DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 of U.S. Application No. 18/015,243 filed on 01/09/2023 were examined. Examiner filed a non-final rejection on 01/30/2025.
Applicant filed remarks and amendments on 04/28/2025. Claims 1, 4-16, and 18-20 were amended. Claims 1-20 are presented and presently pending examination.
Response to Arguments
Regarding the claim interpretation under 35 USC 112(f): applicant’s arguments filed on 04/28/2025 (hereinafter referred to as the “Remarks”) have been fully considered and they are persuasive. The previously given claim interpretations under 35 USC 112(f) are withdrawn.
Regarding the claim rejections under 35 USC 103: Applicant's arguments filed on 04/28/2025 with respect to HIRANO (JP2019119371A)in view of Hiroyuki et al. (JP2018148830A) have been fully considered but they are not persuasive.
Regarding claims 1, applicant argues that, “Neither Hiroyuki nor Hirano disclose performing different actions in response to an intentional reckless driving or accidental irritating action (e.g., different drive states).” (emphasis applicant’s) (See at least Page 8-9 in the Remarks).
However, this argument is not persuasive, Hiroyuki teaches “ In other words, the rear vehicle CA intentionally performs the tilting operation such that the driver of the other vehicle Cb recognizes the presence of the own vehicle ca and feels a threat. Further, it is considered that the driver of the vehicle ca is intended to be aware of the fact that the driver of the vehicle CA is intended for the driver of the vehicle CA, and that the driver of the vehicle CA is intentionally intended to feel a larger threat.”
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over HIRANO (JP2019119371A)in view of Hiroyuki et al. (JP2018148830A), hereinafter referred to as HIRANO and Hiroyuki respectively.
Regarding claim 1, HIRANO discloses A drive assist apparatus, comprising:
a processor to execute a program, and a memory to store the program which (“The ECU 10 is a control device for performing comprehensive control including operation control of a motor and an engine of the drive unit 52 described later, and is an input / output device, a storage device (ROM, RAM, non-volatile RAM, etc.), central processing A device (CPU) or the like is included. In particular, the EUC 10 is configured to include an inter-vehicle calculation unit 24, an acceleration calculation unit 26, a fluctuation detection unit 28, a rough driving determination unit 30, and a storage unit 32.” [0023]), when executed by the processor, performs processes of:
determining a drive state from among a plurality of drive states, the plurality of drive states (“The inter-vehicle calculation unit 24 travels behind the first vehicle C1 ….. (traveling state) and calculates it. The acceleration calculation unit 26 images the acceleration (running state) of the second vehicle.” [0024]) including reckless driving intentionally performed by a driver of a subject vehicle on a particular another vehicle and irritating driving accidentally performed by a driver of a subject vehicle but irritating a driver of another vehicle based on a temporal sequence of a relative position of the subject vehicle and the other vehicle (“The whirl driving detection device 20 can detect that the own vehicle or another vehicle is driving or is being swung. The rounding cancellation device 40 can cancel rounding driving such as avoiding rounding driving, stopping rounding driving, or securing an interval between vehicles for avoiding from rounding driving.” [0022]);
HIRANO does not disclose
performing first control of assisting driving of the driver of the subject vehicle in response to the drive state being determined to be the reckless driving -and performing second control of the assisting driving of the driver of the subject vehicle in response to the drive state being determined as the irritating driving.
