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 11-14, 16-18, 20-23, 25-27, & 29-33 of U.S. Application No. 18/017314 filed on 01/12/2026 have been examined.
Office Action is in response to the Applicant's amendments and remarks filed01/12/2026. Claims 11, 16, 20, & 25 are presently amended. Claims 1-10, 15, 19, 24, & 28 are cancelled and Claims 30-33 are newly added. Claims 11-14, 16-18, 20-23, & 25-27, & 29-33 are presently pending and are presented for examination.
Response to Arguments
In regards to the previous rejection under 35 U.S.C. § 103: Applicant argues that the prior art does not disclose the limitations “detecting detected information by a first vehicle, said detected information characterizing the functional quality of a driver assistance function or being relevant to the functional quality of the driver assistance function; determining the functional quality of the driver assistance function predicted for a specific route section for a second vehicle on a basis of the detected information from the first vehicle including the availability of the driver assistance function experienced by the first vehicle, and using a computing device for the second vehicle that is identical to or different from the first vehicle”. Applicant further argues on pages. 10-11 of the Remarks, “There is no disclosure of this vehicle receiving the availability of the driver assistance function for another vehicle and making a decision of whether the functionality of its own driver assistance is available. Further, there is no disclosure of this same vehicle transmitting its own availability to the server 10 so that another, different vehicle could use that information in its own decision making for the availability of that other vehicle's assistance system… However, there is no disclosure of any vehicle transmitting the availability of its own driver assistance function its own availability to the server 10. Similarly, nor is there disclosure of the server aggregating that information or sending the availability of any vehicle's assistance system to other different vehicles… In summary, Poechmueller fails to disclose (1) that any vehicle transmits the availability of its own driver assistance system as experienced by that vehicle to the server or to a different vehicle; and (2) that the server or any vehicle makes a determination of the availability of its own driver assistance system or the functional quality of a driver assistance function predicted for a route section based on the past availability of a driver assistance system experienced by another vehicle ( or even the past availability experienced by itself). The other cited prior art fails to remedy this shortcoming”. Examiner respectfully disagrees. Applicant is reminded claims must be given their broadest reasonable interpretation. As recited in the previous office action, Poechmueller discloses receiving sensor information that is aggregated from multiple journeys of one or more vehicles over the same location positions (see at least Poechmueller, para. [0033]). This data shows what the first vehicle or multiple vehicles have experienced and further the computing units of the vehicle also recognize when certain driver assistance systems are available for certain sections of the route based on the information received from the vehicle or multiple vehicles (see at least Poechmueller, para. [0034]). The availability of driver assistance systems shows what the vehicle(s) experienced and also indicate reliability/quality depending on the age of the data when aggregated (see at least Poechmueller, para. [0035]). This shows that the vehicle(s) of Poechmueller discloses the availability of the driver assistance system of each vehicle including the first vehicle and what it experienced when transmitting the data (see at least Poechmueller para. [0034-0035]). In view of the arguments above, the 103 rejection is maintained.
Applicant’s remaining arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new grounds of rejection is made in view of US 2022/0332347A1 (“Rottkamp”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11-14, 16-18, 20-23, 25-27, 29, 31 & 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102011082398A (“Poechmueller”), in view of US 2021/0199463A1 (“Kitahara”).
