DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive.
3. Applicant is advised if they keep amending the independent claims differently from each other, then the application might require restriction.
4. Applicant argues the amended claim(s) 1 is/are allowable over Kaji et al. (US-20190286128-A1), Hayakawa (WO-2017068697-A1), and Urano et al. (US-20180105184-A1). Applicant continues, the cited references fail to teach or suggest at least one of (i) a stress level of the driver is below a threshold stress level, and (ii) an elapsed time since a start of driving exceeds a predetermined time period, as recited by claim 1.
5. Indeed, these references do not teach the newly amended feature(s) of “when at least one of the following conditions is satisfied: (i) a stress level of the driver is below a threshold stress level, and (ii) an elapsed time since a start of driving exceeds a predetermined time period.” As such, this amendment has necessitated additional reference Ben-Ezra et al. (US-20190008437-A1) which teaches, in brief, tracking the stress level of the driver, whether during a ride or over a time period such as a day, a month, a year, or the like, and taking an action in accordance with the driver stress level when an acceptable level is exceeded ([0027]). If a sum, a product, an average or another combination of a normalized oxygen saturation level obtained by physical attribute estimation component 140 and normalized stress level as obtained from telemetric analysis engine 144 is below a first threshold, it is assessed that the driver is relaxed, if the combination exceeds the first threshold and is below a second threshold, then it is assumed that the driver is somewhat stressed, while if the combination exceeds the second threshold, the driver is assumed to be stressed ([0053]). If the driver is extremely stressed, an automatic driving system takes over and not let the driver control the car and an alert system issues a severe alert to the driver ([0055]). That is, when at least one of the following conditions is satisfied: (i) a stress level of the driver is below a threshold stress level, and (ii) an elapsed time since a start of driving exceeds a predetermined time period.
6. As such, this argument is moot.
7. Applicant argues the amended claim(s) 14 is/are allowable over Kaji et al. (US-20190286128-A1), Hayakawa (WO-2017068697-A1), and Kim et al. (KR-20130015984-A). Applicant continues, Amended claim 14 recites that the type of the lane being any one of an overtaking lane, a climbing lane, or a normal lane, and that an emphasized degree of a presentation form of the first transition information and the second transition information are changed based on the type of the lane in which the vehicle is traveling, the type of the lane being any one of the overtaking lane, the climbing lane, or the normal lane.
8. However, Applicant analyzes Kaji reference and concludes the cited references do not teach the limitation above. Applicant remains silent about the cited reference, Kim, which teaches the sound output module 142 is a lane recognition result performed by the lane recognition unit 200 on the function of notification, etc. for the type of the recognized lane, and lane recognition, such as lane departure warning and output the sound signal associated with automatic lane maintenance notification (Page 7, Figs. 1-8). As mentioned above, the issued notifications are based on the type of the recognized lane which at least encompasses identifying a normal lane, as depicted by figs 3-7.
9. As such, this argument is unpersuasive.
10. Applicant argues dependent claim(s) 2-3, 5-6, and 10 is/are patentable by the virtue of their dependency on independent claims 1 and the additional features recited in the dependent claims.
11. This argument is unpersuasive as each independent claim and dependent claim has been fully rejected and for the reasons given above.
Claim Rejections - 35 USC § 112
12. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
13. Claim 15 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 15 recites the limitation of “provide (i) both-prohibited transition possible information indicating that a transition from the both-prohibited state to the particular action permitted state is possible, (ii) both-prohibited transition execution information indicating execution of the transition from the both-prohibited state to the particular action permitted state, and (iii) hand-off transition execution information indicating execution of the transition from the hand-off permitted state to the particular action permitted state wherein, when transitioning from the both-prohibited state to the particular action permitted state, the both-prohibited transition possible information is provided prior to presenting the both-prohibited transition execution information, the both-prohibited transition execution information is provided after receiving, from the driver, a start instruction of the automated driving in the particular action permitted state;” Applicant has failed to provide support for these limitations and support for these limitations is nowhere to be found in the specification. To overcome the rejection, Applicant is advised to specifically point out the relevant paragraphs of their specification.
Claim Rejections - 35 USC § 103
14. 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.
15. Claim(s) 1
is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaji et al. (US-20190286128-A1) in view of Hayakawa (WO-2017068697-A1) and further in view of Ben-Ezra et al. (US-20190008437-A1).