However, Hiroyuki does teach performing first control of assisting driving of the driver of the subject vehicle in response to the drive state being determined to be the reckless driving -and performing second control of the assisting driving of the driver of the subject vehicle in response to the drive state being determined as the irritating driving (“it is possible to correctly detect and evaluate an abnormal driving behavior such as, for example, a driving operation. In other words, in the case of the fling operation, there is generally seen a tendency that the vehicle is driven to the left and right with an abnormal approach to the other vehicle traveling in the front. Thus, by monitoring the statistic of the 2 information, an abnormal driving situation such as a meandering operation is detected. When an abnormality such as a meandering operation is detected at the same time in a state in which an abnormal approach of the inter-vehicle distance is detected, there is a very high possibility that an abnormal driving condition such as a driving operation is performed..” [0018]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches performing first control of assisting driving of the driver of the subject vehicle in response to the drive state being determined to be the reckless driving -and performing second control of the assisting driving of the driver of the subject vehicle in response to the drive state being determined as the irritating driving.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also performing first control of assisting driving of the driver of the subject vehicle in response to the drive state being determined to be the reckless driving -and performing second control of the assisting driving of the driver of the subject vehicle in response to the drive state being determined as the irritating driving, as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 2, HIRANO discloses The drive assist apparatus according to claim 1, wherein the drive state determination unit determines that a driver of the subject vehicle performs the reckless driving when the subject vehicle executes a particular action more than a predetermined number of times on the same another vehicle(“That is, when it is detected that the first vehicle C1, which is the own vehicle, is being shook by the second vehicle C2 based on the image analysis of the image of the rear camera 22, the overrun determination unit 30 mounted on the first vehicle C1 detects 1 Vehicle travel control is executed (steps S10 and S12). In addition, when it is detected that the first vehicle C1 is being shook by the second vehicle C2 which is the own vehicle, the second vehicle travel control is executed (step S14). , S16). Furthermore, when it is detected that the first vehicle C1 is being shook by the second vehicle C2 and the own vehicle is the third vehicle C3 according to the overdrive request signal inputted by the receiving unit 62, the third vehicle travels. Control is executed (steps S18 and S20). In this manner, it is possible to determine whether the host vehicle corresponds to the first vehicle C1, the second vehicle C2, or the third vehicle C3, and to execute control corresponding to each.” [0035]).
HIRANO does not disclose determines that the driver of the subject vehicle performs the irritating driving when the subject vehicle temporarily or continuously executes the particular action on the same another vehicle
However, Hiroyuki does teach determines that the driver of the subject vehicle performs the irritating driving when the subject vehicle temporarily or continuously executes the particular action on the same another vehicle (In the CPU11, similarly to the S11 in FIG. 5, the measurement of the inter-vehicle distances Lab and the calculation of the inter-vehicle times Tab are repeatedly executed.” [0086]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches determining that the driver of the subject vehicle performs the irritating driving when the subject vehicle temporarily or continuously executes the particular action on the same another vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include determining that the driver of the subject vehicle performs the irritating driving when the subject vehicle temporarily or continuously executes the particular action on the same another vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 3, HIRANO discloses The drive assist apparatus according to claim I,
HIRANO does not disclose wherein the irritating driving includes temporal irritating driving and continuous irritating driving and the assist controller performs control of assisting driving of the driver of the subject vehicle in accordance with each of the temporal irritating driving and the continuous irritating driving
However, Hiroyuki does teach wherein the irritating driving includes temporal irritating driving and continuous irritating driving (“The present invention has been made in view of the above-described circumstances, and an object of the present invention is to provide a driving evaluation device and an on-vehicle device capable of correctly detecting and evaluating an abnormal driving behavior such as tailgating.” [0012]),
and the second control of assisting driving of the driver of the subject vehicle in accordance with each of the temporal irritating driving and the continuous irritating driving (“In addition to the above-described functions, the digital tachograph 10 of the present embodiment can also have a drive recorder function and a driving evaluation function. That is, when an abnormal situation such as a collision of a vehicle on which the digital tachograph 10 is mounted is detected, a trigger signal is output, and data including an image can be automatically recorded and stored for a predetermined time in synchronization with the trigger. In addition, for example, the digital tachograph 10 can automatically evaluate in real time whether or not the driver performs a dangerous harming behavior such as gate driving during the operation of the host vehicle, and can output an alarm to guide safe driving.” [0031]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the irritating driving includes temporal irritating driving and continuous irritating driving and the second control of assisting driving of the driver of the subject vehicle in accordance with each of the temporal irritating driving and the continuous irritating driving.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the irritating driving includes temporal irritating driving and continuous irritating driving and the second control of assisting driving of the driver of the subject vehicle in accordance with each of the temporal irritating driving and the continuous irritating driving, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 4, HIRANO discloses The drive assist apparatus according to claim 2,
