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 .
This is a Non-final Office Action on the merits. Claims 1, 4, 7, 9-10, and 12-15 are currently pending and are addressed below.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/26/2026 has been entered.
Response to Arguments
Applicant’s arguments filed on pages 8-11 of the response, with respect to the rejection(s) of claim(s) 1 and 3-12 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Tamagaki.
Claim Objections
Claims 1, 7, and 10 objected to because of the following informalities:
Claims 1, 7, and 10 recite “determine whether a predetermined actuator is operated during the driving assistance control, the predetermined actuator operating a vehicle stop holding device that holds the host vehicle in a stop state without requiring braking force of the driver is operated”, in which the underlined portion appears to be grammatically incorrect due to a comma splice.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 12, and 14 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the follow-up traveling control" in lines 25 and 30-31. There is insufficient antecedent basis for this limitation in the claim.
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, 4, 7, 9-10, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamagaki of US 20200148214 A1, published 05/14/2020, hereinafter “Tamagaki”, in view of Etori of US 20060265115 A1, filed 05/19/2006, hereinafter “Etori”.
Regarding claim 1, Tamagaki teaches:
A vehicle control device that executes driving assistance control for assisting driving of a host vehicle by a driver, (See at least [0069]: “The vehicle control ECU 70 has a plurality of driving assistance functions for providing assistance to the driver's driving manipulations or performing the driving manipulations instead of the driver by controlling, for example, the driving force, braking force, and steering force of the vehicle A.”)
the vehicle control device comprising: a memory comprising instructions; and at least one processor operatively coupled to the memory and configured to execute the one or more instructions stored in memory, (See at least [0067]: “The vehicle control ECU 70 includes a control circuit 70a, which includes a main processor 71, a rewritable nonvolatile memory 73, an input/output interface 74 for inputting and outputting information, and a bus for connecting them.”)
wherein the one or more instructions, when executed by the at least one processor, cause the vehicle control device to: during executing the driving assistance control, determine, based on an image of the driver, whether the driver is in an abnormal state of having a problem in driving the host vehicle, (See at least [0062]: “The DSM 11 uses the near-infrared camera to capture an image of the face of the driver that is irradiated with near-infrared light emitted from the near-infrared light source. The image captured by the near-infrared camera is analyzed by the control unit. The control unit extracts, from the captured image, for example, the orientation of the face of the driver and the degree of opening of the eyes of the driver. If the analysis made by the control unit detects a state where, for example, the driver is not facing forward or the driver's eyes are closed, the DSM 11 outputs a detection signal indicative of driver abnormality to the HCU 20” & [0133]: “In S107, it is determined whether the driver is abnormal, as is the case with S105. If a driver abnormality is not continuously detected for a period of longer than the second threshold period of time TH2, processing returns to S101. By contrast, if the driver abnormality is continuously detected for a period of longer than the second threshold period of time TH2, it is formally determined in S107 that the driver is abnormal (T4 of FIG. 4). Processing proceeds to S108.”)
based on a determination the driver is in the abnormal state, execute, during execution of the driving assistance control, abnormality countermeasure control to autonomously control operation of the host vehicle based on sensor information received from one or more sensors of the host vehicle such that the abnormality countermeasure control is executed simultaneously with the driving assistance control, (See at least Fig. 17, [0129]: “In S103, it is determined whether the driving assistance functions are activated. If the LKA and the ACC are both activated, processing proceeds to S107” & [0135]: “In S111, it is determined whether the condition for switching to automatic evacuation control is established. If the “YES” button of the steering switch 15a is manipulated in S111 to cancel switching to automatic evacuation control, processing returns to S101. By contrast, if the “NO” button of the steering switch 15a is manipulated to permit switching to automatic evacuation control or the steering switch 15a is not manipulated for a period equivalent to the response time AT, processing proceeds to S112. In S112, automatic evacuation control is initiated to terminate the series of processes.”)