In regards to claim 1
, Kaji teaches A presentation control apparatus configured to control information presentation to a driver of a vehicle capable of performing automated driving (Fig. 1, [0012] The ECU 20 executes a control relating to automated driving of the vehicle 1. [0021] A display device 92 notifies the driver of information which is the presentation control apparatus.), the presentation control apparatus comprising:
a processor and memory connected to a display apparatus, an audio apparatus, and a vibration member of the vehicle via a communication bus, the processor and memory configured to: (Fig. 1, [0010] A vehicle 1 includes a vehicle controlling apparatus 2 that controls the vehicle 1. The control apparatus 2 includes a plurality of ECUs 20 to 29 that are connected with each other via an in-vehicle network such that they can communicate with each other. Each ECU includes a processor typified by a CPU, a memory such as a semiconductor memory, an interface for an external device and the like. The memory stores programs executed by the processor, data used by the processor for processes and the like. [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. Vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light are used for notification.)
define (i) a particular action permitted state where the driver is permitted to take a particular action other than driving during the automated driving of the vehicle (Fig. 2, [0025] The state 203 is a state that the driver is not required to grip the steering wheel and the driver is required to monitor the surroundings. The automated driving in this state is referred to as an automated driving B. When the driver is not required to grip the steering wheel, the driver will be able to eat or drink which means the driver is permitted to take a particular action other than driving during the automated driving of the vehicle.), (ii) a particular action prohibited state where the driver is prohibited from taking the particular action during the automated driving of the vehicle (Fig. 2, [0025] The state 202 is a state that the driver is required to grip the steering wheel and to monitor the surroundings. The automated driving in this state is referred to as an automated driving A which is the state where the driver is prohibited to take the particular action, such as eating and drinking, during the automated driving of the vehicle because the driver is required to grip the steering wheel.), and (iii) an automated driving prohibited state where the automated driving of the vehicle is prohibited (Fig. 2, [0024] A state 201 indicates a state that the driver of the vehicle 1 is performing manual driving. [0028] A transition 212 indicates a transition from the state 202 (the automated driving A) to the state 201 (manual driving). The control apparatus 2 performs this transition when the circumstance of the vehicle 1 is changed to a circumstance that the state 202 (the automated driving A) cannot be maintained which encompasses a state where the automated driving of the vehicle is prohibited.);
determine a transition between the particular action permitted state, the particular action prohibited state, and the automated driving prohibited state; (Applicant’s specification has not defined what determining a transition between the driving states entails. As such, determining a transition between the driving states was interpreted under its broadest reasonable interpretation consistent with the Applicant’s specification and the knowledge of one of ordinary skill in the art as the existence of a transition between different driving states. Fig. 2, See at least reference characters 211, 212, 213, 215, [0027] A transition 211 indicates a transition from the state 201 (manual driving) to the state 202 (the automated driving A). [0028] A transition 212 indicates a transition from the state 202 (the automated driving A) to the state 201 (manual driving). [0029] A transition 213 indicates a transition from the state 202 (the automated driving A) to the state 203 (the automated driving B). [0031] A transition 215 indicates a transition from the state 203 (the automated driving B) to the state 202 (the automated driving A).)
provide information to the driver regarding a state transition with at least one of the display apparatus, the audio apparatus, or the vibration member ([0026] A state 205 is a state that the control apparatus 2 is requesting the driver to grip the steering wheel. The control apparatus 2 makes a request for gripping the steering wheel by giving a message requesting gripping of the steering wheel by a display on the display device 92 and/or by an output from the sound output apparatus 91. Giving a message by displaying or sound output is providing information to the driver of a state transition with at least one of the display apparatus, the audio apparatus, or the vibration member.), wherein when information is provided in the emphasized form, presentation of the information involves one of the following: changing a display color and a display size of the information with the display apparatus, combining visual information from the display apparatus with auditory information from the audio apparatus, or combining visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member; ([0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. While Kaji does not explicitly define the emphasized form of notification, as defined by the limitation above, combining visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member is a form of providing the information in the emphasized form. Kaji mentions any combination of sound, display, vibration and light may be used for notification. Therefore, Kaji implicitly teaches notifying the driver in a non-emphasized from when only one of the display apparatus, auditory information, or tactile information is used. Kaji also implicitly teaches notifying the driver in a emphasized from when any combination of the display apparatus, auditory information, or tactile information is used.)