HIRANO does not disclose wherein the particular action includes a traveling interfering with a traveling of the other vehicle which intends to overtake the subject vehicle
However, Hiroyuki does teach wherein the particular action includes a traveling interfering with a traveling of the other vehicle which intends to overtake the subject vehicle (“For example, in a situation as illustrated in FIG. 2, after the own-vehicle ca performs a right blinker operation, that is, gives a sign of a lane change, the own-vehicle ca can change the lane from the traveling lane 200M in which the own-vehicle ca is currently traveling to the right adjacent traveling lane 200R to overtake the other-vehicle cb in front.” [0090]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the particular action includes a traveling interfering with a traveling of the other vehicle which intends to overtake the subject vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the particular action includes a traveling interfering with a traveling of the other vehicle which intends to overtake the subject vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 5, HIRANO discloses The drive assist apparatus according to claim 4,
HIRANO does not disclose wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle
However, Hiroyuki does teach wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle (“A driving evaluation device that evaluates dangerous driving in a vehicle on the basis of operation information detected on the vehicle or recorded in the past, the operation information including first information that changes in accordance with an inter-vehicle distance between the vehicle and another vehicle traveling in front of the vehicle, and Second information that changes in accordance with a relative positional relationship in a left-right direction between the vehicle and left and right lines that define a travel lane of the vehicle A driving evaluation unit configured to calculate a statistic based on the second information, and determine whether or not dangerous driving is performed based on the statistic of the second information when it is detected that the inter-vehicle distance is shorter than a normal range based on the first information” [0013). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 6, HIRANO discloses The drive assist apparatus according to claim 4,
HIRANO does not disclose wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle
However, Hiroyuki does teach wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle (“In the processing procedure shown in FIG. 7, when the blinker operation is detected, it is determined that the vehicle is not in the tilt-shift driving, but conversely, when a specific condition is satisfied, it may be determined that the vehicle is in the "tilt-shift driving" when the blinker operation is detected. For example, it is identified whether or not another lane is present as a passing lane on the right side of the lane in which the host vehicle ca is currently traveling. In a case where the passing lane is not present on the right side even though the presence of the right blinker operation is detected, it is determined that the CPU11 is "gate driving".” [0089]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the traveling interfering with the traveling of the other vehicle includes a traveling in which the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 7, HIRANO discloses The drive assist apparatus according to claim 2, wherein the particular action includes a traveling in which the subject vehicle gets close to the other vehicle within a predetermined distance and a traveling of making the other vehicle perform an avoidance action of avoiding the subject vehicle (“Thus, the third vehicle secures the inter-vehicle securing control in which the third vehicle secures the avoidance vehicle gap for the first vehicle to change lanes by the request communication means, so the third vehicle secures the second vehicle when it makes a rounding drive It is possible for the first vehicle to change lanes between the avoidance vehicles.” [0018]).
Regarding claim 8, HIRANO discloses The drive assist apparatus according to claim 7,
HIRANO does not disclose wherein the traveling in which the subject vehicle gets close to the other vehicle and the traveling of making the other vehicle perform the avoidance action include a traveling of the subject vehicle pulling over to the other vehicle traveling along an adjacent traffic lane, a traveling of suddenly entering in front of the other vehicle to cut into a lane of the other vehicle, a traveling of the subject vehicle braking suddenly in front of the other vehicle, and an unsteady traveling of the subject vehicle around the other vehicle
However, Hiroyuki does teach wherein the traveling in which the subject vehicle gets close to the other vehicle and the traveling of making the other vehicle perform the avoidance action include a traveling of the subject vehicle pulling over to the other vehicle traveling along an adjacent traffic lane, a traveling of suddenly entering in front of the other vehicle to cut into a lane of the other vehicle, a traveling of the subject vehicle braking suddenly in front of the other vehicle, and an unsteady traveling of the subject vehicle around the other vehicle(“For example, in a situation as illustrated in FIG. 2, after the own-vehicle ca performs a right blinker operation, that is, gives a sign of a lane change, the own-vehicle ca can change the lane from the traveling lane 200M in which the own-vehicle ca is currently traveling to the right adjacent traveling lane 200R to overtake the other-vehicle cb in front.” [0090]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the traveling in which the subject vehicle gets close to the other vehicle