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 .
The current application filed on Dec. 13, 2022 related to a foreign priority data JP2021-204035 filed on Dec. 16, 2021.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/26/2026 has been entered.
Response to Arguments
Applicant's arguments filed 03/26/2026 have been fully considered but are not persuasive to overcome the rejection. Examiner responds to the Applicant’s argument as the following reasons:
Regarding the Claimed Rejection under 103: Applicant argues that Kaino does not vary the notification mode based on whether autonomous driving control is performed or not (see page 7). Examiner disagrees to the Applicant’s argument.
Kaino teaches at [0052]-[0068] that the controller 10 causes the center display 41, the meter device, and the HUD image to notify different messages such as “CHECK” for “Emergency STOP”, “LANE IS CHANGED”, and “ABOUT TO STOP” with options to select “Continue” or “Cancel. At [0053], one of the options selected by the operations of the center console operation device 34 is shown in a different mode (color is changed) for operator can distinguish presence or absence of the selection which meets the scope of “cause said notification device to perform said surround notification in a first mode when said traveling control being performed includes the autonomous driving control, and in a second mode different from said first mode when said traveling control being perform does not include the autonomous driving control”.
The claimed rejection under 103 is updated as shown below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaino (20210323568).
With regard to claim 1, Kaino discloses a vehicle includes a control system 100 as shown in Fig.1 & Fig. apparatus comprising:
a control unit that performs a traveling control regarding a travel of a vehicle, when a driver of said vehicle has fallen into an inappropriate state where a condition of said driver is not appropriate for driving said vehicle (the vehicle control system 100 includes a controller unit 10 controls vehicle’s actuators for traveling, see [0035]-[0036], a in-vehicle camera 20 detects the driver’s status (abnormal) which the driver is in a state where it is difficult to drive the vehicle, see [0037] & [0051]+) ; and
a notification device that performs a surround notification to notify a person around said vehicle of an execution of said traveling control when said traveling control is performed (Fig. 4a-4C notifies of driver abnormality, vehicle’s autonomous performance, and etc., see [0053]-[0055]+, and an audio output device 44 outputs a message “the vehicle is stopped. Please check the safety around the vehicle when you get out”, see [0068]+ or the controller 10 turns on a hazard warning lamp of the vehicle 1, blows a horn, and blinks a brake lamp to notify vehicles around the vehicle 1, and etc., see [0057]+),
wherein, said control unit is configured to:
select, as said traveling control, at least two controls of: an in-lane stop control to stop said vehicle in a traveling lane in which said vehicle is traveling, a road shoulder stop control to stop said vehicle on a road shoulder of a road that includes said traveling lane, and an autonomous driving control to autonomously drive said vehicle to a predetermined destination (Fig.3 shows a processing chart that the vehicle control unit selects automatically decelerating the vehicle, lane changing if needed or moving to road shoulder and stop when the driver unresponsive (determining specified time elapsed at step s13), see [0049]-[0055]+, wherein lane change or should stop are predetermined destination when the operator (driver) is abnormal, see [0023]-[0024]+);
perform said traveling control that is selected when said driver has fallen into said inappropriate state (determine whether the vehicle has to change the lane in order to stop the vehicle at the safe location, or a road shoulder or autonomous driving control, and etc. when detecting the driver abnormally, see [0040] & [0062]); and
cause said notification device to perform said surround notification in a first mode when said traveling control being performed includes the autonomous driving control, and in a second mode different from said first mode when said traveling control being perform does not include the autonomous driving control (the controller 10 causes the center display 41, the meter device, and the HUD image to notify different messages such as “CHECK” for “Emergency STOP”, “LANE IS CHANGED”, and “ABOUT TO STOP” with options to select “Continue” or “Cancel, see [0052]-[0068]+. One of the options selected by the operations of the center console operation device 34 is shown in a different mode (color is changed) for operator can distinguish presence or absence of the selection, see [0053]+).
Although Kaino’s disclosure is not described as same world languages but Examiner interprets the center console operation device providing different operation modes with different notifications which are equivalent as the claimed subject matter of “perform said traveling control that is selected when said driver has fallen into said inappropriate state; and cause said notification device to perform said surround notification in a first mode when said traveling control being performed includes the autonomous driving control, and in a second mode different from said first mode when said traveling control being perform does not include the autonomous driving control”. For this reason, Kaino is obvious suggestively, if not anticipatory, of the claimed subject matter.
With regard to claim 2, Kaino teaches that the vehicle control apparatus according to claim 1, wherein, said control unit is configured to: perform at least one of said road shoulder stop control and said autonomous driving control; and start causing said notification device to perform said surround notification before said vehicle deviates from said traveling lane due to a course change of said vehicle, when performing one of said road shoulder stop control and said autonomous driving control (the controller 10 causes the audio output device to output advanced driver assistance system warning sound several times, and controlling vehicle stop, stop at shoulder lane, or autonomous driving when detecting the diver in abnormal state, see [0049], [0052]-[0053]+) .
