensor of Schmidt captures a ground plane, it is ground-facing (i.e. sufficient for capturing ground information, per BRI) see Paragraph [0036], [0047].
The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. Therefore, Schmidt is maintained to teach the subject matter of claim.
Regarding, new claims 21-24, however, upon further consideration, a new ground(s) of rejection is made in view of Rider et al. (Pub. No .: US 2022/0358768).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-9, 11-13, and 15-16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al. (Pub . No .: US 2020/0156630, previously recorded), hereinafter, referred to as “Schmidt” in view of Rider et al. (Pub . No .: US 2022/0358768), hereinafter, referred to as “Rider”
Regarding [claim 1], Schmidt discloses a low clearance detection system for a vehicle (see at least Abstract; Paragraph [0019]: “The vehicle overhead collision detection and warning system (“collision warning system”) detects the height of the vehicle along with the height of any load of the vehicle and determines whether the vehicle and/or vehicle load would collide with an overhead obstacle in the path of the vehicle”), the system comprising: a first sensor (“a communication device 130a-b”), the first sensor configured to detect an object in front of the vehicle and generate an object clearance signal (see at least Paragraph [0031]: “The communication device 130a-b may include vehicle-to-infrastructure (V21 ) communication that communicates with a device connected to a roadway or traffic infrastructure (hereinafter, “infrastructure”) 108. The communication device 130a-b may include vehicle-to-vehicle (V2V) communication that communicates with another vehicle 102b that is in proximity to the vehicle 102a. The communication device 130a-b communicates V21 and/or V2V to obtain the height of overhead objects within proximity to the vehicle 102a in real-time, for example. In some implementations, the communication device 130a-b may communicate with any other object or device (V2X) to obtain the height of the overhead objects”); a second sensor (“sensors 126”), the second sensor configured to detect a load height of a load of the vehicle, and generate a load height signal (see at least Paragraph [0035]: “The one or more vehicle sensors 126 may include one or more height sensors and/or one or more weight sensors. The one or more height sensors may measure , detect or otherwise determine the vehicle height and / or the load height. The one or more height sensors may be positioned on the top of the vehicle 102a and measure the distance from the top of the vehicle 102 to the surface of the roadway that the vehicle 102a is traversing, for example. In another example, the one or more height sensors may measure or determine the height of a load that is connected to the vehicle 102a”); a third sensor (see, Paragraph [0036]: “The one or more vehicle sensors 126 may include a road condition sensor that may detect the road inclination or road obstacle. The road condition sensor may measure the height of the road” ***Examiner interprets the road condition sensor as the third sensor among the one or more sensors 126”***) configured to detect a distance between the third sensor to a ground surface and to generate a ground reference signal (see at least Paragraph [0032] road sensor; [0042]: “The vehicle load 104 may be a trailer, a container, a flat bed, a tow winch or other load or accessory connected or on the vehicle 102a. The vehicle 102a may use a vehicle sensor to determine the load height and/or may communicate with the vehicle load 104, such as a device on the vehicle load, to obtain the load height. The vehicle load 104 may include a load sensor 136. The load sensor 136 may measure, obtain or otherwise detect the height of the load relative to the surface of the roadway that the vehicle 102a is traversing. The load sensor 136 may provide the height to vehicle 102a to determine the overall height of the vehicle 102a”);
an electronic processor (see, “an electronic control unit (ECU) 112” and Paragraph [0027]: “The ECU 112 may be implemented as a single ECU or as multiple ECUs. The ECU 112 may be electrically coupled to some or all of the other components within the vehicle 102 a-b, such as the motor and/or generator 118, the engine 120, the battery 122, the battery management control unit (BMCU) 124, the memory 114, the network access device 116 a-b and/or one or more vehicle sensors 126. The ECU 112 may include one or more processors or controllers specifically designed for sensing, detecting, measuring and/or otherwise determining or obtaining the heights of an overhead object, the vehicle 102 a and/or the vehicle load 104. The ECU 112 may determine the heights and alert the driver or control another operation of the vehicle 102 a to warn the driver of the overhead object or avoid the overhead object. The ECU 112 may be coupled to a memory 114 and execute instructions that are stored on the memory 114”) configured to:
receive the object clearance signal from the first sensor (see, Paragraphs [0035]-[0037] “The various sensors, such as the one or more vehicle sensors 126a-b, the load sensor 136 and/or the infrastructure sensors 138 may use various technologies, such as infrared, radar, LIDAR, millimeter wave, or a camera to capture data to determine to heights of the overhead object, road object, vehicle and/or vehicle load, or to determine distances between objects. In some implementations, the various sensors communicate with one another to exchange the height or distance information”; and [0047]: “The collision warning system 100 obtains a height of the vehicle 102a and/or a height of the load on the vehicle 102a (202). The collision warning system 100 may obtain the vehicle height, Hvehicle, and/or the load height, HLoad) using the one or more vehicle sensors 126a and/or load sensors 136, respectively, and as shown in FIG. 3 for example. For example, a front camera may measure a height of the vehicle 102a and/or a height of an overhead object, and a rearward facing camera may measure a height of the load on the vehicle 102a…”),
receive the load height signal from the second sensor (Paragraphs [0035]-[0037] The various sensors, such as the one or more vehicle sensors 126a-b, the load sensor 136 and/or the infrastructure sensors 138 may use various technologies, such as infrared, radar, LIDAR, millimeter wave, or a camera to capture data to determine to heights of the overhead object, road object, vehicle and/or vehicle load, or to determine distances between objects. In some implementations, the various sensors communicate with one another to exchange the height or distance information; and [0047]: “The collision warning system 100 obtains a height of the vehicle 102a and/or a height of the load on the vehicle 102a (202). The collision warning system 100 may obtain the vehicle height, Hvehicle, and/or the load height, HLoad) using the one or more vehicle sensors 126a and/or load sensors 136, respectively, and as shown in FIG. 3 for example. For example, a front camera may measure a height of the vehicle 102a and/or a height of an overhead object, and a rearward facing camera may measure a height of the load on the vehicle 102a…”),
receive the ground reference signal from the third sensor (“The one or more vehicle sensors 126 may include a road condition sensor” ***Interpreting a road condition sensor the third sensor***), the third sensor (see, Paragraphs [0034]: “The roadway information may indicate one or more locations of surface road features, such as speed bumps and/or road inclines, which may affect the relative height between the surface of the roadway and an overhead object along with the height of the surface road feature, i.e., road feature height. The navigational map information may include other overhead object information, such as reported tree branches that are overhanging a roadway, and the corresponding height.”; and [0035]: “The one or more vehicle sensors 126 may include one or more height sensors and/or one or more weight sensors. The one or more height sensors may measure, detect or otherwise determine the vehicle height and/or the load height. The one or more height sensors may be positioned on the top of the vehicle 102a and measure the distance from the top of the vehicle 102 to the surface of the roadway that the vehicle 102a is traversing, for example. In another example, the one or more height sensors may measure or determine the height of a load that is connected to the vehicle 102a”; and [0036]: “The one or more vehicle sensors 126 may include a road condition sensor that may detect the road inclination or road obstacle. The road condition sensor may measure the height of the road obstacle and/or the rate of incline of the road inclination.”), the third sensor being a ground-facing sensor (see, Paragraph [0036]: “The one or more vehicle sensors 126 may include a road condition sensor that may detect the road inclination or road obstacle. The road condition sensor may measure the height of the road obstacle and/or the rate of incline of the road inclination.”; [0037] The various sensors, such as the one or more vehicle sensors 126a-b, the load sensor 136 and/or the infrastructure sensors 138 may use various technologies, such as infrared, radar, LIDAR, millimeter wave, or a camera to capture data to determine to heights of the overhead object, road object, vehicle and/or vehicle load, or to determine distances between objects. In some implementations, the various sensors communicate with one another to exchange the height or distance information; and [0047]),
determine an object clearance threshold based on the object clearance signal (see, Paragraph [0054] The collision warning system 100 determines whether the vehicle height and/or load height is less than a threshold height (210). The threshold height may be the object height or the lowest clearance height of the various object heights, i.e., the lowest clearance height is the lowest height along the length of the entire overhead object. [0059]: “the collision warning system 100 obtains multiple and/or various object heights, such as the object height within the tunnel or overpass 302 , Hobj_3 , for a single overhead object. The various object heights may represent different heights along a longitudinal length of the overhead object and may be different than the initial object height at the entrance. For example, the object height, Hobj_39 is different than the object height, Hobj_1, because of the road incline 308, and thus, the collision warning system 100 accounts for the road incline 308”.), determine a clearance height of the load based on the load height signal and the ground reference signal (see at least Paragraphs [0042]: “The vehicle 102a may use a vehicle sensor to determine the load height and/or may communicate with the vehicle load 104, such as a device on the vehicle load, to obtain the load height. The vehicle load 104 may include a load sensor 136. The load sensor 136 may measure, obtain or otherwise detect the height of the load relative to the surface of the roadway that the vehicle 102a is traversing. The load sensor 136 may provide the height to vehicle 102a to determine the overall height of the vehicle 102a”; and [0047]: “The collision warning system 100 obtains a height of the vehicle 102a and/or a height of the load on the vehicle 102a (202). The collision warning system 100 may obtain the vehicle height, H vehicle, and / or the load height, H Load) using the one or more vehicle sensors 126a and/or load sensors 136, respectively, and as shown in FIG. 3 for example. For example, a front camera may measure a height of the vehicle 102a and/or a height of an overhead object, and a rearward facing camera may measure a height of the load on the vehicle 102a. In some implementations, the collision warning system 100 may obtain the height from user input via the user interface 128. FIG. 4 further describes the process 400 of obtaining the vehicle height, the load height and/or the object height”; Paragraph [0054] The collision warning system 100 determines whether the vehicle height and/or load height is less than a threshold height (210). The threshold height may be the object height or the lowest clearance height of the various object heights, i.e., the lowest clearance height is the lowest height along the length of the entire overhead object. and [0058]: “obtains the corresponding height from an infrastructure sensor 138, such as by using V21 communication, or uses the one or more vehicle sensors 126a to detect or measure the object height. For example, the collision warning system 100 may measure or detect an initial object height, Hobj_19 at an entrance 304 of a tunnel or overpass 302, using the one or more vehicle sensors 126a or the load sensor 136, as shown in FIG.3. In another example, the vehicle 102a may use the communication device 130a to communicate with the vehicle 102b and obtain the object height. The vehicle 102b may be traveling in front of the vehicle 102a and provide the object height and location of the object to the vehicle 102a using V2V communication, for example”),,
determine a change over time in the clearance height of the load with respect to the ground reference signal (see, Figure 3; Paragraphs Paragraph [0054] The collision warning system 100 determines whether the vehicle height and/or load height is less than a threshold height (210). The threshold height may be the object height or the lowest clearance height of the various object heights, i.e., the lowest clearance height is the lowest height along the length of the entire overhead object.; [0059]: “the collision warning system 100 obtains multiple and/or various object heights, such as the object height within the tunnel or overpass 302, Hobj_3 , for a single overhead object. The various object heights may represent different heights along a longitudinal length of the overhead object and may be different than the initial object height at the entrance. For example, the object height, Hobj_39 is different than the object height , Hobj_1, because of the road incline 308, and thus, the collision warning system 100 accounts for the road incline 308.”; and [0068]: “the collision warning system 100 more accurately calculates the clearance between the vehicle and/or load height and the object height. Moreover, the collision warning system 100 to use real-time up-to-date information in the height calculations to correct or adjust for any anomalies or changes in status of the heights.”),
determine a dynamic vertical safety threshold ([0054] “the threshold height may include a safety margin”) based upon the change over time in the clearance height of the load with respect to the ground reference signal (See [0059] above), modify the object clearance threshold based on the dynamic vertical safety threshold (see, Paragraph [0054]-[0055]; [0061]; [0068]: “The collision warning system 100 may, similarly, use the user input of the load height, the measured and/or detected load height, the communicated load height and/or combination of the various load heights to determine the load height (416). The collision warning system 100 may compare the various obtained load heights and determine if they various obtained load heights are within a threshold deviation, such as a deviation less than 5 %. If the various obtained load heights are within the threshold deviation, the collision warning system 100 may use the greater or an average of the obtained various load heights. By comparing multiple sources and/or multiple values of the object height, the vehicle height and/or the load height, the collision warning system 100 more accurately calculates the clearance between the vehicle and/or load height and the object height. Moreover, the collision warning system 100 to use real-time up-to-date information in the height calculations to correct or adjust for any anomalies or changes in status of the heights.”; and [0071]: “When the collision warning system 100 determines that the vehicle height and / or the load height is greater than or equal to the threshold height , such as the object height or an object height with a safety margin of an approaching object , the collision warning system 100 may control the operation of the vehicle 102a based on relative distance between the current location of the vehicle 102a and the location of the approaching object.”),
