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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08-27-2026 has been entered.
Response to Amendment
Claims 1, 8, and 15 have been amended.
Claims 2-3, 9-10, 16, and 18-19 have been cancelled.
There are no new claims.
Claims 1, 4-8, 11-15, 17, and 20 are currently pending.
The official correspondence below is an after non-final.
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) 1, 4-8, and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (US 20190016316 A1) in view of Pilkington (US 20210171033 A1), in further view of Kusano (US 20170291615 A1) in further view of Oshida (US 20210309195 A1).
REGARDING CLAIM 1, as amended, Sung discloses, a detection step of detecting driving information of a vehicle surrounding a host vehicle (Sung: [0035] FIG. 2 shows a vehicle disposed with detectors for detecting vehicles behind and to sides; [0066] Referring to FIG. 1 and FIG. 2, the vehicle 1 may include a detector 200 for detecting an object in front of the vehicle 1 to obtain information related to at least one of position and moving speed of the object) and driving information of the host vehicle (Sung: [0079] information regarding status or operation of the vehicle 1); a scenario deciding step of determining a driving state of the host vehicle (Sung: [0022] determining a collision avoidance control area) using the driving information of the vehicle surrounding the host vehicle (Sung: [0022] based on the at least one of position information and speed information related to the object) and the driving information of the host vehicle (Sung: [0092] estimated Time To Collision (TTC) of the vehicle 1 against the object based on a relative distance and a relative speed between the vehicle 1 and the object), a control method deciding step of setting a target acceleration of the host vehicle (Sung: [0091] The controller 100 may increase or decrease the driving speed of the vehicle 1 to increase or decrease the distance between the vehicle to an object based on the distance between the vehicle 1 and the object and a predetermined reference distance stored in the storage) and a control step of controlling the host vehicle based on the determined control method (Sung: [0091] The controller 100 may increase or decrease the driving speed of the vehicle 1 to increase or decrease the distance between the vehicle to an object based on the distance between the vehicle 1 and the object and a predetermined reference distance stored in the storage 90. [0092] Furthermore, the controller 100 may determine an estimated Time To Collision (TTC) of the vehicle 1 against the object based on a relative distance and a relative speed between the vehicle 1 and the object, and may send a signal to control the driving speed of the vehicle 1 to the speed controller 70 based on the determined TTC).
Sung does not explicitly disclose, and determining whether the driving state of the host vehicle matches a preset scenario from a set of preset scenarios; in response to determination that the driving state of the host vehicle matches the preset scenario, and determining a control method for a driving control and a braking control of the host vehicle following the target acceleration; wherein the preset scenarios comprise one of a vehicle-speed control situation, a front vehicle following control situation of the vehicle, or a stop control situation of the vehicle, wherein the scenario deciding step comprises automatically classifying the current driving state of the host vehicle by matching detected driving information against stored thresholds or conditions of the preset scenarios, each of the preset scenarios associated with distinct control logic for acceleration and braking, and wherein the control method deciding step comprises deciding a preset control type corresponding to the decided preset scenario, and calculating the target acceleration to correspond to the preset control type.
However, in the same field of endeavor, Pilkington discloses, and determining whether the driving state of the host vehicle matches a preset scenario (Pilkington: [0010] The driver information device 18 may also include a switch or touchscreen input for the driver to enable or disable functions of the vehicle, including the adaptive cruise control function; [0015] The control logic 20 analyzes the information received from the camera 16, radar 14 and other sensors on the vehicle to determine if automated driving, such as lane-keeping and adaptive cruise control, can be initiated and maintained; [0016] The control logic determines the system is inactive, determines if the vehicle speed is at or above a minimum speed and determines if a predetermined time has passed) from a set of preset scenarios (Pilkington: [0010] The driver information device 18 may also include a switch or touchscreen input for the driver to enable or disable functions of the vehicle, including the adaptive cruise control function; [0017] The first mode may be a default set by the equipment manufacturer or the vehicle owner; [0024] second mode may include transmitting a signal to the engine controller 26 to request an increase in the maximum governed vehicle cruise control speed); in response to determination that the driving state of the host vehicle matches the preset scenario (Pilkington: [0020] In step 48, the control logic 20 determines if a predetermined amount of time has passed … If the predetermined time has not passed, the method 40 returns to step 44 and ACC remains inactive. If the predetermined amount of time has passed, the method 40 continues to step 50; [ABS] determines if the vehicle speed is at or above a minimum speed, determines if a predetermined time has passed and activates adaptive cruise control without a driver