and the traveling of making the other vehicle perform the avoidance action include a traveling of the subject vehicle pulling over to the other vehicle traveling along an adjacent traffic lane, a traveling of suddenly entering in front of the other vehicle to cut into a lane of the other vehicle, a traveling of the subject vehicle braking suddenly in front of the other vehicle, and an unsteady traveling of the subject vehicle around the other vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the traveling in which the subject vehicle gets close to the other vehicle and the traveling of making the other vehicle perform the avoidance action include a traveling of the subject vehicle pulling over to the other vehicle traveling along an adjacent traffic lane, a traveling of suddenly entering in front of the other vehicle to cut into a lane of the other vehicle, a traveling of the subject vehicle braking suddenly in front of the other vehicle, and an unsteady traveling of the subject vehicle around the other vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 9, HIRANO discloses The drive assist apparatus according to claim 2,
HIRANO does not disclose wherein the particular action includes an action of the subject vehicle using a vehicle body equipment for the other vehicle
However, Hiroyuki does teach wherein the particular action includes an action of the subject vehicle using a vehicle body equipment for the other vehicle (“That is, the own vehicle ca behind the other vehicle cb is intentionally performing tail-gate driving so that the driver of the other vehicle cb notices the presence of the own vehicle ca and feels a threat. In addition, it is considered that the driver of the host vehicle ca makes the driver of the other vehicle cb aware that the action of reducing the inter-vehicle distance is intentional or intentionally directs the driver of the other vehicle cb to feel a greater threat by the host vehicle ca performing the meandering driving to the left and right in a short cycle.”[0058 Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the particular action includes an action of the subject vehicle using a vehicle body equipment for the other vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the particular action includes an action of the subject vehicle using a vehicle body equipment for the other vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 10, HIRANO discloses The drive assist apparatus according to claim 9,
HIRANO does not disclose wherein the action using the vehicle body equipment includes a heavy use of a warning tone for the other vehicle in front of the subject vehicle or and a heavy use of flashing of lighting for the other vehicle in front of the subject vehicle
However, Hiroyuki does teach wherein the action using the vehicle body equipment includes a heavy use of a warning tone for the other vehicle in front of the subject vehicle or and a heavy use of flashing of lighting for the other vehicle in front of the subject vehicle (“In addition, the digital tachograph 10 of the present embodiment is provided with driving support functions as described in (1) to (6) below, for example:
(1) A function of outputting an alarm when the inter-vehicle distance between the own
vehicle and the preceding vehicle is too short.
(2) A function of outputting an alarm when the own vehicle deviates from the range of
the traveling lane in which the own vehicle is traveling.
(3) A function of outputting an overspeed warning when the traveling speed of the
host vehicle exceeds the speed limit of the road marking.
(4) A function of informing the driver of the presence of another vehicle approaching
from behind when the own vehicle moves forward.
(5) The function to tell a driver about existence of the surrounding obstacle etc. in
the situations at the time of retreat of a self vehicle, etc.
(6) A function of detecting a tail-gate driving by the driver of the own vehicle and outputting an alarm.” [0046]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the action using the vehicle body equipment includes a heavy use of a warning tone for the other vehicle in front of the subject vehicle or and a heavy use of flashing of lighting for the other vehicle in front of the subject vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the action using the vehicle body equipment includes a heavy use of a warning tone for the other vehicle in front of the subject vehicle or and a heavy use of flashing of lighting for the other vehicle in front of the subject vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 11, HIRANO discloses The drive assist apparatus according to claim 1, further comprising:
HIRANO does not disclose a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller
and a sound output controller performing control of outputting the assist information with a sound to the driver in accordance with instruction of the assist controller, wherein when the drive state determination unit determines that the reckless driving is performed, the display output controller performs control of displaying the assist information, and the sound output controller does not perform control of outputting the assist information with a sound, and when the drive state determination unit determines that the irritating driving is performed, the display output controller performs control of displaying the assist information, and the sound output controller performs control of outputting the assist information with a sound
However, Hiroyuki does teach a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller (“The display unit 33 displays an accident video, a hazard map, and the like in addition to the operation management screen. The storage unit 34 stores various programs such as system analysis software for displaying the image received from the digital tachograph 10 and displaying the position information of the vehicle on a map.” [0052]);