modify the object clearance threshold based on the dynamic vertical safety threshold (see, Paragraphs [0061]: “The collision warning system 100 may adjust the object height based on a height of a surface object 306”; [0062]; [0068]: “If the various obtained load heights are within the threshold deviation , the collision warning system 100 may use the greater or an average of the obtained various load heights. By comparing multiple sources and/or multiple values of the object height, the vehicle height and/or the load height, the collision warning system 100 more accurately calculates the clearance between the vehicle and / or load height and the object height. Moreover, the collision warning system 100 to use real-time up-to-date information in the height calculations to correct or adjust for any anomalies or changes in status of the heights .”),
compare the modified object clearance threshold to the clearance height of the load (see, Paragraph [0064]: “the measured and/or detected vehicle height and/or a combination of both to determine the vehicle height (410). The collision warning system 100 may compare the user input of the vehicle height with the measured and/or detected vehicle height, and if the user inputted vehicle height and the measured and/or detected vehicle are within a threshold deviation, such as a deviation less than 5 %, the collision warning system 100 may use the greater of or an average of the user-inputted vehicle height and the measured and/or detected vehicle height as the vehicle height”),
determine a load collision condition when the clearance height of the load exceeds the modified object clearance threshold (see, Paragraph [0066]-[0068]);
in response to the change in the clearance height of the load with respect to the ground reference signal (see, Paragraph [0060]: “The collision warning system 100 may determine a lowest clearance height by using the object height that is the least or lowest, which may represent the lowest clearance height between the surface of the roadway and the overhead object at any point.”; and [0061]: “The collision warning system 100 may adjust the object height based on a height of a surface object 306 and/or weather information (406). The collision warning system 100 may detect or determine that there is a surface object 306 within the path of the vehicle 102 a when the vehicle 102 a traverses through the overhead object and further base the object height on the height of the surface object 306 The collision warning system 100 may determine the location of the surface object 306 from the navigational map information and/or use the vehicle sensors 126 a to detect the surface object 306. The collision warning system 100 determines the relative object height, Hobj_2, based on the surface object height and the relative height between the overhead object and surface of the roadway and may provide for an additional safety margin to accommodate an unexpected vehicle reaction, such as a vehicle 102 a slightly jumping up from the road surface.”; and [0063]-[0064]), control a vehicle system (see, Paragraph [0069] and [0071]: “When the collision warning system 100 determines that the vehicle height and / or the load height is greater than or equal to the threshold height , such as the object height or an object height with a safety margin of an approaching object , the collision warning system 100 may control the operation of the vehicle 102a based on relative distance between the current location of the vehicle 102a and the location of the approaching object.”), and
in response to determining the load collision condition, control the vehicle system (see, Paragraphs [0055]: [0069]: “The collision warning system 100 uses the vehicle height, load height and object height to warn the driver or otherwise control the vehicle 102a, as described in FIG. 5 (418).”; and [0071]: “When the collision warning system 100 determines that the vehicle height and/or the load height is greater than or equal to the threshold height, such as the object height or an object height with a safety margin of an approaching object, the collision warning system 100 may control the operation of the vehicle 102a based on relative distance between the current location of the vehicle 102a and the location of the approaching object. The collision warning system 100 may calculate or determine the relative distance between the current location of the vehicle 102a and/or the location of the approaching object (502)”; and [0078]),
wherein the vehicle system includes a vehicle braking system (see, Paragraph [0026]: “The collision warning system 100 may couple, connect to, and/or include one or more vehicle components such as the motor and/or generator 118, the engine 120, the battery 122, brake 134”; and [0041]: “The one or more vehicle components may include the brake 134. The brake 134 may be depressed to reduce or slow the speed of the vehicle 102 a. The brake 134 may be used to stop the vehicle 102 a to avoid colliding with an overhead object, for example.”).