determine whether the driver is prepared for execution of the automated driving, wherein the driver is determined to be prepared for the execution of the automated driving ([0029] A transition 213 indicates a transition from the state 202 (the automated driving A) to the state 203 (the automated driving B). The control apparatus 2 performs this transition when the vehicle 1 is in a circumstance that the travel control in the automated driving B can be executed. Even when the driver is gripping the steering wheel, the control apparatus 2 performs the transition 213 when there is no large steering input. When the driver stops the grip on the steering wheel in a circumstance that the travel control in the automated driving B cannot be executed, the control apparatus 2 does not perform the transition 213, and requests the driver to grip the steering wheel. In state 202, determining whether the driver is gripping the steering wheel is determining whether the driver is prepared for execution of the automated driving.),
define first transition information as information notifying a transition from the automated driving prohibited state to the particular action permitted state (Applicant’s specification has not provided a concise definition for the first transition information. The specification does not provide any description on the data that the first transition information entails. As such, defining the first transition information was interpreted under its broadest reasonable interpretation consistent with the Applicant’s specification and the knowledge of one of ordinary skill in the art as the existence of a transition between the automated driving prohibited state and the particular action permitted state. Fig. 2, reference character 211, [0027] A transition 211 indicates a transition from the state 201 (manual driving) to the state 202 (the automated driving A). The control apparatus 2 performs this transition when the vehicle 1 is in a circumstance that the travel control in the automated driving A can be executed and the driver has requested a start of automated driving.), and second transition information as information notifying a transition from the particular action prohibited state to the particular action permitted state; (Applicant’s specification has not provided a concise definition for the second transition information. The specification does not provide any description on the data that the second transition information entails. As such, defining the second transition information was interpreted under its broadest reasonable interpretation consistent with the Applicant’s specification and the knowledge of one of ordinary skill in the art as the existence of a transition between the particular action prohibited state and the particular action permitted state. Fig. 2, reference character 213, [0029] A transition 213 indicates a transition from the state 202 (the automated driving A) to the state 203 (the automated driving B). The control apparatus 2 performs this transition when the vehicle 1 is in a circumstance that the travel control in the automated driving B is executed.)
present the first transition information in the emphasized form when it is determined that the driver is not prepared for the execution of the automated driving; and (Figs. 1-2, [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. Further, the combination and/or the notification mode is changed in accordance with the level (e.g. the degree of urgency) of the information to be notified. [0027] When the driver requests a start of automated driving in a circumstance that the travel control in the automated driving A cannot be executed, the control apparatus 2 does not perform the transition 211 and notifies the driver that automated driving cannot be started which encompasses the case when the driver is not prepared for the execution of the automated driving. As mentioned above, the ECU 28 uses any combination of sound, display and vibration to notify the driver. As such, Kaji teaches presenting the first transition information in the emphasized form, especially when the information are presented with a high degree of urgency, using the combination of sound, display and vibration, which is presenting the intimation in an emphasized form according to Applicant’s specification.)
present the first transition information in the non-emphasized form when it is determined that the driver is prepared for the execution of the automated driving, wherein a determination is made such that the driver is considered prepared (Figs. 1-2, [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. Further, the combination and/or the notification mode is changed in accordance with the level (e.g. the degree of urgency) of the information to be notified. [0027] When the driver requests a start of automated driving in a circumstance that the travel control in the automated driving A cannot be executed, the control apparatus 2 does not perform the transition 211 and notifies the driver that automated driving cannot be started which encompasses the case when the driver is not prepared for the execution of the automated driving. As mentioned above, the ECU 28 is capable of notifying the driver and changes the notification based on the degree of urgency. As such, Kaji teaches presenting the first transition information in the non-emphasized form, especially when the information are presented with a low degree of urgency because it is determined that the driver is prepared for the execution of the automated driving.)
Further, Kaji teaches the input apparatus 93 includes a camera for detecting the eye direction of the driver ([0021]) which suggests the driver state is monitored.
Kaji does not explicitly teach in an emphasized form or a non-emphasized form,
when at least one of the following conditions is satisfied: (i) a stress level of the driver is below a threshold stress level, and (ii) an elapsed time since a start of driving exceeds a predetermined time period;
when at least one of the following conditions is satisfied: (i) the stress level of the driver is below the threshold stress level, and (ii) the elapsed time since the start of driving exceeds the predetermined time period.