and a sound output controller performing control of outputting the assist information with a sound to the driver in accordance with instruction of the assist controller, wherein when the drive state determination unit determines that the reckless driving is performed, the display output controller performs control of displaying the assist information, and the sound output controller does not perform control of outputting the assist information with a sound, and when the drive state determination unit determines that the irritating driving is performed, the display output controller performs control of displaying the assist information, and the sound output controller performs control of outputting the assist information with a sound (“The recording unit 17 records data such as operation data and video. A memory card 65 carried by a crew member is removably connected to the card I/F18. The CPU11 writes operation date, video, and the like to the memory card 65 connected to the card I/F18. A built-in speaker 20 is connected to the audio I/F19. The speaker 20 emits a sound such as an alarm.” [0035]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller and a sound output controller performing control of outputting the assist information with a sound to the driver in accordance with instruction of the assist controller, wherein when the drive state determination unit determines that the reckless driving is performed, the display output controller performs control of displaying the assist information, and the sound output controller does not perform control of outputting the assist information with a sound, and when the drive state determination unit determines that the irritating driving is performed, the display output controller performs control of displaying the assist information with a sound.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller and a sound output controller performing control of outputting the assist information with a sound to the driver in accordance with instruction of the assist controller, wherein when the drive state determination unit determines that the reckless driving is performed, the display output controller performs control of displaying the assist information, and the sound output controller does not perform control of outputting the assist information with a sound, and when the drive state determination unit determines that the irritating driving is performed, the display output controller performs control of displaying the assist information with a sound, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 12, HIRANO discloses The drive assist apparatus according to claim 11,
HIRANO does not disclose wherein when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the display output controller performs control of displaying an empty space located in a travel destination of the subject vehicle
However, Hiroyuki does teach wherein when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the display output controller performs control of displaying an empty space located in a travel destination of the subject vehicle (“In the processing procedure shown in FIG. 7, when the blinker operation is detected, it is determined that the vehicle is not in the tilt-shift driving, but conversely, when a specific condition is satisfied, it may be determined that the vehicle is in the "tilt-shift driving" when the blinker operation is detected. For example, it is identified whether or not another lane is present as a passing lane on the right side of the lane in which the host vehicle ca is currently traveling. In a case where the passing lane is not present on the right side even though the presence of the right blinker operation is detected, it is determined that the CPU11 is "gate driving".” [0089]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the display output controller performs control of displaying an empty space located in a travel destination of the subject vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the display output controller performs control of displaying an empty space located in a travel destination of the subject vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 13, HIRANO discloses The drive assist apparatus according to claim 1, further comprising a travel output controller performing automatic control of a traveling of the subject vehicle in accordance with instruction of the assist controller (“In step S114, lane change travel control is executed as first vehicle travel control. The lane change traveling control is so-called automatic driving control that can travel the vehicle 1 by controlling the drive unit 52, the braking unit 54, and the steering unit 56, for example, regardless of the driver's driving. In particular, when the first vehicle C1 is in the first lane R1 as shown in FIG. 4 for example, lane change traveling control is control specialized for changing the lane to the second lane R2.” [0040]).
Regarding claim 14, HIRANO discloses The drive assist apparatus according to claim 13,
HIRANO does not disclose wherein when the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle changes a traffic lane to a driving lane
However, Hiroyuki does teach wherein when the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle changes a traffic lane to a driving lane(“in a case where the driver of the self-vehicle ca performs the right blinker operation in a state where the self-vehicle ca is abnormally close to the other-vehicle cb even in a situation where there is no traveling lane 200R and the lane change for passing cannot be performed, the possibility of the gate driving is high. Therefore, in addition to the determination of the meandering state of the traveling trajectory 221a, the abnormal right blinker operation is detected, and thus it is possible to improve the determination accuracy of the "tail-gate driving".” [0091]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches when the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle changes a traffic lane to a driving lane.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include when the subject vehicle and the other vehicle are located on a fast lane and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle changes a traffic lane to a driving lane, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 15, HIRANO discloses The drive assist apparatus according to claim 13,
HIRANO does not disclose wherein when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle is moved to an empty space located in a travel destination of the subject vehicle