With regard to claim 3, Kaino vehicle control apparatus according to claim 1, wherein, said control unit is configured to:
perform said autonomous driving control; perform at least one of said in-lane stop control and said road shoulder stop control (the controller 10 executes automated driving of the vehicle more specifically, the automatic stop control for automatically stopping the vehicle emergently, see [0040] & performing change lane to stop the vehicle at the safe location or on a road shoulder, see [0062]+),
wherein, said notification device includes a specific notification device that performs said surround notification of when said autonomous driving control is performed (central display show messages to the occupants (people in the vehicle) when the vehicle performs autonomous driving control, see [0053]-[0055]+), and
wherein, said control unit is configured to: cause said specific notification device to perform said surround notification of when said autonomous driving control is performed, when performing said autonomous driving control, so that a mode of said surround notification of when said autonomous driving control is performed is different from a mode of said surround notification of when said in-lane stop control or said road shoulder stop control is performed (the controller 10 causes the audio output device to output advanced driver assistance system warning sound several times, and controlling vehicle stop, stop at shoulder lane, or autonomous driving when detecting the diver in abnormal state, see [0049], [0052]-[0053]+) .
.
With regard to claim 4, Kaino discloses a vehicle control apparatus comprising:
a control unit that performs a traveling control regarding a travel of a vehicle, when a driver of said vehicle has fallen into an inappropriate state where a condition of said driver is not appropriate for driving said vehicle (the vehicle control system 100 includes a controller unit 10 controls vehicle’s actuators for traveling, see [0035]-[0036], a in-vehicle camera 20 detects the driver’s status (abnormal) which the driver is in a state where it is difficult to drive the vehicle, see [0037] & [0051]+) ; and
a notification device that performs a surround notification to notify a person outside of said vehicle of an execution of said traveling control when said traveling control is performed (the controller 10 causes the audio output device to output advanced driver assistance system warning sound several times, and controlling vehicle stop, stop at shoulder lane, or autonomous driving when detecting the diver in abnormal state, see [0049], [0052]-[0053]+),
wherein, said control unit is configured to: perform, as said traveling control, one of (i) an in-lane stop control to stop said vehicle in a traveling lane in which said vehicle is traveling, (ii) a road shoulder stop control to stop said vehicle on a road shoulder of a road that includes said traveling lane, (iii) an autonomous driving control to autonomously drive said vehicle to a predetermined destination, depending on a surrounding of said vehicle, when said driver has fallen into said inappropriate state (determine whether the vehicle has to change the lane in order to stop the vehicle at the safe location, or a road shoulder or autonomous driving control, and etc., see [0040] & [0062]); and
cause said notification device to perform said surround notification in a first mode when said traveling control being performed includes the autonomous driving control, and in a second mode different from said first mode when said traveling control being perform does not include the autonomous driving control (the controller 10 causes the center display 41, the meter device, and the HUD image to notify different messages such as “CHECK” for “Emergency STOP”, “LANE IS CHANGED”, and “ABOUT TO STOP” with options to select “Continue” or “Cancel, see [0052]-[0068]+. One of the options selected by the operations of the center console operation device 34 is shown in a different mode (color is changed) for operator can distinguish presence or absence of the selection, see [0053]+).
Although Kaino’s disclosure is not described as same world languages but Examiner interprets the center console operation device providing different operation modes with different notifications which are equivalent as the claimed subject matter of “perform said traveling control that is selected when said driver has fallen into said inappropriate state; and cause said notification device to perform said surround notification in a first mode when said traveling control being performed includes the autonomous driving control, and in a second mode different from said first mode when said traveling control being perform does not include the autonomous driving control”. For this reason, Kaino is obvious suggestively, if not anticipatory, of the claimed subject matter.
With regard to claim 5, Kaino teaches that the vehicle control apparatus according to claim 1, wherein the notification device that performs the surround notification is configured to notify the person around said vehicle while the vehicle is traveling and the person is outside of the vehicle (notify other vehicles around vehicle 1 that the vehicle 1 is under the automatic stop control, see [0057]+).
With regard to claim 6, Kaino teaches that the vehicle control apparatus according to claim 1, wherein the mode of the surround notification includes at least one of blinking hazard lamps on an exterior of the vehicle and activating a horn of the vehicle, depending on said traveling control selected to be performed (the controller 10 keeps turning on of the hazard warning lamp, keeps blowing the horn and keeps blinking, see [0057]+).
With regard to claim 7, Kaino teaches that the vehicle control apparatus according to claim 1, wherein the autonomous driving control is performed along a traveling route, from a current position to the destination, until the vehicle reaches the destination (vehicle’s control system includes a controller 10, a position system 30 which determines the vehicle’s current position, a navigation system 31 which stores map information therein and provide the map information to the controller for performing traveling to any desired destination, see [0042]-[0043]+).
Prior Arts Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kondo (JP2022149775) discloses a travel control device/method which controls a vehicle to perform an operation in response to a peripheral state of the vehicle (see the abstract).
Matsunaga (20220011768) discloses a control device of a vehicle including an automated traveling unit capable of executing automated traveling functions includes an acquisition unit for acquiring information regarding a use state of a remote driving service for the vehicle (see the abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGA X NGUYEN whose telephone number is (571)272-5217. The examiner can normally be reached M-F 5:30AM - 2:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JELANI SMITH can be reached on 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NGA X NGUYEN/Primary Examiner, Art Unit 3662
Prosecution Insights