NOTE: Claim 1 recites the following intended use limitation: “…to autonomously control operation of the host vehicle based on sensor information received from one or more sensors of the host vehicle such that the abnormality countermeasure control is executed simultaneously with the driving assistance control…”. This limitation is not positively recited, and is instead recited as intended use since it recites an intended result for “based on a determination the driver is in the abnormal state, execute, during execution of the driving assistance control, abnormality countermeasure control”. Therefore, the BRI of claim 1 does not require the aforementioned intended use limitation.
the driving assistance control including one or more of (i) follow-up traveling control to automatically perform acceleration and deceleration of the host vehicle such that the host vehicle travels to follow up a preceding vehicle, (ii) lane keeping control to assist a steering operation by the driver on the host vehicle such that the host vehicle travels within a lane, or (iii) simultaneous execution of the follow-up traveling control and the lane keeping control, (See at least [0069]: “The vehicle control ECU 70 activates the driving assistance functions based on a driver's input to the steering switch 15a. For the sake of convenience, the subsequent description assumes that the cruise control function is referred to as ACC (Adaptive Cruise Control), and that the lane departure prevention function is referred to as LKA (Lane Keeping Assist)” & [0172]: “Furthermore, the LKA and the ACC may be activated at substantially the same time.”)
NOTE: Claim 1 recites the following intended use limitations: “…to automatically perform acceleration and deceleration of the host vehicle such that the host vehicle travels to follow up a preceding vehicle…” and “…to assist a steering operation by the driver on the host vehicle such that the host vehicle travels within a lane…”. These limitations are not positively recited, and are instead recited as intended use since it recites an intended result of performing follow-up traveling control and lane keeping control. Therefore, the BRI of claim 1 does not require the aforementioned intended use limitations.
determine whether a vehicle stop holding device that holds the host vehicle in a stop state (See at least [0064]: “The vehicle control system 60 includes manipulation detection sensors, such as an accelerator position sensor 61, a brake pedal pressure sensor 62, and a steering torque sensor 63, and a vehicle speed sensor 64 for detecting the traveling state of the vehicle A” & [0076]: “A manipulation reception section 88, which is referred to also as the manipulation receiver 88, is capable of receiving a driving manipulation by the driver based on manipulating signals outputted from the sensors 61-63.”)
based on a determination that the vehicle stop holding device is operated and a determination the abnormality countermeasure control is not being executed, stop the driving assistance control, and (See at least [0076]: “During the interval between the initiation of pre-evacuation control and the initiation of automatic evacuation control, the manipulation reception section 88 receives a driving manipulation by the driver. After the start of automatic evacuation control, however, the manipulation reception section 88 prohibits the reception of a driving manipulation by the driver” & [0083]: “More specifically, the assistance control section 83 activates the LKA based on a tentative determination that is made before the formal determination of an abnormal state. Based on the formal determination of the abnormal state, the assistance control section 83 activates the ACC as an assistance function different from the LKA. The assistance control section 83 stops exercising driving assistance control if the manipulation reception section 88 receives a driving manipulation after the initiation of driving assistance control.”)
based on the determination that the vehicle stop holding device is operated and a determination the abnormality countermeasure control to autonomously control operation of the host vehicle is being executed, simultaneously execute the driving assistance control and the abnormality countermeasure control without stopping the host vehicle. (See at least [0094]: “Upon completion of setup of the evacuation spot and movement path (T7), the vehicle control ECU 70 switches to a movement process under automatic evacuation control. The movement process is performed to move the vehicle A along the planned travel path. If necessary, the vehicle A is moved to an adjacent lane in the movement process…Upon completion of the lane change to the lane adjacent to the road strip or the road shoulder, the vehicle control ECU 70 moderately decelerates the vehicle A to a speed at which the vehicle A can easily be stopped (T9)…In this vehicle deceleration control also, the ACC may be used,” [0112]: “Additionally, after the conclusive determination of the driving difficulty state (see T6 in FIG. 7), the CID 13 and the combination meter 12 may continue displaying the indicator 41a indicative of the activation of the LKA and the indicator 41b indicative of the activation of the ACC. A reason for this display control is that the vehicle A travels in the currently-traveling lane for a while after the automatic evacuation control is initiated” & [0153]: “Additionally, the first embodiment prohibits an override after the initiation of automatic evacuation control. Therefore, even when the driver in the driving difficulty state unintentionally performs a steering or other manipulating procedure, the vehicle A can be prevented from traveling in an unstable manner. Consequently, automatic evacuation control is exercised to certainly stop the vehicle A without being interrupted by a wrong manipulating procedure.”)