However, Hiroyuki does teach wherein when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle is moved to an empty space located in a travel destination of the subject vehicle (“Wherein the operation information includes first information (inter-vehicle time Tab) that changes according to an inter-vehicle distance (Lab) between the vehicle and another vehicle (cb) traveling in front of the vehicle, and Second information (lateral distances DL, DLc, DR, distances DL, DLc, DR, and DRc), the second information varying in accordance with a relative positional relationship between left and right lines (212, 213) defining a driving lane (Vs1) of the automobile and the automobile in a left-right direction; and 200M A driving evaluation unit (CPU11 or 31) configured to determine whether or not dangerous driving has been performed based on a statistic of the second information in a case where it is detected that the inter-vehicle distances are shorter than normal ranges based on the first information. PC3” [0094]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle is moved to an empty space located in a travel destination of the subject vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include when the subject vehicle and the other vehicle are located on a no-passing road and the subject vehicle is located in front of the other vehicle, the drive state determination unit determines that the reckless driving or the irritating driving is performed, and the travel output controller performs the automatic control so that the subject vehicle is moved to an empty space located in a travel destination of the subject vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 16, HIRANO discloses The drive assist apparatus according to claim 1,
HIRANO does not disclose further comprising a video recording controller performing control of recording a video of a drive state where the drive state determination unit determines that the reckless driving or the irritating driving is performed in accordance with instruction of the assist controller
However, Hiroyuki does teach further comprising a video recording controller performing control of recording a video of a drive state where the drive state determination unit determines that the reckless driving or the irritating driving is performed in accordance with instruction of the assist controller(“FIG. 4 illustrates an example of a plurality of detection frames in a video frame captured by the in-vehicle camera. In the example shown in FIG. 4, seven detection frames 100A to F17 are allocated in the image frame F11. In other words, when various pattern recognitions are performed in the image frame 100A, by limiting the image-data processing range to any one of the detection frames F11 to F17 for each object to be recognized, it is possible to increase the processing speed and reduce erroneous detection.” [0065]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches a video recording controller performing control of recording a video of a drive state where the drive state determination unit determines that the reckless driving or the irritating driving is performed in accordance with instruction of the assist controller.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include a video recording controller performing control of recording a video of a drive state where the drive state determination unit determines that the reckless driving or the irritating driving is performed in accordance with instruction of the assist controller, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 17, HIRANO discloses The drive assist apparatus according to claim 16,
HIRANO does not disclose wherein the video recording controller performs control of recording the video in an external server
However, Hiroyuki does teach wherein the video recording controller performs control of recording the video in an external server (“That is, when an abnormal situation such as a collision of a vehicle on which the digital tachograph 10 is mounted is detected, a trigger signal is output, and data including an image can be automatically recorded and stored for a predetermined time in synchronization with the trigger.” [0031] and “The office PC30 functions as an operation management apparatus, and includes a CPU31, a communication unit 32, a display unit 33, a storage unit 34, a card I / F35, an operation unit 36, an outputting unit 37, a voice I / F38, and an external I / F48.” [0050]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the video recording controller performs control of recording the video in an external server
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the video recording controller performs control of recording the video in an external server, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 18, HIRANO discloses The drive assist apparatus according to claim 16,
HIRANO does not disclose further comprising a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller, wherein the display output controller performs control of displaying the video recorded by controlling the video recording controller
However, Hiroyuki does teach further comprising a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller, wherein the display output controller performs control of displaying the video recorded by controlling the video recording controller(“FIG. 4 illustrates an example of a plurality of detection frames in a video frame captured by the in-vehicle camera. In the example shown in FIG. 4, seven detection frames 100A to F17 are allocated in the image frame F11. In other words, when various pattern recognitions are performed in the image frame 100A, by limiting the image-data processing range to any one of the detection frames F11 to F17 for each object to be recognized, it is possible to increase the processing speed and reduce erroneous detection.” [0065]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller, wherein the display output controller performs control of displaying the video recorded by controlling the video recording controller.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include a display output controller performing control of displaying assist information of assisting driving for the driver in accordance with instruction of the assist controller, wherein the display output controller performs control of displaying the video recorded by controlling the video recording controller, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 19, HIRANO discloses The drive assist apparatus according to claim 16,