intervention; [0003]), and determining a control method for a driving control and a braking control (Pilkington: [0008] The radar 14 is used to determine the steady-state longitudinal distance so that the adaptive cruise control system can maintain that distance with a target vehicle. The information from the radar 14 is used in requesting engine, retarder and brake torque control accordingly; [0017] In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode; [0024] the control logic 20 will set the vehicle settings in a second mode … request an increase in the maximum governed vehicle cruise control speed) of the host vehicle following the target acceleration (Pilkington: [0080] The radar 14 is used to determine the steady-state longitudinal distance so that the adaptive cruise control system can maintain that distance with a target vehicle. The information from the radar 14 is used in requesting engine, retarder and brake torque control accordingly; [0017] In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode; [0024] as long as the vehicle remains outside the preset following distance); wherein the preset scenarios comprise one of a vehicle-speed control situation, a front vehicle following control situation of the vehicle, or a stop control situation of the vehicle (Pilkington: [0010] a display device that communicates additional information to the driver about the status of the vehicle functions. The driver information device 18 may also include a switch or touchscreen input for the driver to enable or disable functions of the vehicle, including the adaptive cruise control function; [0008] The radar 14 is used to determine the steady-state longitudinal distance so that the adaptive cruise control system can maintain that distance with a target vehicle. The information from the radar 14 is used in requesting engine, retarder and brake torque control accordingly; [0024] the control logic 20 will set the vehicle settings in a second mode … request an increase in the maximum governed vehicle cruise control speed … as long as the vehicle remains outside the preset following distance), wherein the scenario deciding step comprises automatically classifying the current driving state of the host vehicle (Pilkington: [ABS]; [0008]; [0016-0017]; [0028], a method of activating adaptive cruise control (ACC) comprises determining ACC is inactive, receiving a speed of the host vehicle, determining that the speed is at or above a minimum speed, determining that a predetermined amount of time has passed and activating ACC without driver intervention) by matching detected driving information against stored thresholds or conditions of the preset scenarios (Pilkington: [ABS]; [0011]; [0016-0017]; [0028] Therefore, a method of activating adaptive cruise control (ACC) comprises determining ACC is inactive, receiving a speed of the host vehicle, determining that the speed is at or above a minimum speed, determining that a predetermined amount of time has passed and activating ACC without driver intervention), each of the preset scenarios associated with distinct control logic for acceleration and braking (Pilkington: [0008-0009] The vehicle system 10 includes at least one brake control device 24. The at least one brake control device 24 is responsive to control signals to affect braking of the vehicle; [0013] The vehicle system 10 includes a braking system controller 12. The braking system controller 12 can perform adaptive cruise control (ACC), stability control and antilock braking functions ... alerts regarding following distance. The controller 12 may directly control the at least one brake control device), and wherein the control method deciding step comprises deciding a preset control type (Pilkington: [0028] Therefore, a method of activating adaptive cruise control (ACC) comprises determining ACC is inactive, receiving a speed of the host vehicle, determining that the speed is at or above a minimum speed, determining that a predetermined amount of time has passed and activating ACC without driver intervention) corresponding to the decided preset scenario (Pilkington: [0020] In step 48, the control logic 20 determines if a predetermined amount of time has passed since the vehicle has been above the minimum speed as determined in step 46. In one example, the predetermined amount of time is about three minutes. The predetermined amount of time can be between two minutes and five minutes. In another embodiment, the predetermined time can be programmed in the control logic 20 by the equipment manufacturer or the vehicle owner. If the predetermined time has not passed, the method 40 returns to step 44 and ACC remains inactive. If the predetermined amount of time has passed, the method 40 continues to step 50), and calculating the target acceleration to correspond to the preset control type (Pilkington: [0008] The radar 14 is used to determine the steady-state longitudinal distance so that the adaptive cruise control system can maintain that distance with a target vehicle (examiner: maintaining a distance implies accelerating /decelerating /change in velocity)), for the benefit of fewer following distance warnings communicated over the driver information device (examiner: driver comfort).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Sung to include matching from a set of preset scenarios taught by Pilkington. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to reduce following distance warnings communicated over the driver information device (examiner: driver comfort).
Sung, as modified, does not explicitly disclose, the front vehicle following control situation of the vehicle comprises a confident control situation and a conjunction control situation, wherein when the decided preset scenario is the confident control situation.