However, Hayakawa teaches an output device 20 including the display 21 and the notification device 4 including the speaker 41, the lamp 42, and the vibration generating device 43 (Page 12, Fig. 1). The receding color is a color in which a colored diagram is seen relatively far away, and is a color of relatively cold color, low brightness, and low saturation in the hue circle, such as blue, purple, and black. is there. Images displayed with such advance colors appear to be relatively emphasized. The pixel density of the first display mode is increased and the pixel density of the second display mode is decreased. The pixel density is the density of pixels in a region corresponding to a diagram image. The display is emphasized as the pixel density is high, and the display is not emphasized as the pixel density is low (Page 22). The notification in which the output intensity is emphasized means notification that gives a relatively strong stimulus to the occupant's visual / auditory / tactile sensation and attracts human attention relatively strongly. The notification in which output emphasis is suppressed (non-emphasized display) means notification in which the effect of attracting the occupant's attention is relatively weak (Page 25). As such, Hayakawa teaches notifying the driver in an emphasized form or a non-emphasized form.
Ben-Ezra teaches tracking the stress level of the driver, whether during a ride or over a time period such as a day, a month, a year, or the like, and taking an action in accordance with the driver stress level when an acceptable level is exceeded ([0027]). If a sum, a product, an average or another combination of a normalized oxygen saturation level obtained by physical attribute estimation component 140 and normalized stress level as obtained from telemetric analysis engine 144 is below a first threshold, it is assessed that the driver is relaxed, if the combination exceeds the first threshold and is below a second threshold, then it is assumed that the driver is somewhat stressed, while if the combination exceeds the second threshold, the driver is assumed to be stressed ([0053]). If the driver is extremely stressed, an automatic driving system takes over and not let the driver control the car and an alert system issues a severe alert to the driver ([0055]). As mentioned above, when the stress level of the driver is above the second threshold, then the driver is assumed to be stressed and the automatic driving system takes over. That is, the driver is not considered to be prepared. When the stress level is below the first threshold, the driver is assumed to be relaxed, which means the driver prepared. The Examiner notes, according to the relevant paragraph [0085] of Applicant’s disclosure, “The driver preparation notification is a notification prompting the driver to satisfy a condition (driver condition) for implementing Level 3. The driver preparation notification is executed in a case that the driver condition is not satisfied at the start of the Level 3 approach notification. For example, the driver condition is that the arousal of the driver is higher than a threshold level, that the posture type of the driver is a predefined posture type, or the like. Furthermore, the driver condition may be that the stress level is lower than a threshold level, the elapsed time since the start of travelling is longer than predetermined time, or the like. The driver preparation notification may be executed simultaneously with the Level 3 approach notification. For example, it is started after execution of the Level 3 approach notification.” Level 3 of automated driving needs driver intervention while the autonomous vehicle controls some driving functions which is different from fully autonomous driving. The method of Ben-Ezra for assessing driver’s stress level determines whether the driver is capable of monitoring the vehicle and taking over when a situation arises that the autonomous vehicle cannot handle, which encompasses execution of the Level 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control apparatus of Kaji, by incorporating the teachings of Hayakawa and Ben-Ezra, such that the notification with a high degree of urgency, in which the output intensity is emphasized, are used to give a relatively strong stimulus to the occupant's to attract human attention relatively strongly and the notification with a low degree of urgency, in which output emphasis is suppressed, are used for attracting the occupant's attention is relatively weak manner and the driver is determined to be ready for execution of the automated driving when the normalized stress level of the driver is below a first threshold, which means the driver is assessed to be relaxed. Furthermore, it would have been an obvious matter of design choice to notify the driver in a specific manner, such as presenting the transition information as visual information or auditory information or tactile information or in an emphasized or non-emphasized form, since Applicant(s) has/have not disclosed that presenting the information as visual information solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with other methods of notifying the driver and several method of notification can be combined to notify and attract human attention relatively strongly or use only one method to attract human attention relatively weak.
The motivation to modify is that, as acknowledged by Hayakawa, to a give a relatively strong stimulus to the occupant's vision and attracts human attention relatively strongly (Page 22) which one of ordinary skill would have recognized allows the autonomous vehicle to notify the driver when the driver’s attention is required.