As per claim 11 Poechmueller discloses
A method for predicting a functional quality of a driver assistance function comprising (see at least Poechmueller, para. [0012]: In a further embodiment, a quality of the available additional information is considered in a decision on the presentation of the additional information. In this case, for example, the age of the additional information or the accuracy of the additional information can be taken into account. The quality of the additional information can be transmitted, for example, with a separate identifier together with the additional information or stored.):
detecting detected information by a first vehicle, said detected information characterizing the functional quality of a driver assistance function or being relevant to the functional quality of the driver assistance function (see at least Poechmueller, para. [0010] & para. [0024]: Furthermore, from the sensors 6 For example, detects an ambient brightness such as day or night and to the computing unit 3 be transmitted. For example, a driver assistance system based on recognition of lane markings cannot be used if the brightness, rain or fog is too low. & para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicle 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy.),
the detected information including an availability of the driver assistance function experienced by the first vehicle (see at least Poechmueller, para. [0034-0035]: In this way, the vehicle's computing units recognize that the additional information for certain driver assistance systems is available for certain sections of the route. In addition, the availability of driver assistance systems may be given based on the additional information available… In a further embodiment, the quality information can take into account the age of the data aggregated on the further computing unit 10. If the data was recently collected or recently confirmed by vehicles, the data is of high quality. If the data is older, for example older than three months, and the data has not been confirmed by several vehicles, the quality of the data drops below a threshold, for example);
determining the functional quality of the driver assistance function predicted for a specific route section for a second vehicle on a basis of the detected information from the first vehicle including the availability of the driver assistance function experienced by the first vehicle, and using a computing device for the second vehicle that is identical to or different from the first vehicle (see at least Poechmueller, para. [0023]: Furthermore, the computing unit 3 can check, based on the additional information available, whether the functionality of a driver assistance system is ensured. If this is the case, the computing unit 3 can display the availability of the driver assistance system on the corresponding sections of the route. For example, different symbols and/or different colors can be selected for different driver assistance systems. In addition, the computing unit 3 can, taking into account the additional information available, use further data, which are recorded, for example, via the sensors 6, to determine whether the functionality of a specific driver assistance system is guaranteed. & para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicles 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy. The aggregated data represent high-quality data and are transmitted to the vehicles by the additional computing unit 10, which also has an interface 11 for sending and receiving data. For example, location positions of certain traffic signs and location positions of certain road geometries are transmitted to the vehicles. These can be taken into account by the vehicle’s corresponding driver assistance systems. & para. [0038]: Depending on the embodiment selected, the information which sections of a road network, in particular the planned route, a driver assistance system of the vehicle is available can be determined by the further computing unit 10 and transmitted to the computing unit 3 of the vehicle. The computing unit 3 can verify the plausibility of this information with the help of further information that is determined used the sensors 6 of the vehicle 1.); and
outputting information relating to the predicted functional quality for the specific route section for the second vehicle by an output device in a manner perceivable to a vehicle occupant of the second vehicle (see at least Poechmueller, Fig. 2 & para. [0027-0028]: Fig. 2 shows a schematic representation of a display unit 4 in the form of a display on which a road map with the route 8 to be traveled is shown…Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance systems is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available, or on which the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colors…),
wherein, at least one of: the information is detected by accessing a control system of the first vehicle (see at least Poechmueller, para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicles 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy. The aggregated data represent high-quality data and are transmitted to the vehicles by the additional computing unit 10, which also has an interface 11 for sending and receiving data. For example, location positions of certain traffic signs and location positions of certain road geometries are transmitted to the vehicles. These can be taken into account by the vehicle’s corresponding driver assistance systems.), and/or
the predicted functional quality is determined by accessing data which are provided by a control system of the second vehicle (see at least Poechmueller, para. [0023]: Furthermore, the computing unit 3 can check, based on the additional information available, whether the functionality of a driver assistance system is ensured. If this is the case, the computing unit 3 can display the availability of the driver assistance system on the corresponding sections of the route. For example, different symbols and/or different colors can be selected for different driver assistance systems. In addition, the computing unit 3 can, taking into account the additional information available, use further data, which are recorded, for example, via the sensors 6, to determine whether the functionality of a specific driver assistance system is guaranteed. & para. [0038]: Depending on the embodiment selected, the information which sections of a road network, in particular the planned route, a driver assistance system of the vehicle is available can be determined by the further computing unit 10 and transmitted to the computing unit 3 of the vehicle. The computing unit 3 can verify the plausibility of this information with the help of further information that is determined used the sensors 6 of the vehicle 1.), and
determining that the predicted functional quality of the driver assistance function for the specific route section for the second vehicle is insufficient prior to the second vehicle arriving at the specific route section (see at least Poechmueller, para. [0034]: In addition, the availability of driver assistance systems may be given based on the additional information available. For route sections for which additional information for a driver assistance system is available, the computing unit 3 can mark the corresponding driver assistance system as available in the map display or the route list. In a corresponding manner, the route sections in which the additional information required for a driver assistance system is not available can be marked as route sections in which the additional information is not available or the corresponding driver assistance system is not available. & para. [0036]: The external processing unit also has information about which additional information each driver assistance system requires in order to function correctly. In order to indicate whether the driver assistance system is available on a section of the route or not, the external computing unit 10 can transmit availability information to the vehicle in this case. The vehicle can then use the availability information to show in the display unit 4 or route list which driver assistance systems are available on which route sections. For example, this information can be taken into account for route planning by the navigation system. In particular, when planning further routes, a tired driver may prefer route sections with the availability of a fully automatic driving function of the vehicle and give them greater weight than a shorter or more economical route.).