However, in the same field of endeavor, Kusano discloses, the front vehicle following control situation of the vehicle comprises a confident control situation (Kusano: [0055] the confidence evaluation module(s) 170 can be configured to identify one or more semi-autonomous modes or features (e.g., cruise control, adaptive cruise control, lane keeping, etc.) that the vehicle 100 is capable of performing) and a conjunction control situation (Kusano: [0091] arrangements described herein can improve occupant comfort within the vehicle; [0019] semi-autonomous operational mode is when an adaptive cruise control system is activated. In such case, the speed of a vehicle can be automatically adjusted to maintain a safe distance from a vehicle ahead), wherein when the decided preset scenario is the confident control situation (Kusano: [0029] images can include emoticons corresponding to confidence in autonomous operations of the vehicle … The confidence icon data 117 can be obtained by the vehicle 100 in any suitable manner, or it can be provided by an entity (e.g., a user, another vehicle, a vehicle manufacturer)), for the benefit of arrangements described herein can improve occupant comfort within the vehicle.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Sung to include autonomous control confidence taught by Kusano. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to arrangements described herein can improve occupant comfort within the vehicle.
Sung, as modified, does not explicitly disclose, the control method deciding step comprises setting the target acceleration to maintain a constant deceleration after changing a speed up to a certain deceleration and forming the certain deceleration, and wherein when the decided preset scenario is the conjunction control situation, the control method deciding step comprises setting the target acceleration to linearly change.
However, in the same field of endeavor, Oshida discloses, the control method deciding step comprises setting the target acceleration (Oshida: [0042] during the adaptive cruise control, the control section 62 calculates a target value of the acceleration (hereinafter referred to as target acceleration) or a target value of the deceleration (hereinafter referred to as target deceleration) on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle) to maintain a constant deceleration (Oshida: [0070] under a situation where the deceleration of the motorcycle 100 remains constant) after changing a speed up to a certain deceleration (Oshida: [0042] during the adaptive cruise control, the control section 62 calculates a target value of the acceleration (hereinafter referred to as target acceleration) or a target value of the deceleration (hereinafter referred to as target deceleration) on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle) and forming the certain deceleration (Oshida: [0070] under a situation where the deceleration of the motorcycle 100 remains constant), and wherein when the decided preset scenario is the conjunction control situation (Oshida: [0042] during the adaptive cruise control, the control section 62 calculates a target value of the acceleration (hereinafter referred to as target acceleration) or a target value of the deceleration (hereinafter referred to as target deceleration) on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle ... [0041] in the adaptive cruise control, each of acceleration and deceleration of the motorcycle 100 is controlled to be equal to or lower than an upper limit value of such extent that does not worsen the driver's comfort; [ABS] appropriately executing adaptive cruise control for a straddle-type vehicle while securing a driver's comfort), the control method deciding step comprises setting the target acceleration to linearly change (Oshida: [0008] the braking force distribution between the front and rear wheels is increased with the lapse of time; [0054]), for the benefit of increased driver comfort.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Sung to include smooth acceleration/deceleration taught by Kusano. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to increased driver comfort.
REGARDING CLAIM 4, Sung in view of Pilkington remains as applied above to claim 3, and further, Pilkington also discloses, the preset control type is changeable according to driving mode set by a driver (Pilkington: [0010]), wherein the driving mode comprises a comfort mode, a sports mode, an eco mode, a smart mode, a custom mode (Pilkington: [0025]), or a snow mode.
REGARDING CLAIM 5, Sung in view of Pilkington remains as applied above to claim 1, and further, Sung also discloses, the control step of controlling the vehicle comprises: controlling a stroke of an accelerator pedal or a brake pedal (Sung: [FIG. 9B, 10B]; [0090]).
REGARDING CLAIM 6, Sung in view of Pilkington remains as applied above to claim 1, and further, Sung also discloses, controlling a torque of an engine or a brake (Sung: [FIG. 9B, 10B]; [0090]).
REGARDING CLAIM 7, Sung in view of Pilkington remains as applied above to claim 1, and further, Pilkington also discloses, in response to determination that the driving state of the host vehicle does not match the preset scenario (Pilkington: [0002]), setting the target acceleration of the host vehicle using the driving information of the vehicle surrounding the host vehicle (Pilkington: [0008]) and the driving information of the host vehicle (Pilkington: [0008] speed and direction with respect to the vehicle).
REGARDING CLAIM 8, as amended, Sung discloses, a detection unit for detecting driving information of a vehicle surrounding a host vehicle (Sung: [0035]; [0066]) and driving information of a the host vehicle (Sung: [0079]); a scenario decision unit includes a processor for determining a driving state of the host vehicle (Sung: [0022]) using the driving information of the vehicle surrounding the host vehicle (Sung: [0022]) and the driving information of the host vehicle (Sung: [0092]), a control method decision unit for setting a target acceleration of the host vehicle (Sung: [0091]) and a control unit for controlling the host vehicle based on the determined control method decided by the control method decision unit (Sung: [0091-0092]).