As Schmidt disclosing collision warning system, where the control unit is configured to determine that the vehicle is approaching the object. The electronic control unit is configured to control an operation of the vehicle to indicate that the height of the vehicle or the height of load on the vehicle is within the threshold height, and where the one or more vehicle sensors may include a road condition sensor that may detect the road inclination or road obstacle. The road condition sensor may measure the height of the road obstacle and/or the rate of incline of the road inclination (***road condition***),
Also, Schmidt teaches that roadway information may indicate one or more locations of surface road features, such as speed bumps and/or road inclines, which may affect the relative height between the surface of the roadway and an overhead object along with the height of the surface road feature as the vehicle traverse the roadway and a ground-facing sensor for facilitating this form of determination.
Additionally, Rider, teaches
determine a dynamic vertical safety threshold based upon the change over time in the clearance height of the load with respect to the ground reference signal, modify the object clearance threshold based on the dynamic vertical safety threshold (see, Abstract, Figures 1-8; Paragraphs [0061]: “The collision threat may be predicted when the distance from ground 235 is equal to or less than a safety height associated with the vehicle 100, as described exemplarily above. In an example, the collision threat may be predicted when the distance from ground 235 is equal to or less than the maximum height 115 of the vehicle 100, as described exemplarily above. In some aspects, the safety operation may include reducing an inflation pressure of one or more tires 100t of the vehicle 100 (see FIG. 2A) to reduce the maximum height 115 of the vehicle. In this case, the vehicle 100 may include at least an inflation pressure control device configured to determine the inflation pressure of a respective tire of the vehicle 100 and to control (e.g. to open) a valve of the tire to reduce the inflation pressure to a predefined threshold.”; and [0072]-[0075]: “In 670, the (current) maximum height of the vehicle 100 may be provided for the operation 640. Therefore, height data may be obtained from another sensor and/or algorithm. The height data may be, for example, stored in a memory and provided from the memory to the one or more processors 120 to carry out the operation 640.”);
modify the object clearance threshold based on the dynamic vertical safety threshold (see, Paragraphs [0072]-[0075]: “In 670, the (current) maximum height of the vehicle 100 may be provided for the operation 640. Therefore, height data may be obtained from another sensor and/or algorithm. The height data may be, for example, stored in a memory and provided from the memory to the one or more processors 120 to carry out the operation 640.”),
…
in response to the change in the clearance height of the load with respect to the ground reference signal, control a vehicle system (see, Paragraphs [0079]-[0086]), and
in response to determining the load collision condition, control the vehicle system, wherein the vehicle system includes a vehicle braking system (see, Paragraph [0034]; [0061]; and [0099]).
***Examiner notes that the trigger a safety operation when the clearance height is equal to or less than a safety height associated with the vehicle is interpreted as the dynamic vertical safety threshold. The collision avoidance system of example 50 may be configured in as similar way as described in any one of examples 42 to 46 with reference to the vehicle 100 (see, Paragraph [0133]). Additionally, it should be understood by those skilled in the art that various changes in form and detail may be made therein without departing from the spirit and scope of the disclosure as defined by the appended claims. The scope of the disclosure is thus indicated by the appended claims and all changes which come within the meaning and range of equivalency of the claims***
As Rider contributes to the scope of subject matter, where the system is provided that may prevent damage during driving, e.g., to prevent a collision of an obstacle (e.g., of an overpass, a tunnel, a wire, a traffic light, a traffic sign, etc.) with the vehicle, with an attachment part of the vehicle (e.g., a bicycle carrier on the roof of the vehicle, a roof box, etc.) , and/or with a cargo of the vehicle.
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement the vehicle with a structure having a clearance height less than the height of the vehicle as taught by Rider. One would be motivated to make this modification in order to convey that the collision avoidance system described herein may be connected with other safety systems within the vehicle, e.g., the vehicle may be stopped automatically in a safe manner to avoid the collision (e.g. as part of an autonomous vehicle control) (see, Paragraph [0034]).