However Poechmueller does not explicitly disclose
automatically deactivating the driver assistance function of the second vehicle prior to the second vehicle arriving at the specific route section in response to the predicted functional quality of the driver assistance function for the specific route section being determined to be insufficient.
Kitahara teaches
automatically deactivating the driver assistance function of the second vehicle prior to the second vehicle arriving at the specific route section in response to the predicted functional quality of the driver assistance function for the specific route section being determined to be insufficient (see at least Kitahara, para. [0030]: The map stored on the server can be updated sequentially based on the probe data collected by each of multiple vehicles. para. [0035]: A patch with a high accuracy level can be used for advanced driving support such as autonomous driving. On the other hand, for a patch with a low accuracy level, the application is restricted not to be used for autonomous driving. As a result, the patch obtained with high accuracy can be effectively utilized, and the patch with low accuracy can be prevented from being mistakenly applied to a safer application such as autonomous driving. & para. [0166]: Since the coordinates of the landmark 63 included in the map tile are calculated based on a plurality of probe data, there may be statistical variation. The map system 1 assigns an accuracy level based on statistical variability for each map tile. Then, the application that uses the map information is restricted according to the accuracy level. The operation flow of the map system 1 will be described with reference to FIG. 10.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Poechmueller to incorporate the teaching of automatically deactivating the driver assistance function of the second vehicle prior to the second vehicle arriving at the specific route section in response to the predicted functional quality of the driver assistance function for the specific route section being determined to be insufficient of Kitahara, with a reasonable expectation of success, in order efficiently ensure the accuracy of the map information (see at least Kitahara, para. [0030]).
As per claim 12 Poechmueller discloses
wherein the information relating to the predicted functional quality is output by a graphically presented map comprising the route section (see at least Poechmueller, Fig. 2 & para. [0027-0028]: Fig. 2 shows a schematic representation of a display unit 4 in the form of a display on which a road map with the route 8 to be traveled is shown…Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance systems is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available, or on which the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colors…).
As per claim 13 Poechmueller discloses
wherein the information relating to the predicted functional quality comprises a prediction indicating whether the driver assistance function will be available in the route section (see at least Poechmueller, Fig. 2 & para. [0027-0028]: Fig. 2 shows a schematic representation of a display unit 4 in the form of a display on which a road map with the route 8 to be traveled is shown…Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance systems is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available, or on which the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colors…).
As per claim 14 Poechmueller discloses
wherein the detected information is stored and processed in a backend system distanced from the first vehicle and the second vehicle (see at least Poechmueller, Fig. 4 & para. [0033-0036]: The further computing unit 10 collects the information of many vehicles 1….In a further embodiment, a decision regarding the availability of a driver assistance system can be made on the external computing unit 10. The external processing unit also has information about which additional information each driver assistance system requires in order to function correctly. In order to indicate whether the driver assistance system is available on a section of the route or note, the external computing unit 10 can transmit availability information to the vehicle in this case.).
As per claim 16 Poechmueller discloses
wherein the functional quality is determined taking account of information which relates to at least one element from the following list:
a road layout in the route section;
an environment model which is provided by the control system of the second vehicle; and/or information detected by an environment sensor system of the second vehicle (see at least Poechmueller, para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicles 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy. The aggregated data represent high-quality data and are transmitted to the vehicles by the additional computing unit 10, which also has an interface 11 for sending and receiving data. For example, location positions of certain traffic signs and location positions of certain road geometries are transmitted to the vehicles. These can be taken into account by the vehicle’s corresponding driver assistance systems.).
As per claim 17 Poechmueller discloses
wherein the information relating to the predicted functional quality is provided to a control system of the second vehicle (see at least Poechmueller, Fig. 4 & para. [0033-0036]: The further computing unit 10 collects the information of many vehicles 1….In a further embodiment, a decision regarding the availability of a driver assistance system can be made on the external computing unit 10. The external processing unit also has information about which additional information each driver assistance system requires in order to function correctly. In order to indicate whether the driver assistance system is available on a section of the route or note, the external computing unit 10 can transmit availability information to the vehicle in this case.).