Sung does not explicitly disclose, and determining whether the driving state of the host vehicle matches a preset scenario from a set of preset scenarios; in response to determination that the driving state of the host vehicle matches the preset scenario, and determining a control method for a driving control and a braking control of the host vehicle following the target acceleration; wherein the preset scenarios comprise one of a vehicle-speed control situation, a front vehicle following control situation of the vehicle, or a stop control situation of the vehicle, wherein the scenario deciding step comprises automatically classifying the current driving state of the host vehicle by matching detected driving information against stored thresholds or conditions of the preset scenarios, each of the preset scenarios associated with distinct control logic for acceleration and braking, and wherein the control method deciding step comprises deciding a preset control type corresponding to the decided preset scenario, and calculating the target acceleration to correspond to the preset control type.
However, in the same field of endeavor, Pilkington discloses, and determining whether the driving state of the host vehicle matches a preset scenario (Pilkington: [0010]; [0015-0016]) from a set of preset scenarios (Pilkington: [0010]; [0017]; [0024]); in response to determination that the driving state of the host vehicle matches the preset scenario (Pilkington: [0020]; [ABS]; [0003]), and determining a control method for a driving control and a braking control (Pilkington: [0008]; [0017]; [0024]) of the host vehicle following the target acceleration (Pilkington: [0080]; [0017]; [0024]); wherein the preset scenarios comprise one of a vehicle-speed control situation, a front vehicle following control situation of the vehicle, or a stop control situation of the vehicle (Pilkington: [0010]; [0008]; [0024]), wherein the scenario deciding step comprises automatically classifying the current driving state of the host vehicle (Pilkington: [ABS]; [0008]; [0016-0017]; [0028]) by matching detected driving information against stored thresholds or conditions of the preset scenarios (Pilkington: [ABS]; [0011]; [0016-0017]; [0028]), each of the preset scenarios associated with distinct control logic for acceleration and braking (Pilkington: [0008-0009] The vehicle system 10 includes at least one brake control device 24. The at least one brake control device 24 is responsive to control signals to affect braking of the vehicle; [0013]), and wherein the control method deciding step comprises deciding a preset control type (Pilkington: [0028] Therefore, a method of activating adaptive cruise control (ACC) comprises determining ACC is inactive, receiving a speed of the host vehicle, determining that the speed is at or above a minimum speed, determining that a predetermined amount of time has passed and activating ACC without driver intervention) corresponding to the decided preset scenario (Pilkington: [0020] In step 48, the control logic 20 determines if a predetermined amount of time has passed since the vehicle has been above the minimum speed as determined in step 46. In one example, the predetermined amount of time is about three minutes. The predetermined amount of time can be between two minutes and five minutes. In another embodiment, the predetermined time can be programmed in the control logic 20 by the equipment manufacturer or the vehicle owner. If the predetermined time has not passed, the method 40 returns to step 44 and ACC remains inactive. If the predetermined amount of time has passed, the method 40 continues to step 50), and calculating the target acceleration to correspond to the preset control type (Pilkington: [0008] The radar 14 is used to determine the steady-state longitudinal distance so that the adaptive cruise control system can maintain that distance with a target vehicle (examiner: maintaining a distance implies accelerating /decelerating /change in velocity)), for the benefit of fewer following distance warnings communicated over the driver information device (examiner: driver comfort).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Sung to include matching from a set of preset scenarios taught by Pilkington. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to reduce following distance warnings communicated over the driver information device (examiner: driver comfort).
Sung, as modified, does not explicitly disclose, the front vehicle following control situation of the vehicle comprises a confident control situation and a conjunction control situation, wherein when the decided preset scenario is the confident control situation.
However, in the same field of endeavor, Kusano discloses, the front vehicle following control situation of the vehicle comprises a confident control situation (Kusano: [0055] the confidence evaluation module(s) 170 can be configured to identify one or more semi-autonomous modes or features (e.g., cruise control, adaptive cruise control, lane keeping, etc.) that the vehicle 100 is capable of performing) and a conjunction control situation (Kusano: [0091] arrangements described herein can improve occupant comfort within the vehicle; [0019] semi-autonomous operational mode is when an adaptive cruise control system is activated. In such case, the speed of a vehicle can be automatically adjusted to maintain a safe distance from a vehicle ahead), wherein when the decided preset scenario is the confident control situation (Kusano: [0029] images can include emoticons corresponding to confidence in autonomous operations of the vehicle … The confidence icon data 117 can be obtained by the vehicle 100 in any suitable manner, or it can be provided by an entity (e.g., a user, another vehicle, a vehicle manufacturer)), for the benefit of arrangements described herein can improve occupant comfort within the vehicle.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Sung to include autonomous control confidence taught by Kusano. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to arrangements described herein can improve occupant comfort within the vehicle.