As to [claim 3], Schmidt in view of Rider teaches the system of claim 1. Schmidt discloses wherein the vehicle system is an infotainment system (see at least Paragraph [0039]: “The collision warning system 100 may include a user interface 128. The collision warning system 100 may display one or more notifications on the user interface 128. The one or more notifications on the user interface 128 may notify or warn the driver of the vehicle 102a of an oncoming overhead object. The user interface 128 may include an input/output device that receives user input, such as a user interface element, a button, a dial, a microphone, a keyboard, or a touch screen, and/or provides output, such as a display, a speaker, an audio and/or visual indicator, or a refreshable braille display. The user interface 128 may receive user input that may include height information, such as the vehicle height, the object height or the load height, for example”).
As to [claim 4], Schmidt in view of Rider teaches the system of claim 1. Schmidt discloses wherein the electronic processor is further configured to:
receive, from the first sensor, a distance between the vehicle and an object in front of the vehicle, receive a speed of the vehicle, determine a driver braking response threshold based upon the distance between the vehicle and the object in front of the vehicle and the speed of the vehicle, control a warning display system of the vehicle in response to the determination that the driver braking response threshold has been exceeded (see at least Paragraphs [0071]: “The collision warning system 100 may calculate or determine the relative distance between the current location of the vehicle 102a and/or the location of the approaching object (502). The collision warning system 100 obtains the current location and/or the location of the approaching object, as described above, and may calculate the difference in distance between the current location and the location of the approaching object”; [0076]: “If the collision warning system 100 determines that the distance between the current location and the location of the approaching object is less than the first threshold distance and less than the second threshold distance but greater than the third threshold distance, the collision warning system 100 may disable the first operation of the vehicle 102a and may control a second operation of the vehicle 102a (508)” and [0078]: “If the collision warning system 100 determines that the distance between the current location and the location of the approaching object is less than the third threshold distance, the collision warning system 100 may disable the first and second operation of the vehicle 102a and may control a third operation of the vehicle 102a (512). For example, the collision warning system 100 may initiate the brakes 134 to stop or reduce the speed of the vehicle 102a to prevent a collision with the overhead object or provide more time for the driver to avoid the overhead object”); and control a vehicle braking system in response to the determination that the driver braking response threshold has been exceeded (see at least Paragraph [0020]: “Other benefits and advantages include the capability to control other operations of the vehicle to avoid a collision with the overhead object. The collision warning system may control other operations of the vehicle to avoid collision with the overhead object . Different operations may also be performed based on the position of the overhead object . If the overhead object occupies a single lane, the collision warning system may shift the vehicle to an adjacent lane instead of braking , for example. In another example, the collision warning system may apply the brakes to stop the vehicle from colliding with the overhead object if the overhead obstacle occupies all the lanes”).
As to [claim 5], Schmidt in view of Rider teaches the system of claim 1. Schmidt discloses the system further comprising a fourth sensor configured to detect a distance between the fourth sensor to a second ground surface (see at least Paragraph [0066]: “the one or more load sensors 136 may be positioned at the top of the load and measure the height to the surface of the roadway”) and to generate a second ground reference signal (see at least Paragraph [0042]: “The vehicle load 104 may include a load sensor 136. The load sensor 136 may measure, obtain or otherwise detect the height of the load relative to the surface of the roadway that the vehicle 102a is traversing. The load sensor 136 may provide the height to vehicle 102a to determine the overall height of the vehicle 102a”); wherein the fourth sensor is placed at a different location on the load of the vehicle from the placement location of the third sensor (see at least Paragraph [0034]: “The roadway information may indicate one or more locations of surface road features, such as speed bumps and/or road inclines, which may affect the relative height between the surface of the roadway and an overhead object along with the height of the surface road feature, i.e., road feature height”).
As to [claim 6], Schmidt in view of Rider teaches the system of claim 5. Schmidt further discloses wherein the electronic processor is further configured to determine a clearance height of the load based on the load height signal, a first ground reference signal generated by the third sensor and a second ground reference signal generated by the fourth sensor (see at least Paragraph [0069]: “The collision warning system 100 uses the vehicle height, load height and object height to warn the driver or otherwise control the vehicle 102a , as described in FIG . 5 ( 418 ) . The collision warning system 100 may provide the object height and corresponding location to another vehicle 102b, to the external database 106 and /or to a service provider, such as city services (420). By providing the object height to other vehicles and / or to the external database 106, other vehicles 102b may obtain and use the object height in alerting a driver or controlling an operation of the vehicle 102b”) .
Regarding [claim 7], recites analogous limitations that are present in claim 1, therefore claim 7 would be rejected for the same/similar premise above.