As per claim 18 Poechmueller discloses
further comprising: controlling the driver assistance function of the second vehicle on a basis of the predicted functional quality (see at least Poechmueller, para. [0020]: The computing unit 3 has a data memory 7. In addition, the computing unit 3 is connected to an output unit 4, for example a loudspeaker or an optical display. Furthermore, the vehicle 1 has a driver assistance system 5, which, for example, enables the vehicle to independently guide itself along a route, has automatic cruise control, has an automatic distance control system, has automatic emergency braking, etc. In addition, further sensors 6 are provided, which are connected to the computing unit 3 and/or the driver assistance system 5. The driver assistance system 5 can also be connected to the computing unit 3. & para. [0028]: Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance system is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colours. For example, the section of the route on which the additional information or driver assistance system is available can be marked green. In contrast, the sections where the additional information or driver assistance system is not available are marked in red. This information may be of particular interest, for example, in a fully automated driving function such as automated driving. Using the representation of marked sections as shown in Fig. 2, a driver can plan his journey sensibly and, for example, For example, rest breaks or telephone calls can be distributed over those phases of the route in which, for example, an automatic driving function is offered. For example, a truck driver can plan his rest breaks in the sections of the route where fully automated driving is offered.).
As per claim 20 Poechmueller discloses
A system for predicting a functional quality of a driver assistance function (see at least Poechmueller, para. [0012]: In a further embodiment, a quality of the available additional information is considered in a decision on the presentation of the additional information. In this case, for example, the age of the additional information or the accuracy of the additional information can be taken into account. The quality of the additional information can be transmitted, for example, with a separate identifier together with the additional information or stored.), comprising:
at least one computing device configured to:
receive information that characterizes the functional quality of a driver assistance function or is relevant to the functional quality of the driver assistance function, wherein the information has been detected by a first vehicle (see at least Poechmueller, para. [0010] & para. [0024]: Furthermore, from the sensors 6 For example, detects an ambient brightness such as day or night and to the computing unit 3 be transmitted. For example, a driver assistance system based on recognition of lane markings cannot be used if the brightness, rain or fog is too low. & para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicle 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy.); and
comprises empirical data relating to the functional quality of the driver assistance function experienced by the first vehicle (see at least Poechmueller, para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicle 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy. The aggregated data represent high-quality data and are transmitted to the vehicles by the additional computing unit 10, which also has an interface 11 for sending and receiving data. For example, location positions of certain traffic signs and location positions of certain road geometries are transmitted to the vehicles. These can be taken into account by the vehicle’s corresponding driver assistance systems.)
including an availability of the driver assistance function experienced by the first vehicle (see at least Poechmueller, para. [0034-0035]: In this way, the vehicle's computing units recognize that the additional information for certain driver assistance systems is available for certain sections of the route. In addition, the availability of driver assistance systems may be given based on the additional information available… In a further embodiment, the quality information can take into account the age of the data aggregated on the further computing unit 10. If the data was recently collected or recently confirmed by vehicles, the data is of high quality. If the data is older, for example older than three months, and the data has not been confirmed by several vehicles, the quality of the data drops below a threshold, for example);
determine, on a basis of the detected information from the first vehicle including the availability of the driver assistance function experienced by the first vehicle, the functional quality of the driver assistance function predicted for a route section for a second vehicle which is identical to the first vehicle or differs therefrom (see at least Poechmueller, para. [0023]: Furthermore, the computing unit 3 can check, based on the additional information available, whether the functionality of a driver assistance system is ensured. If this is the case, the computing unit 3 can display the availability of the driver assistance system on the corresponding sections of the route. For example, different symbols and/or different colors can be selected for different driver assistance systems. In addition, the computing unit 3 can, taking into account the additional information available, use further data, which are recorded, for example, via the sensors 6, to determine whether the functionality of a specific driver assistance system is guaranteed. & para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicles 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy. The aggregated data represent high-quality data and are transmitted to the vehicles by the additional computing unit 10, which also has an interface 11 for sending and receiving data. For example, location positions of certain traffic signs and location positions of certain road geometries are transmitted to the vehicles. These can be taken into account by the vehicle’s corresponding driver assistance systems. & para. [0038]: Depending on the embodiment selected, the information which sections of a road network, in particular the planned route, a driver assistance system of the vehicle is available can be determined by the further computing unit 10 and transmitted to the computing unit 3 of the vehicle. The computing unit 3 can verify the plausibility of this information with the help of further information that is determined used the sensors 6 of the vehicle 1.)