NOTE: In view of [0086] & [0090] of the instant specification, which recites switching “the abnormality countermeasure traveling control from the slow deceleration processing to vehicle stop deceleration processing”, where the slow deceleration processing “decelerates the host vehicle 100 at the first deceleration GD1” and the vehicle stop deceleration processing “is processing of decelerating the host vehicle 100 at a comparatively large deceleration (second deceleration GD2) to stop the host vehicle 100”, Examiner interprets the limitation “simultaneously execute the driving assistance control and the abnormality countermeasure control without stopping the host vehicle” to encompass deceleration that occurs prior to stopping.
Tamagaki does not explicitly teach:
…without requiring a braking force of the driver…
Etori teaches:
…without requiring a braking force of the driver… (See at least [0005]: “…a judgment device that determines whether a stop-holding device operable to automatically maintain a stopped state is in one of an enabled state and a disabled state once the vehicle is stopped…” & [0024]: “…When the automatic stop-holding system is ON, and the driver steps on the brake pedal to stop the vehicle, controller 20 turns ON EPKB 9. EPKB 9 operates independently of turning ON of EPKB switch 8 by the driver. As a result, even if the driver does not step on the brake pedal, the stopped state of the vehicle still can be maintained…”) One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to apply the teachings of Tamagaki using Etori’s vehicle stop holding device that holds the host vehicle in a stop state without requiring a braking force of the driver. Doing so would be obvious to “perform control for following the preceding vehicle appropriately corresponding to the state of the stop-holding device” (See [0007] of Etori).
Regarding claim 4, Tamagaki and Etori in combination teach all the limitations of claim 1 as discussed above.
Tamagaki additionally teaches:
wherein the abnormality countermeasure control includes an abnormality alarm control to indicate that the driver is in the abnormal state. (See at least Fig. 14 & [0115]: “The message image 153 uses text to provide guidance information about the current traveling of the vehicle under automatic evacuation control and a responsive action to be taken with respect to currently exercised automatic evacuation control. More specifically, the message image 153 includes, for example, a message saying “TRAVELING FOR EVACUATION” and a manipulating procedure for stopping automatic evacuation control.”)
NOTE: Claim 4 recites the following intended use limitation: “…to indicate that the driver is in the abnormal state”. These limitations are not positively recited, and are instead recited as intended use since it recites an intended result of including an -abnormality alarm control. Therefore, the BRI of claim 4 does not require the aforementioned intended use limitation.
Regarding claim 7, Tamagaki teaches:
A vehicle control device that executes driving assistance control for assisting driving of a host vehicle by a driver, (See at least [0069]: “The vehicle control ECU 70 has a plurality of driving assistance functions for providing assistance to the driver's driving manipulations or performing the driving manipulations instead of the driver by controlling, for example, the driving force, braking force, and steering force of the vehicle A.”)
the vehicle control device comprising: a memory comprising instructions; and at least one processor operatively coupled to the memory and configured to execute the one or more instructions stored in memory, (See at least [0067]: “The vehicle control ECU 70 includes a control circuit 70a, which includes a main processor 71, a rewritable nonvolatile memory 73, an input/output interface 74 for inputting and outputting information, and a bus for connecting them.”)
wherein the one or more instructions, when executed by the at least one processor, cause the vehicle control device to: execute the driving assistance control that includes follow-up traveling control to automatically perform acceleration and deceleration of the host vehicle such that the host vehicle travels to follow up and maintain a predetermined distance with a preceding vehicle; (See at least [0069]: “The vehicle control ECU 70 activates the driving assistance functions based on a driver's input to the steering switch 15a. For the sake of convenience, the subsequent description assumes that the cruise control function is referred to as ACC (Adaptive Cruise Control), and that the lane departure prevention function is referred to as LKA (Lane Keeping Assist)” & [0172]: “Furthermore, the LKA and the ACC may be activated at substantially the same time.”)