The motivation to modify is that, as acknowledged by Ben-Ezra, assessing the stress level of a driver and to utilizing this assessment for improving safety of the driver and the environment ([0001]) which one of ordinary skill would have recognized allows to decrease the possibility of encountering dangerous situations.
16. Claim(s) 3, 6 and 10
is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaji et al. (US-20190286128-A1) in view of Hayakawa (WO-2017068697-A1) and further in view of Ben-Ezra et al. (US-20190008437-A1) and further in view of Urano et al. (US-20180105184-A1).
In regards to claim 2
, Kaji, as modified by Hayakawa and Ben-Ezra, teaches The presentation control apparatus according to claim 1 , wherein the processor and memory are further configured to (Figs. 1-2, [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. Further, the combination and/or the notification mode is changed in accordance with the level (e.g. the degree of urgency) of the information to be notified. An ECU necessarily has a processor and memory.)
Kaji, as modified by Hayakawa and Ben-Ezra, does not teach present the second transition information.
However, Urano teaches when the automatic driving mode execution condition is satisfied, the notification control unit 17 notifies the driver that the driving mode of the vehicle is switched to the automatic driving mode. ([0082], Fig. 1). The flowchart illustrated in FIG. 3 is performed when the vehicle is in the transition mode and the automatic driving mode start operation is not cancelled ([0143], Fig. 3). In S32, the ECU 10 determines whether the automatic driving mode execution conditions are satisfied using the mode switching unit 15. When it is determined that the automatic driving mode execution conditions are satisfied (YES in S32), the ECU 10 performs S34. When it is determined that the automatic driving mode execution conditions are not satisfied (NO in S32), the ECU 10 performs S38. In S34, the ECU 10 switches the driving mode of the vehicle from the transition mode to the automatic driving mode using the mode switching unit 15. In S36, the ECU 10 performs notification of switching to the automatic driving mode and notification of the reason for switching using the notification control unit 17. The notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode depending on currently satisfied conditions among the automatic driving mode execution conditions. When the driving mode of the vehicle is switched to the automatic driving mode due to the vehicle state, the notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode based on the vehicle state. When the driving mode of the vehicle is switched to the automatic driving mode due to the occupant state, the notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode based on the occupant state. Thereafter, the ECU 10 ends the current process ([0145]-[0147]). As such, Urano teaches presenting the second transition information.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control apparatus of Kaji, as already modified by Hayakawa and Ben-Ezra, by incorporating the teachings of Urano, such that a notification for the first transition is considered to have a high degree of urgency and the notification is displayed on the screen and an audible sound is played along to notify the driver and the notification for the second transition is considered to have a low urgency and the notification is displayed on the screen. Furthermore, it would have been an obvious matter of design choice to notify the driver in a specific manner, such as presenting the transition information as visual information or auditory information or tactile information or in an emphasized or non-emphasized form, since Applicant(s) has/have not disclosed that presenting the information as visual information solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with other methods of notifying the driver and several method of notification can be combined to notify and attract human attention relatively strongly or use only one method to attract human attention relatively weak.
The motivation to modify is that, as acknowledged by Urano, to avoid a situation in which the driver hinders a traffic flow due to trial and error for satisfying existing satisfied conditions among the automatic driving mode execution conditions ([0166]) which one of ordinary skill would have recognized allows the driving condition to become safer by ensuring that the driver is ready to handle transition between different driving modes.
In regards to claim 3
, Kaji, as modified by Hayakawa and Ben-Ezra, teaches The presentation control apparatus according to claim 1 , wherein the processor and memory are further configured to (Figs. 1-2, [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. Further, the combination and/or the notification mode is changed in accordance with the level (e.g. the degree of urgency) of the information to be notified. An ECU necessarily has a processor and memory.)
Kaji, as modified by Hayakawa and Ben-Ezra, does not teach present the second transition information.