As to [claim 9], recites analogous limitations that are present in claim 3, therefore claim 9 would be rejected for the same/similar premise above.
As to [claim 10], recites analogous limitations that are present in claim 4, therefore claim 10 would be rejected for the same/similar premise above.
As to [claim 11], recites analogous limitations that are present in claim 4, therefore claim 11 would be rejected for the same/similar premise above.
As to [claim 12], recites analogous limitations that are present in claim 5, therefore claim 12 would be rejected for the same/similar premise above.
As to [claim 13], recites analogous limitations that are present in claim 1, therefore claim 13 would be rejected for the same/similar premise above.
As to [claim 14], recites analogous limitations that are present in claim 4, therefore claim 14 would be rejected for the same/similar premise above.
As to [claim 16], Schmidt in view of Rider teaches the method of claim 13. Schmidt discloses wherein the ground reference data includes data indicating at least one ground surface condition selected from a group consisting of road surface conditions, road roughness, an uneven road, and potholes (see at least Paragraph [0034]: “The roadway information may indicate one or more locations of surface road features, such as speed bumps and/or road inclines, which may affect the relative height between the surface of the roadway and an overhead object along with the height of the surface road feature, i.e., road feature height” and [0036]: “The one or more vehicle sensors 126 may include a road condition sensor that may detect the road inclination or road obstacle. The road condition sensor may measure the height of the road obstacle and/or the rate of incline of the road inclination” and [0044]: “The external database 106 may be updated and/or provide updates in real-time. The external database 106 may store and/or provide overhead object information, such as the locations of one or more tree branches or other non-persistent overhead objects and/or the locations of the non-persistent overhead objects. The external database 106 store and/or provide weather information including the temperature, weather, road conditions, amount of precipitation and/or other weather factors that may affect the relative height between the surface of a roadway and the object height”).
As to [claim 21], Schmidt in view of Rider teaches the system of claim 1. Rider teaches wherein the electronic processor (“the vehicle 100 may include one or more processors 120.”) is further configured to:
calculate a standard deviation of the load height signal over a period of time (see, Paragraph [0042]-[0043]: “one or more image sensors (e.g. one or more cameras). Further, the vehicle 100 may include one or more processors 120. The one or more processors 120 may be part of a computing system , e.g. of a head unit or a central computer of the vehicle 100”)
and wherein determining the dynamic vertical safety threshold includes determining that a road condition is uneven when the standard deviation exceeds a predetermined threshold (see, Figure 6A; Paragraphs [0072]-[0073]; and [0096]-[0098]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement the vehicle with a structure having a clearance height less than the height of the vehicle as taught by Rider. One would be motivated to make this modification in order to convey that the collision avoidance system described herein may be connected with other safety systems within the vehicle, e.g., the vehicle may be stopped automatically in a safe manner to avoid the collision (e.g. as part of an autonomous vehicle control) (see, Paragraph [0034]).
As to [claim 22]. Schmidt in view of Rider teaches the system of claim 1. As Schmidt discloses in Paragraph [0047]: “a front camera may measure a height of the vehicle 102 a and/or a height of an overhead object, and a rearward facing camera may measure a height of the load on the vehicle 102a”; and [0063]: “The collision warning system 100 may obtain the heights of the vehicle 102 a using one or more vehicle sensors 126 a. The one or more vehicle sensors 126 a may be a height sensor positioned at the top of the vehicle 102 a and measures the distance or height from the top of the vehicle 102a to the surface of the roadway.”).
Additionally, Rider teaches
wherein the third sensor is mounted at a top-front location of the load (see, Figure 2A, Paragraph [0036]: “a collision avoidance function may be implemented via one or more on-board components of the vehicle, such as a front camera”; and [0043]-[0044]), and wherein the system further comprises a fourth sensor mounted at a top-rear location of the load configured to generate a second ground reference signal (see, Paragraph [0043]-[0044]).
As Schmidt disclose a one or more sensors, mounted at a top-rear location of the load, as interpreted by Examiner. Therefore, in combination, the claim limitation would be indicated and meet by the combination of reference cited.