NOTE: Claim 7 recites the following intended use limitation: “…to automatically perform acceleration and deceleration of the host vehicle such that the host vehicle travels to follow up and maintain a predetermined distance with a preceding vehicle…”. This limitation is not positively recited, and is instead recited as intended use since it recites an intended result for “execute the driving assistance control that includes follow-up traveling control”. Therefore, the BRI of claim 7 does not require the aforementioned intended use limitation.
during executing the driving assistance control, determine, based on an image of the driver, whether the driver is in an abnormal state of having a problem in driving the host vehicle; (See at least [0062]: “The DSM 11 uses the near-infrared camera to capture an image of the face of the driver that is irradiated with near-infrared light emitted from the near-infrared light source. The image captured by the near-infrared camera is analyzed by the control unit. The control unit extracts, from the captured image, for example, the orientation of the face of the driver and the degree of opening of the eyes of the driver. If the analysis made by the control unit detects a state where, for example, the driver is not facing forward or the driver's eyes are closed, the DSM 11 outputs a detection signal indicative of driver abnormality to the HCU 20” & [0133]: “In S107, it is determined whether the driver is abnormal, as is the case with S105. If a driver abnormality is not continuously detected for a period of longer than the second threshold period of time TH2, processing returns to S101. By contrast, if the driver abnormality is continuously detected for a period of longer than the second threshold period of time TH2, it is formally determined in S107 that the driver is abnormal (T4 of FIG. 4). Processing proceeds to S108.”)
based on a determination the driver is in the abnormal state, execute, during execution of the driving assistance control, abnormality countermeasure control to autonomously control operation of the host vehicle based on sensor information received from one or more sensors of the host vehicle such that the abnormality countermeasure control is executed simultaneously with the driving assistance control; (See at least Fig. 17, [0129]: “In S103, it is determined whether the driving assistance functions are activated. If the LKA and the ACC are both activated, processing proceeds to S107” & [0135]: “In S111, it is determined whether the condition for switching to automatic evacuation control is established. If the “YES” button of the steering switch 15a is manipulated in S111 to cancel switching to automatic evacuation control, processing returns to S101. By contrast, if the “NO” button of the steering switch 15a is manipulated to permit switching to automatic evacuation control or the steering switch 15a is not manipulated for a period equivalent to the response time AT, processing proceeds to S112. In S112, automatic evacuation control is initiated to terminate the series of processes.”)
NOTE: Claim 7 recites the following intended use limitation: “…to autonomously control operation of the host vehicle based on sensor information received from one or more sensors of the host vehicle such that the abnormality countermeasure control is executed simultaneously with the driving assistance control…”. This limitation is not positively recited, and is instead recited as intended use since it recites an intended result for “based on a determination the driver is in the abnormal state, execute, during execution of the driving assistance control, abnormality countermeasure control”. Therefore, the BRI of claim 7 does not require the aforementioned intended use limitation.
determine whether a predetermined actuator is operated during an execution of the driving assistance control, the predetermined actuator operating a vehicle stop holding device that holds the host vehicle in a stop state (See at least [0064]: “The vehicle control system 60 includes manipulation detection sensors, such as an accelerator position sensor 61, a brake pedal pressure sensor 62, and a steering torque sensor 63, and a vehicle speed sensor 64 for detecting the traveling state of the vehicle A” & [0076]: “A manipulation reception section 88, which is referred to also as the manipulation receiver 88, is capable of receiving a driving manipulation by the driver based on manipulating signals outputted from the sensors 61-63.”)
based on a determination that the predetermined actuator is operated and a determination the abnormality countermeasure control to autonomously control operation of the host vehicle is not being executed, stop the execution of the follow-up traveling control included in the driving assistance control, and (See at least [0076]: “During the interval between the initiation of pre-evacuation control and the initiation of automatic evacuation control, the manipulation reception section 88 receives a driving manipulation by the driver. After the start of automatic evacuation control, however, the manipulation reception section 88 prohibits the reception of a driving manipulation by the driver” & [0083]: “More specifically, the assistance control section 83 activates the LKA based on a tentative determination that is made before the formal determination of an abnormal state. Based on the formal determination of the abnormal state, the assistance control section 83 activates the ACC as an assistance function different from the LKA. The assistance control section 83 stops exercising driving assistance control if the manipulation reception section 88 receives a driving manipulation after the initiation of driving assistance control.”)