However, Urano teaches when the automatic driving mode execution condition is satisfied, the notification control unit 17 notifies the driver that the driving mode of the vehicle is switched to the automatic driving mode. ([0082], Fig. 1). The flowchart illustrated in FIG. 3 is performed when the vehicle is in the transition mode and the automatic driving mode start operation is not cancelled ([0143], Fig. 3). In S32, the ECU 10 determines whether the automatic driving mode execution conditions are satisfied using the mode switching unit 15. When it is determined that the automatic driving mode execution conditions are satisfied (YES in S32), the ECU 10 performs S34. When it is determined that the automatic driving mode execution conditions are not satisfied (NO in S32), the ECU 10 performs S38. In S34, the ECU 10 switches the driving mode of the vehicle from the transition mode to the automatic driving mode using the mode switching unit 15. In S36, the ECU 10 performs notification of switching to the automatic driving mode and notification of the reason for switching using the notification control unit 17. The notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode depending on currently satisfied conditions among the automatic driving mode execution conditions. When the driving mode of the vehicle is switched to the automatic driving mode due to the vehicle state, the notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode based on the vehicle state. When the driving mode of the vehicle is switched to the automatic driving mode due to the occupant state, the notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode based on the occupant state. Thereafter, the ECU 10 ends the current process ([0145]-[0147]). As such, Urano teaches presenting the second transition information.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control apparatus of Kaji, as already modified by Hayakawa and Ben-Ezra, by incorporating the teachings of Urano, such that the notification for the both the first transition and second transitions are considered to have a low degree of urgency and the notification is displayed on the screen. Furthermore, it would have been an obvious matter of design choice to notify the driver in a specific manner, such as presenting the transition information as visual information or auditory information or tactile information or in an emphasized or non-emphasized form, since Applicant(s) has/have not disclosed that presenting the information as visual information solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with other methods of notifying the driver and several method of notification can be combined to notify and attract human attention relatively strongly or use only one method to attract human attention relatively weak.
The motivation to do so is the same as acknowledged by Urano in regards to claim 2.
In regards to claim 6
, Kaji, as modified by Hayakawa and Ben-Ezra, teaches The presentation control apparatus according to claim 1, wherein when acquiring a start operation of the automated driving in which the driver is permitted to take the particular action after the state is transitioned to the particular action permitted state, the processor and memory are further configured to lower an emphasis degree of the first transition information as compared to when the processor and memory acquire the start operation before the state is transitioned to the particular action permitted state. (Figs. 1-2, [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. Further, the combination and/or the notification mode is changed in accordance with the level (e.g. the degree of urgency) of the information to be notified. An ECU necessarily has a processor and memory.)
It would have been an obvious matter of design choice to notify the driver in a specific manner, such as presenting the transition information as visual information or auditory information or tactile information or in an emphasized or non-emphasized form, since Applicant(s) has/have not disclosed that presenting the information as visual information solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with other methods of notifying the driver and several method of notification can be combined to notify and attract human attention relatively strongly or use only one method to attract human attention relatively weak.
In regards to claim 10
, Kaji, as modified by Hayakawa and Ben-Ezra, teaches The presentation control apparatus according to claim 1, wherein the processor and memory are further configured to:
distinguish, in the particular action prohibited state, a hands-off permitted state where the driver is permitted to release hands from a steering wheel and a hands-off prohibited state where the driver is prohibited to release the hands from the steering wheel, and (Fig. 2, [0025] The state 202 is a state that the driver is required to grip the steering wheel and to monitor the surroundings. The automated driving in this state is referred to as an automated driving A which is the state where the driver is prohibited to take the particular action, such as releasing the steering wheel, during the automated driving of the vehicle. The state 203 is a state that the driver is not required to grip the steering wheel and the driver is required to monitor the surroundings. The automated driving in this state is referred to as an automated driving B. When the driver is not required to grip the steering wheel, the driver will be able to eat or drink which means the driver is permitted to take a particular action other than driving during the automated driving of the vehicle. As mentioned above the vehicle has states 202 and 203 and transitions between those states which encompasses distinguishing a hands-off permitted state and a hands-off prohibited state.)
(Figs. 1-2, [0021] The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. Vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light are used for notification. [0031] A transition 215 indicates a transition from the state 203 (the automated driving B) to the state 202 (the automated driving A) which is the third transition information related to a transition from the particular action permitted state to the automated driving prohibited state.)
Kaji, as modified by Hayakawa and Ben-Ezra, does not teach present third transition information.