determine that the predicted functional quality of the driver assistance function for the specific route section for the second vehicle is insufficient prior to the second vehicle arriving at the specific route section (see at least Poechmueller, para. [0034]: In addition, the availability of driver assistance systems may be given based on the additional information available. For route sections for which additional information for a driver assistance system is available, the computing unit 3 can mark the corresponding driver assistance system as available in the map display or the route list. In a corresponding manner, the route sections in which the additional information required for a driver assistance system is not available can be marked as route sections in which the additional information is not available or the corresponding driver assistance system is not available. & para. [0036]: The external processing unit also has information about which additional information each driver assistance system requires in order to function correctly. In order to indicate whether the driver assistance system is available on a section of the route or not, the external computing unit 10 can transmit availability information to the vehicle in this case. The vehicle can then use the availability information to show in the display unit 4 or route list which driver assistance systems are available on which route sections. For example, this information can be taken into account for route planning by the navigation system. In particular, when planning further routes, a tired driver may prefer route sections with the availability of a fully automatic driving function of the vehicle and give them greater weight than a shorter or more economical route.).
However Poechmueller does not explicitly disclose
automatically deactivate the driver assistance function of the second vehicle prior to the second vehicle arriving at the specific route section in response to the predicted functional quality of the driver assistance function for the specific route section being determined to be insufficient.
Kitahara teaches
automatically deactivate the driver assistance function of the second vehicle prior to the second vehicle arriving at the specific route section in response to the predicted functional quality of the driver assistance function for the specific route section being determined to be insufficient (see at least Kitahara, para. [0030]: The map stored on the server can be updated sequentially based on the probe data collected by each of multiple vehicles. para. [0035]: A patch with a high accuracy level can be used for advanced driving support such as autonomous driving. On the other hand, for a patch with a low accuracy level, the application is restricted not to be used for autonomous driving. As a result, the patch obtained with high accuracy can be effectively utilized, and the patch with low accuracy can be prevented from being mistakenly applied to a safer application such as autonomous driving. & para. [0166]: Since the coordinates of the landmark 63 included in the map tile are calculated based on a plurality of probe data, there may be statistical variation. The map system 1 assigns an accuracy level based on statistical variability for each map tile. Then, the application that uses the map information is restricted according to the accuracy level. The operation flow of the map system 1 will be described with reference to FIG. 10.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Poechmueller to incorporate the teaching of automatically deactivate the driver assistance function of the second vehicle prior to the second vehicle arriving at the specific route section in response to the predicted functional quality of the driver assistance function for the specific route section being determined to be insufficient of Kitahara, with a reasonable expectation of success, in order efficiently ensure the accuracy of the map information (see at least Kitahara, para. [0030]).
As per claim 21 Poechmueller discloses
wherein the output device comprises a display configured to output information relating to the predicted functional quality by a graphically presented map comprising the route section (see at least Poechmueller, Fig. 2 & para. [0027-0028]: Fig. 2 shows a schematic representation of a display unit 4 in the form of a display on which a road map with the route 8 to be traveled is shown…Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance systems is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available, or on which the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colors…).
As per claim 22 Poechmueller discloses
wherein the information relating to the predicted functional quality comprises a prediction indicating whether the driver assistance function will be available in the route section (see at least Poechmueller, Fig. 2 & para. [0027-0028]: Fig. 2 shows a schematic representation of a display unit 4 in the form of a display on which a road map with the route 8 to be traveled is shown…Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance systems is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available, or on which the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colors…).
As per claim 23 Poechmueller discloses
further comprising a backend system distanced from the first vehicle and the second vehicle, wherein the backend system is configured to store and process the detected information (see at least Poechmueller, Fig. 4 & para. [0033-0036]: The further computing unit 10 collects the information of many vehicles 1….In a further embodiment, a decision regarding the availability of a driver assistance system can be made on the external computing unit 10. The external processing unit also has information about which additional information each driver assistance system requires in order to function correctly. In order to indicate whether the driver assistance system is available on a section of the route or note, the external computing unit 10 can transmit availability information to the vehicle in this case.).