based on the determination that the predetermined actuator is operated and a determination the abnormality countermeasure control to autonomously control operation of the host vehicle is being executed, simultaneously execute the follow-up traveling control included in the driving assistance control and the abnormality countermeasure control without stopping the host vehicle. (See at least [0094]: “Upon completion of setup of the evacuation spot and movement path (T7), the vehicle control ECU 70 switches to a movement process under automatic evacuation control. The movement process is performed to move the vehicle A along the planned travel path. If necessary, the vehicle A is moved to an adjacent lane in the movement process…Upon completion of the lane change to the lane adjacent to the road strip or the road shoulder, the vehicle control ECU 70 moderately decelerates the vehicle A to a speed at which the vehicle A can easily be stopped (T9)…In this vehicle deceleration control also, the ACC may be used,” [0112]: “Additionally, after the conclusive determination of the driving difficulty state (see T6 in FIG. 7), the CID 13 and the combination meter 12 may continue displaying the indicator 41a indicative of the activation of the LKA and the indicator 41b indicative of the activation of the ACC. A reason for this display control is that the vehicle A travels in the currently-traveling lane for a while after the automatic evacuation control is initiated” & [0153]: “Additionally, the first embodiment prohibits an override after the initiation of automatic evacuation control. Therefore, even when the driver in the driving difficulty state unintentionally performs a steering or other manipulating procedure, the vehicle A can be prevented from traveling in an unstable manner. Consequently, automatic evacuation control is exercised to certainly stop the vehicle A without being interrupted by a wrong manipulating procedure.”)
NOTE: In view of [0086] & [0090] of the instant specification, which recites switching “the abnormality countermeasure traveling control from the slow deceleration processing to vehicle stop deceleration processing”, where the slow deceleration processing “decelerates the host vehicle 100 at the first deceleration GD1” and the vehicle stop deceleration processing “is processing of decelerating the host vehicle 100 at a comparatively large deceleration (second deceleration GD2) to stop the host vehicle 100”, Examiner interprets the limitation “simultaneously execute the driving assistance control and the abnormality countermeasure control without stopping the host vehicle” to encompass deceleration that occurs prior to stopping.
Tamagaki does not explicitly teach:
…without requiring braking force of the driver…
Etori teaches:
…without requiring braking force of the driver… (See at least [0005]: “…a judgment device that determines whether a stop-holding device operable to automatically maintain a stopped state is in one of an enabled state and a disabled state once the vehicle is stopped…” & [0024]: “…When the automatic stop-holding system is ON, and the driver steps on the brake pedal to stop the vehicle, controller 20 turns ON EPKB 9. EPKB 9 operates independently of turning ON of EPKB switch 8 by the driver. As a result, even if the driver does not step on the brake pedal, the stopped state of the vehicle still can be maintained…”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to apply the teachings of Tamagaki using Etori’s stop-holding device that holds the host vehicle in a stop state without requiring a braking force of the driver. Doing so would be obvious to “perform control for following the preceding vehicle appropriately corresponding to the state of the stop-holding device” (See [0007] of Etori).
Regarding claim 9, Tamagaki and Etori in combination teach all the limitations of claim 7 as discussed above.
Tamagaki additionally teaches:
wherein the abnormality countermeasure control includes an abnormality alarm control to indicate that the driver is in the abnormal state. (See at least Fig. 14 & [0115]: “The message image 153 uses text to provide guidance information about the current traveling of the vehicle under automatic evacuation control and a responsive action to be taken with respect to currently exercised automatic evacuation control. More specifically, the message image 153 includes, for example, a message saying “TRAVELING FOR EVACUATION” and a manipulating procedure for stopping automatic evacuation control.”)