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement the vehicle with a structure having a clearance height less than the height of the vehicle as taught by Rider. One would be motivated to make this modification in order to convey that the collision avoidance system described herein may be connected with other safety systems within the vehicle, e.g., the vehicle may be stopped automatically in a safe manner to avoid the collision (e.g. as part of an autonomous vehicle control) (see, Paragraph [0034]).
As to [claim 23]. Schmidt in view of Rider teaches the system of claim 1. Rider teaches wherein the electronic processor is configured to:
control a display to output a first warning when the clearance height is within a first threshold of the object clearance threshold, and control the display output a second warning when the clearance height is within a second threshold of the object clearance threshold, the second threshold being smaller than the first threshold (see, Paragraphs [0033]; [0060]; [0076]: “As illustrated in FIG. 6B, the safety operation 660 that may be triggered may include: in 660a, determining (e.g. calculating) an impact time based on the velocity of the vehicle 100 and the determined obstacle range; and, in 660b, displaying the impact time to a driver of the vehicle 100”-[0078]: “Optionally, after displaying the impact time , the operation for the respective frame may end and a new frame ( or a new cycle ) may be started in 690 beginning with operation 610.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement the vehicle with a structure having a clearance height less than the height of the vehicle as taught by Rider. One would be motivated to make this modification in order to convey that the collision avoidance system described herein may be connected with other safety systems within the vehicle, e.g., the vehicle may be stopped automatically in a safe manner to avoid the collision (e.g. as part of an autonomous vehicle control) (see, Paragraph [0034]).
As to [claim 24] Schmidt in view of Rider teaches the method of claim 13. Rider teaches further comprising:
receiving, via the controller, a speed of the vehicle; determining a time-to-collision based on the speed of the vehicle and a distance to the object (see, “determining ( e.g. calculating ) an impact time based on the velocity of the vehicle 100 and the determined obstacle range”); determining, via the controller, whether the time-to-collision is sufficient for a driver braking response; and initiating, via the controller, a braking maneuver only when the time-to-collision is determined to be insufficient for the driver braking response (see, Paragraphs [0076]-[0079]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement the vehicle with a structure having a clearance height less than the height of the vehicle as taught by Rider. One would be motivated to make this modification in order to convey that the collision avoidance system described herein may be connected with other safety systems within the vehicle, e.g., the vehicle may be stopped automatically in a safe manner to avoid the collision (e.g. as part of an autonomous vehicle control) (see, Paragraph [0034]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Rider, and in view of Beckman et al. (US-20200180574; previous recorded), hereinafter, referred to as “Beckman”.
As to [claim 17], Schmidt in view of Rider teaches the method of claim 13. Schmidt mention wherein the object clearance threshold (see at least Paragraph [0054]: “The collision warning system 100 determines whether the vehicle height and/or load height is less than a threshold height (210). The threshold height may be the object height or the lowest clearance height of the various object heights, i.e., the lowest clearance height is the lowest height along the length of the entire overhead object. In some implementations, the threshold height may include a safety margin, such that there is a minimum clearance between the vehicle height and/or the load height with the lowest clearance height. The safety margin may be approximately between 1 to 2 feet, which allows other objects, such as a light, to be installed underneath the overhead object” and [0060]: “The collision warning system 100 may adjust the object height based on a height of a surface object 306”)…
However, in addition and/or in the alternative, Beckman teaches
wherein the object clearance threshold is modified by increasing the vertical safety distance threshold (see at least Paragraph [0030]: “the controller 110 determines an adjusted obstruction vertical clearance CA based on the determined vertical clearance C. The vertical clearance CA is the obstruction vertical clearance C minus a predefined clearance value, which gives the vehicle-attachment system 100 extra clearance to accommodate for road bumps or other factors. The adjusted obstruction vertical clearance CA is less than the obstruction vertical clearance C. The controller 110 may use the adjusted obstruction vertical clearance CA instead of the determined obstruction vertical clearance C when determining if the vehicle-attachment system 100 can pass under the obstruction 10”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to further modify by incorporating the object clearance threshold is modified by increasing the vertical safety distance threshold as taught by Beckman, and combining the method as taught by Schmidt. One would be motivated to make this modification in order to provide a vehicle-attachment system that improves driver safety while driving a tow vehicle having an attachment, especially when driving in a parking garage or under an overpass (see at least Paragraph [0004]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/B.U./Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663