As per claim 25 Poechmueller discloses
wherein the computing device is configured to determine the functional quality taking account of information which relates to at least one element from the following list:
a road layout in the route section;
an environment model which is provided by the control system of the second vehicle;
information detected by an environment sensor system of the second vehicle (see at least Poechmueller, para. [0032-0033]: Fig. 4 shows a schematic representation of a system for collecting information using vehicles 1. The vehicle 1 determine based on the sensors present in the vehicle 1, such as: a video sensor, a radar sensor, or other sensors information about the road being driven on...For example, when a traffic sign is passed several times at one position, it can be recognized with a high degree of reliability and positional accuracy. The aggregated data represent high-quality data and are transmitted to the vehicles by the additional computing unit 10, which also has an interface 11 for sending and receiving data. For example, location positions of certain traffic signs and location positions of certain road geometries are transmitted to the vehicles. These can be taken into account by the vehicle’s corresponding driver assistance systems.).
As per claim 26 Poechmueller discloses
wherein the computing device is configured to provide the information relating to the predicted functional quality to a control system of the second vehicle (see at least Poechmueller, Fig. 4 & para. [0033-0036]: The further computing unit 10 collects the information of many vehicles 1….In a further embodiment, a decision regarding the availability of a driver assistance system can be made on the external computing unit 10. The external processing unit also has information about which additional information each driver assistance system requires in order to function correctly. In order to indicate whether the driver assistance system is available on a section of the route or note, the external computing unit 10 can transmit availability information to the vehicle in this case.).
As per claim 27 Poechmueller discloses
wherein the computing device is configured to control the driver assistance function of the second vehicle on a basis of the predicted functional quality (see at least Poechmueller, para. [0020]: The computing unit 3 has a data memory 7. In addition, the computing unit 3 is connected to an output unit 4, for example a loudspeaker or an optical display. Furthermore, the vehicle 1 has a driver assistance system 5, which, for example, enables the vehicle to independently guide itself along a route, has automatic cruise control, has an automatic distance control system, has automatic emergency braking, etc. In addition, further sensors 6 are provided, which are connected to the computing unit 3 and/or the driver assistance system 5. The driver assistance system 5 can also be connected to the computing unit 3. & para. [0028]: Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance system is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colours. For example, the section of the route on which the additional information or driver assistance system is available can be marked green. In contrast, the sections where the additional information or driver assistance system is not available are marked in red. This information may be of particular interest, for example, in a fully automated driving function such as automated driving. Using the representation of marked sections as shown in Fig. 2, a driver can plan his journey sensibly and, for example, For example, rest breaks or telephone calls can be distributed over those phases of the route in which, for example, an automatic driving function is offered. For example, a truck driver can plan his rest breaks in the sections of the route where fully automated driving is offered.).
As per claim 29 Poechmueller discloses
further comprising: an output device configured to output information relating to the predicted functional quality in a manner perceivable to a vehicle occupant of the second vehicle (see at least Poechmueller, Fig. 2 & para. [0027-0028]: Fig. 2 shows a schematic representation of a display unit 4 in the form of a display on which a road map with the route 8 to be traveled is shown…Depending on the embodiment chosen, the expanded representation of sections 9 may also indicate that a specific driver assistance systems is functional on this section of the route. The display 4 can, for example, be part of a navigation system. The sections of the route on which additional information for the driver assistance system is available, or on which the driver assistance system is available or on which the driver assistance system is functional can also be marked accordingly using colors…).
As per claim 31 Poechmueller does not explicitly disclose
wherein the output device that displays the output information relating to the predicted functional quality by a graphically presented map comprising the route section comprises an mobile device separate from the second vehicle.
However Kitahara teaches
wherein the output device that displays the output information relating to the predicted functional quality by a graphically presented map comprising the route section comprises an mobile device separate from the second vehicle (see at least Kitahara, para. [0035]: A patch with a high accuracy level can be used for advanced driving support such as autonomous driving. On the other hand, for a patch with a low accuracy level, the application is restricted not to be used for autonomous driving. As a result, the patch obtained with high accuracy can be effectively utilized, and the patch with low accuracy can be prevented from being mistakenly applied to a safer application such as autonomous driving. para. [0061]: The HMI 60 is a user interface for notifying the user of various information and for the user to transmit a predetermined operation to the vehicle. As the HMI 60, for example, a display attached to a car navigation device, a display built in an instrument panel, a head-up display projected on a windshield, a microphone, a speaker, and the like can be adopted. Furthermore, a mobile terminal such as a smartphone that is communicably connected to the vehicle can also be an HMI 60 in the map system 1.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Poechmueller to incorporate the teaching of wherein the output device that displays the output information relating to the predicted functional quality by a graphically presented map comprising the route section comprises an mobile device separate from the second vehicle of Kitahara, with a reasonable expectation of success, in order efficiently ensure the accuracy of the map information (see at least Kitahara, para. [0030]).