NOTE: Claim 9 recites the following intended use limitation: “…to indicate that the driver is in the abnormal state”. These limitations are not positively recited, and are instead recited as intended use since it recites an intended result of including an -abnormality alarm control. Therefore, the BRI of claim 9 does not require the aforementioned intended use limitation.
Regarding claim 10, Tamagaki teaches:
A vehicle control device that executes driving assistance control for assisting driving of a host vehicle by a driver, (See at least [0069]: “The vehicle control ECU 70 has a plurality of driving assistance functions for providing assistance to the driver's driving manipulations or performing the driving manipulations instead of the driver by controlling, for example, the driving force, braking force, and steering force of the vehicle A.”)
the vehicle control device comprising: a memory comprising instructions; and at least one processor operatively coupled to the memory and configured to execute the one or more instructions stored in memory, (See at least [0067]: “The vehicle control ECU 70 includes a control circuit 70a, which includes a main processor 71, a rewritable nonvolatile memory 73, an input/output interface 74 for inputting and outputting information, and a bus for connecting them.”)
wherein the one or more instructions, when executed by the at least one processor, cause the vehicle control device to: execute the driving assistance control that includes lane keeping control to assist a steering operation by the driver on the host vehicle such that the host vehicle travels within a lane, the lane keeping control including acquiring a center line of the lane and adjusting a position of the host vehicle based on determining that the host vehicle deviates from the center line; (See at least [0069]: “The vehicle control ECU 70 activates the driving assistance functions based on a driver's input to the steering switch 15a. For the sake of convenience, the subsequent description assumes that the cruise control function is referred to as ACC (Adaptive Cruise Control), and that the lane departure prevention function is referred to as LKA (Lane Keeping Assist)” & [0172]: “Furthermore, the LKA and the ACC may be activated at substantially the same time.”)
NOTE: Claim 10 recites the following intended use limitation: “…to assist a steering operation by the driver on the host vehicle such that the host vehicle travels within a lane…”. This limitation is not positively recited, and is instead recited as intended use since it recites an intended result for “execute the driving assistance control that includes lane keeping control”. Therefore, the BRI of claim 10 does not require the aforementioned intended use limitation.
during executing the driving assistance control, determine, based on an image of the driver, whether the driver is in an abnormal state of having a problem in driving the host vehicle; (See at least [0062]: “The DSM 11 uses the near-infrared camera to capture an image of the face of the driver that is irradiated with near-infrared light emitted from the near-infrared light source. The image captured by the near-infrared camera is analyzed by the control unit. The control unit extracts, from the captured image, for example, the orientation of the face of the driver and the degree of opening of the eyes of the driver. If the analysis made by the control unit detects a state where, for example, the driver is not facing forward or the driver's eyes are closed, the DSM 11 outputs a detection signal indicative of driver abnormality to the HCU 20” & [0133]: “In S107, it is determined whether the driver is abnormal, as is the case with S105. If a driver abnormality is not continuously detected for a period of longer than the second threshold period of time TH2, processing returns to S101. By contrast, if the driver abnormality is continuously detected for a period of longer than the second threshold period of time TH2, it is formally determined in S107 that the driver is abnormal (T4 of FIG. 4). Processing proceeds to S108.”)
based on a determination the driver is in the abnormal state, execute, during executing the driving assistance control, abnormality countermeasure control to autonomously control operation of the host vehicle based on sensor information received from one or more sensors of the host vehicle such that the abnormality countermeasure control is executed simultaneously with the driving assistance control; (See at least Fig. 17, [0129]: “In S103, it is determined whether the driving assistance functions are activated. If the LKA and the ACC are both activated, processing proceeds to S107” & [0135]: “In S111, it is determined whether the condition for switching to automatic evacuation control is established. If the “YES” button of the steering switch 15a is manipulated in S111 to cancel switching to automatic evacuation control, processing returns to S101. By contrast, if the “NO” button of the steering switch 15a is manipulated to permit switching to automatic evacuation control or the steering switch 15a is not manipulated for a period equivalent to the response time AT, processing proceeds to S112. In S112, automatic evacuation control is initiated to terminate the series of processes.”)