However, Urano teaches when the automatic driving mode execution condition is satisfied, the notification control unit 17 notifies the driver that the driving mode of the vehicle is switched to the automatic driving mode. ([0082], Fig. 1). The flowchart illustrated in FIG. 3 is performed when the vehicle is in the transition mode and the automatic driving mode start operation is not cancelled ([0143], Fig. 3). In S32, the ECU 10 determines whether the automatic driving mode execution conditions are satisfied using the mode switching unit 15. When it is determined that the automatic driving mode execution conditions are satisfied (YES in S32), the ECU 10 performs S34. When it is determined that the automatic driving mode execution conditions are not satisfied (NO in S32), the ECU 10 performs S38. In S34, the ECU 10 switches the driving mode of the vehicle from the transition mode to the automatic driving mode using the mode switching unit 15. In S36, the ECU 10 performs notification of switching to the automatic driving mode and notification of the reason for switching using the notification control unit 17. The notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode depending on currently satisfied conditions among the automatic driving mode execution conditions. When the driving mode of the vehicle is switched to the automatic driving mode due to the vehicle state, the notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode based on the vehicle state. When the driving mode of the vehicle is switched to the automatic driving mode due to the occupant state, the notification control unit 17 notifies the driver of the reason for switching to the automatic driving mode based on the occupant state. Thereafter, the ECU 10 ends the current process ([0145]-[0147]). As such, Urano teaches presenting the third transition information which is the branch from reference character S32 to S38.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control apparatus of Kaji, as already modified by Hayakawa and Ben-Ezra, by incorporating the teachings of Urano, such that the notification for a transition from the state 203 to the state 202 is considered to have a low degree of urgency and a notification for the transition is displayed accordingly. Furthermore, it would have been an obvious matter of design choice to notify the driver in a specific manner, such as presenting the transition information as visual information or auditory information or tactile information or in an emphasized or non-emphasized form, since Applicant(s) has/have not disclosed that presenting the information as visual information solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with other methods of notifying the driver and several method of notification can be combined to notify and attract human attention relatively strongly or use only one method to attract human attention relatively weak.
The motivation to do so is the same as acknowledged by Urano in regards to claim 2.
17. Claim(s) 5
is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaji et al. (US-20190286128-A1) in view of Hayakawa (WO-2017068697-A1) and further in view of Ben-Ezra et al. (US-20190008437-A1) and further in view of Ishioka et al. (US-20200269844-A1).
In regards to claim 5
, Kaji, as modified by Hayakawa and Ben-Ezra, teaches The presentation control apparatus according to claim 1.
Further, Kaji teaches The ECU 28 controls an input/output apparatus 9. The input/output apparatus 9 outputs information to the driver and receives information from the driver. A sound output apparatus 91 notifies the driver of information by means of sound. A display device 92 notifies the driver of information by displaying an image. The display device 92 is disposed in a front face of the driver's seat and constitutes an instrument panel and the like. In addition to sound and image, vibration and/or light are used for notification of information. Alternatively, any combination of sound, display, vibration and light may be used for notification ([0021]) which suggests visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member are combined. According to claim 1, combining visual information from the display apparatus, auditory information from the audio apparatus, and tactile information from the vibration member is a form of providing the information in the emphasized form.
Kaji, as modified by Hayakawa and Ben-Ezra, does not teach when it is determined that a number of a transition from the automated driving prohibited state to the particular action permitted state in a predetermined period is outside a range defined by upper and lower threshold numbers, the processor and memory are configured to lower an emphasis degree of the first transition information as compared to when it is determined that the number of the transition is within the range.
However, Ishioka teaches if the cancel instruction unit (blinker switch 58) gives the instruction expressing the intention of canceling the automated lane change control in the automated lane change control, the automated driving control unit (calculation device 68) is configured to cancel the automated lane change control and count the number of cancellations Nc or count the number of interventions Ni in the travel control using the steering wheel in the automated lane change control, and if the number of cancellations Nc or the number of interventions Ni is more than or equal to the predetermined number of times Ncth, Nith, the automated driving control unit is configured to change the automated driving state from the automated driving state (destination lead mode) where the automated lane change control is performed to the automated driving state (destination guidance mode) where the lane change assistance control is performed ([0105]). As mentioned above, the number of cancellations or the number of interventions are counted and compared to a predetermined number to ensure the counts will stay within an acceptable range which is a range between zero transition and the predetermined number of times. A range necessarily has a lower and upper limit. Zero is the lower threshold number and the predetermined number of times is the upper threshold number.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control apparatus of Kaji, as already modified by Hayakawa and Ben-Ezra, by incorporating the teachings of Ito and Ishioka, such that to count the