As per claim 33 Poechmueller does not explicitly disclose
displaying the prediction indicating whether the driver assistance function will be available in the route section on a mobile device separate from the second vehicle.
However Kitahara teaches
displaying the prediction indicating whether the driver assistance function will be available in the route section on a mobile device separate from the second vehicle (see at least Kitahara, para. [0061]: The HMI 60 is a user interface for notifying the user of various information and for the user to transmit a predetermined operation to the vehicle. As the HMI 60, for example, a display attached to a car navigation device, a display built in an instrument panel, a head-up display projected on a windshield, a microphone, a speaker, and the like can be adopted. Furthermore, a mobile terminal such as a smartphone that is communicably connected to the vehicle can also be an HMI 60 in the map system 1. & para. [0299]: For example, when the position of the own vehicle cannot be specified or the map data cannot be acquired, the main processor 40 notifies the occupants that the automatic driving function of level three or higher cannot be executed via the HMI 60. In the above, the case where the map data is configured to be distributed in map tile units has been illustrated. Alternatively, the same feature may be applied to the case where the map data is configured to be distributed in patch units. That is, it can be implemented by replacing the above map tile with a patch or a patch-corresponding area.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Poechmueller to incorporate the teaching of displaying the prediction indicating whether the driver assistance function will be available in the route section on a mobile device separate from the second vehicle of Kitahara, with a reasonable expectation of success, in order efficiently ensure the accuracy of the map information (see at least Kitahara, para. [0030]).
Claim(s) 30 & 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poechmueller, in view of Kitahara, in view of US 2022/0332347A1 (“Rottkamp”).
As per claim 30 Poechmueller does not explicitly disclose
wherein the computing device is configured to determine the functional quality taking account of information which relates to at least one of a software version of the second vehicle and/or hardware of the second vehicle.
Rottkamp teaches
wherein the computing device is configured to determine the functional quality taking account of information which relates to at least one of a software version of the second vehicle and/or hardware of the second vehicle (see at least Rottkamp, para. [0032]: Alternatively or additionally, it is also possible to take into account a predicted connection quality for the wireless communication connection when planning the route. For example, it is possible that no optimal software module is available for at least one section of an optimal route to determine driving interventions for this, since this software module is not stored locally and the wireless connection to the vehicle-external device on which this software module is stored is disrupted at the current vehicle position. In some cases, it may be possible to plan the route in such a way that, before reaching a position for which the suitable software module is not available, a region with a presumably high connection quality is traversed, so that the corresponding software module can be reloaded in good time.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Poechmueller to incorporate the teaching of wherein the computing device is configured to determine the functional quality taking account of information which relates to at least one of a software version of the second vehicle and/or hardware of the second vehicle of Rottkamp, with a reasonable expectation of success, to additionally monitor the software modules for diagnostic purposes using a monitoring software module when driving interventions take place abruptly or when undesired or even critical driving situations occur (see at least Rottkamp, para. [0038]).
As per claim 32 Poechmueller does not explicitly disclose
wherein the functional quality is determined taking account of information which relates to at least one of a software version of the second vehicle and/or hardware of the second vehicle.
Rottkamp teaches
wherein the functional quality is determined taking account of information which relates to at least one of a software version of the second vehicle and/or hardware of the second vehicle (see at least Rottkamp, para. [0032]: Alternatively or additionally, it is also possible to take into account a predicted connection quality for the wireless communication connection when planning the route. For example, it is possible that no optimal software module is available for at least one section of an optimal route to determine driving interventions for this, since this software module is not stored locally and the wireless connection to the vehicle-external device on which this software module is stored is disrupted at the current vehicle position. In some cases, it may be possible to plan the route in such a way that, before reaching a position for which the suitable software module is not available, a region with a presumably high connection quality is traversed, so that the corresponding software module can be reloaded in good time.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Poechmueller to incorporate the teaching of wherein the functional quality is determined taking account of information which relates to at least one of a software version of the second vehicle and/or hardware of the second vehicle of Rottkamp, with a reasonable expectation of success, to additionally monitor the software modules for diagnostic purposes using a monitoring software module when driving interventions take place abruptly or when undesired or even critical driving situations occur (see at least Rottkamp, para. [0038]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668