NOTE: Claim 10 recites the following intended use limitation: “…to autonomously control operation of the host vehicle based on sensor information received from one or more sensors of the host vehicle such that the abnormality countermeasure control is executed simultaneously with the driving assistance control…”. This limitation is not positively recited, and is instead recited as intended use since it recites an intended result for “based on a determination the driver is in the abnormal state, execute, during executing the driving assistance control, abnormality countermeasure control”. Therefore, the BRI of claim 10 does not require the aforementioned intended use limitation.
determine whether a predetermined actuator is operated during the driving assistance control, the predetermined actuator operating a vehicle stop holding device that holds the host vehicle in a stop state (See at least [0064]: “The vehicle control system 60 includes manipulation detection sensors, such as an accelerator position sensor 61, a brake pedal pressure sensor 62, and a steering torque sensor 63, and a vehicle speed sensor 64 for detecting the traveling state of the vehicle A” & [0076]: “A manipulation reception section 88, which is referred to also as the manipulation receiver 88, is capable of receiving a driving manipulation by the driver based on manipulating signals outputted from the sensors 61-63.”)
based on a determination that the predetermined actuator is operated and a determination the abnormality countermeasure control is not being executed, stop the execution of the follow-up traveling control included in the driving assistance control, and (See at least [0076]: “During the interval between the initiation of pre-evacuation control and the initiation of automatic evacuation control, the manipulation reception section 88 receives a driving manipulation by the driver. After the start of automatic evacuation control, however, the manipulation reception section 88 prohibits the reception of a driving manipulation by the driver” & [0083]: “More specifically, the assistance control section 83 activates the LKA based on a tentative determination that is made before the formal determination of an abnormal state. Based on the formal determination of the abnormal state, the assistance control section 83 activates the ACC as an assistance function different from the LKA. The assistance control section 83 stops exercising driving assistance control if the manipulation reception section 88 receives a driving manipulation after the initiation of driving assistance control.”)
based on the determination that the predetermined actuator is operated and a determination the abnormality countermeasure control to autonomously control operation of the host vehicle is being executed, simultaneously execute the follow-up traveling control included in the driving assistance control and the abnormality countermeasure control without stopping the host vehicle. (See at least [0094]: “Upon completion of setup of the evacuation spot and movement path (T7), the vehicle control ECU 70 switches to a movement process under automatic evacuation control. The movement process is performed to move the vehicle A along the planned travel path. If necessary, the vehicle A is moved to an adjacent lane in the movement process…Upon completion of the lane change to the lane adjacent to the road strip or the road shoulder, the vehicle control ECU 70 moderately decelerates the vehicle A to a speed at which the vehicle A can easily be stopped (T9)…In this vehicle deceleration control also, the ACC may be used,” [0112]: “Additionally, after the conclusive determination of the driving difficulty state (see T6 in FIG. 7), the CID 13 and the combination meter 12 may continue displaying the indicator 41a indicative of the activation of the LKA and the indicator 41b indicative of the activation of the ACC. A reason for this display control is that the vehicle A travels in the currently-traveling lane for a while after the automatic evacuation control is initiated” & [0153]: “Additionally, the first embodiment prohibits an override after the initiation of automatic evacuation control. Therefore, even when the driver in the driving difficulty state unintentionally performs a steering or other manipulating procedure, the vehicle A can be prevented from traveling in an unstable manner. Consequently, automatic evacuation control is exercised to certainly stop the vehicle A without being interrupted by a wrong manipulating procedure.”)
NOTE: In view of [0086] & [0090] of the instant specification, which recites switching “the abnormality countermeasure traveling control from the slow deceleration processing to vehicle stop deceleration processing”, where the slow deceleration processing “decelerates the host vehicle 100 at the first deceleration GD1” and the vehicle stop deceleration processing “is processing of decelerating the host vehicle 100 at a comparatively large deceleration (second deceleration GD2) to stop the host vehicle 100”, Examiner interprets the limitation “simultaneously execute the driving assistance control and the abnormality countermeasure control without stopping the host vehicle” to encompass deceleration that occurs prior to stopping.