HIRANO does not disclose wherein the drive state determination unit determines whether or not the subject vehicle performs the irritating driving based on an action of the other vehicle for the subject vehicle, and when the drive state determination unit determines that the subject vehicle performs the irritating driving, the video recording controller performs control of recording a drive state of the subject vehicle before the action of the other vehicle
However, Hiroyuki does teach wherein the drive state determination unit determines whether or not the subject vehicle performs the irritating driving based on an action of the other vehicle for the subject vehicle, and when the drive state determination unit determines that the subject vehicle performs the irritating driving, the video recording controller performs control of recording a drive state of the subject vehicle before the action of the other vehicle(“FIG. 4 illustrates an example of a plurality of detection frames in a video frame captured by the in-vehicle camera. In the example shown in FIG. 4, seven detection frames 100A to F17 are allocated in the image frame F11. In other words, when various pattern recognitions are performed in the image frame 100A, by limiting the image-data processing range to any one of the detection frames F11 to F17 for each object to be recognized, it is possible to increase the processing speed and reduce erroneous detection.” [0065]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches wherein the drive state determination unit determines whether or not the subject vehicle performs the irritating driving based on an action of the other vehicle for the subject vehicle, and when the drive state determination unit determines that the subject vehicle performs the irritating driving, the video recording controller performs control of recording a drive state of the subject vehicle before the action of the other vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include wherein the drive state determination unit determines whether or not the subject vehicle performs the irritating driving based on an action of the other vehicle for the subject vehicle, and when the drive state determination unit determines that the subject vehicle performs the irritating driving, the video recording controller performs control of recording a drive state of the subject vehicle before the action of the other vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Regarding claim 20, HIRANO discloses A drive assist method, comprising:
and performing control of assisting driving of the driver of the subject vehicle tn accordance with each of a case where the reckless driving is performed and a case where the irritating driving is performed (“That is, when it is detected that the first vehicle C1, which is the own vehicle, is being shook by the second vehicle C2 based on the image analysis of the image of the rear camera 22, the overrun determination unit 30 mounted on the first vehicle C1 detects 1 Vehicle travel control is executed (steps S10 and S12). In addition, when it is detected that the first vehicle C1 is being shook by the second vehicle C2 which is the own vehicle, the second vehicle travel control is executed (step S14). , S16). Furthermore, when it is detected that the first vehicle C1 is being shook by the second vehicle C2 and the own vehicle is the third vehicle C3 according to the overdrive request signal inputted by the receiving unit 62, the third vehicle travels. Control is executed (steps S18 and S20). In this manner, it is possible to determine whether the host vehicle corresponds to the first vehicle C1, the second vehicle C2, or the third vehicle C3, and to execute control corresponding to each.” [0035]).
HIRANO does not disclose determining a drive state including reckless driving intentionally performed by a driver of a subject vehicle on another vehicle and irritating driving accidentally performed by a driver of a subject vehicle but irritating a driver of another vehicle
However, Hiroyuki does teach determining a drive state including reckless driving intentionally performed by a driver of a subject vehicle on another vehicle and irritating driving accidentally performed by a driver of a subject vehicle but irritating a driver of another vehicle(“Wherein the operation information includes first information (inter-vehicle time Tab) that changes according to an inter-vehicle distance (Lab) between the vehicle and another vehicle (cb) traveling in front of the vehicle, and Second information (lateral distances DL, DLc, DR, distances DL, DLc, DR, and DRc), the second information varying in accordance with a relative positional relationship between left and right lines (212, 213) defining a driving lane (Vs1) of the automobile and the automobile in a left-right direction; and 200M A driving evaluation unit (CPU11 or 31) configured to determine whether or not dangerous driving has been performed based on a statistic of the second information in a case where it is detected that the inter-vehicle distances are shorter than normal ranges based on the first information. PC3” [0094]). Both HIRANO and Hiroyuki teach methods for determining reckless and abnormal driving behavior. However, Hiroyuki explicitly teaches determining a drive state including reckless driving intentionally performed by a driver of a subject vehicle on another vehicle and irritating driving accidentally performed by a driver of a subject vehicle but irritating a driver of another vehicle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the reckless driving method of HIRANO to also include determining a drive state including reckless driving intentionally performed by a driver of a subject vehicle on another vehicle and irritating driving accidentally performed by a driver of a subject vehicle but irritating a driver of another vehicle, with a reasonable expectation of success as in Hiroyuki. Doing so improves safety for operating a vehicle by detecting unsafe operation of surrounding vehicles (With regard to this reasoning, see at least [Hiroyuki, 0014 - 0022]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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AHMED ALKIRSHExaminer, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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