Tamagaki does not explicitly teach:
…without requiring braking force of the driver…
Etori teaches:
…without requiring braking force of the driver… (See at least [0005]: “…a judgment device that determines whether a stop-holding device operable to automatically maintain a stopped state is in one of an enabled state and a disabled state once the vehicle is stopped…” & [0024]: “…When the automatic stop-holding system is ON, and the driver steps on the brake pedal to stop the vehicle, controller 20 turns ON EPKB 9. EPKB 9 operates independently of turning ON of EPKB switch 8 by the driver. As a result, even if the driver does not step on the brake pedal, the stopped state of the vehicle still can be maintained…”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to apply the teachings of Tamagaki using Etori’s stop holding device that holds the host vehicle in a stop state without requiring a braking force of the driver. Doing so would be obvious to “perform control for following the preceding vehicle appropriately corresponding to the state of the stop-holding device” (See [0007] of Etori).
Regarding claim 12, Tamagaki and Etori in combination teach all the limitations of claim 10 as discussed above.
Tamagaki additionally teaches:
wherein the abnormality countermeasure control includes an abnormality alarm control to indicate that the driver is in the abnormal state. (See at least Fig. 14 & [0115]: “The message image 153 uses text to provide guidance information about the current traveling of the vehicle under automatic evacuation control and a responsive action to be taken with respect to currently exercised automatic evacuation control. More specifically, the message image 153 includes, for example, a message saying “TRAVELING FOR EVACUATION” and a manipulating procedure for stopping automatic evacuation control.”)
NOTE: Claim 12 recites the following intended use limitation: “…to indicate that the driver is in the abnormal state”. These limitations are not positively recited, and are instead recited as intended use since it recites an intended result of including an -abnormality alarm control. Therefore, the BRI of claim 12 does not require the aforementioned intended use limitation.
Regarding claim 13, Tamagaki and Etori in combination teach all the limitations of claim 7 as discussed above.
Etori additionally teaches:
wherein the predetermined actuator is a shift actuator. (See at least [0065]: “On the other hand, in step S30 if it is judged that main switch 21 is not pressed, the process goes to step S50. In step S50 judgment is made as to whether any one condition among conditions (b)-(d) is met, that is, whether the driver is executing any one of brake operation, operation of cancel switch 24 or shifting of the gear to a position other than drive (D). Based on signals input from brake switch 7, operation switch 10 and shift position sensor 1, it is judged that one of the operations is performed by the driver, that is, brake operation, pressing of cancel switch 24 or shifting the gear to a position other than drive (D). As a result, the process goes to step S60” & [0067]: “In step S60 the control for following the preceding vehicle is released. As a result, the control for following the preceding vehicle changes from first low-speed following state 44 to standby state 42.”)
Regarding claim 14, Tamagaki and Etori in combination teach all the limitations of claim 10 as discussed above.
Etori additionally teaches:
wherein the predetermined actuator is a shift actuator. (See at least [0065]: “On the other hand, in step S30 if it is judged that main switch 21 is not pressed, the process goes to step S50. In step S50 judgment is made as to whether any one condition among conditions (b)-(d) is met, that is, whether the driver is executing any one of brake operation, operation of cancel switch 24 or shifting of the gear to a position other than drive (D). Based on signals input from brake switch 7, operation switch 10 and shift position sensor 1, it is judged that one of the operations is performed by the driver, that is, brake operation, pressing of cancel switch 24 or shifting the gear to a position other than drive (D). As a result, the process goes to step S60” & [0067]: “In step S60 the control for following the preceding vehicle is released. As a result, the control for following the preceding vehicle changes from first low-speed following state 44 to standby state 42.”)
Regarding claim 15, Tamagaki and Etori in combination teach all the limitations of claim 1 as discussed above.
Tamagaki additionally teaches:
wherein the driving assistance control is the simultaneous execution of the follow-up traveling control and the lane keeping control. (See at least [0172: “Furthermore, the LKA and the ACC may be activated at substantially the same time.”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170232973 A1 is directed to permitting an acceleration override when a specific driving operation is determined to have occurred when the driver is in the abnormal state.
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/NIKKI MARIE M MOLINA/Examiner, Art Unit 3662
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