Sung, as modified, does not explicitly disclose, the control method deciding step comprises setting the target acceleration to maintain a constant deceleration after changing a speed up to a certain deceleration and forming the certain deceleration, and wherein when the decided preset scenario is the conjunction control situation, the control method deciding step comprises setting the target acceleration to linearly change.
However, in the same field of endeavor, Oshida discloses, the control method deciding step comprises setting the target acceleration (Oshida: [0042] during the adaptive cruise control, the control section 62 calculates a target value of the acceleration (hereinafter referred to as target acceleration) or a target value of the deceleration (hereinafter referred to as target deceleration) on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle) to maintain a constant deceleration (Oshida: [0070] under a situation where the deceleration of the motorcycle 100 remains constant) after changing a speed up to a certain deceleration (Oshida: [0042] during the adaptive cruise control, the control section 62 calculates a target value of the acceleration (hereinafter referred to as target acceleration) or a target value of the deceleration (hereinafter referred to as target deceleration) on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle) and forming the certain deceleration (Oshida: [0070] under a situation where the deceleration of the motorcycle 100 remains constant), and wherein when the decided preset scenario is the conjunction control situation (Oshida: [0042] during the adaptive cruise control, the control section 62 calculates a target value of the acceleration (hereinafter referred to as target acceleration) or a target value of the deceleration (hereinafter referred to as target deceleration) on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle ... [0041] in the adaptive cruise control, each of acceleration and deceleration of the motorcycle 100 is controlled to be equal to or lower than an upper limit value of such extent that does not worsen the driver's comfort; [ABS] appropriately executing adaptive cruise control for a straddle-type vehicle while securing a driver's comfort), the control method deciding step comprises setting the target acceleration to linearly change (Oshida: [0008] the braking force distribution between the front and rear wheels is increased with the lapse of time; [0054]), for the benefit of increased driver comfort.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Sung to include smooth acceleration/deceleration taught by Kusano. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to increased driver comfort.
REGARDING CLAIM 11, Sung in view of Pilkington remains as applied above to claim 10, and further, Pilkington also discloses, the preset control type is changeable according to a driver's setting (Pilkington: [0010] The driver information device 18 may also include a switch or touchscreen input for the driver to enable or disable functions of the vehicle, including the adaptive cruise control function).
REGARDING CLAIM 12, Sung in view of Pilkington remains as applied above to claim 8, and further, Sung also discloses, the control unit controls a displacement of an accelerator pedal or a brake pedal (Sung: [FIG. 9B, 10B]; [0090]).
REGARDING CLAIM 13, Sung in view of Pilkington remains as applied above to claim 8, and further, Sung also discloses, the control unit controls a torque of an engine or a brake (Sung: [FIG. 9B, 10B]; [0090]).
REGARDING CLAIM 14, Sung in view of Pilkington remains as applied above to claim 8, and further, Pilkington also discloses, in response to determination that the driving state of the host vehicle does not match the preset scenario (Pilkington: [0002]), the control method decision unit sets the target acceleration of the host vehicle using the driving information of the vehicle surrounding the host vehicle (Pilkington: [0008]) and the driving information of the host vehicle (Pilkington: [0008]).
Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pilkington (US 20210171033 A1) in view of Takamatsu (US 20200298842 A1), Choi (US 20130151047 A1), and Yamakado (US 20180111615 A1).
REGARDING CLAIM 15, Pilkington discloses, a determination unit for determining a driving schedule of a vehicle (Pilkington: [0011]; [0015-0020]) based on information about a road on which the vehicle is driven (Pilkington: [0015]); and a control unit for controlling the vehicle based on the driving schedule (Pilkington: [0016-0017]), wherein the information about the road comprises one of an inclination of the road, a curvature of the road, a condition of a road surface, or a combination thereof (Pilkington: [0015]) wherein the determination unit decides the driving schedule of the vehicle based on a driving mode of the vehicle (Pilkington: [0016-0017]; [0024]) wherein the driving schedule comprises one of a deceleration time point, an acceleration time point, an acceleration level, a braking time point, a braking level of the vehicle, or a combination thereof (Pilkington: ¶'s [0016-0027]; [0015] for lane-keep and curvature of a road).
The examiner respectfully submits, Pilkington discloses, the determination unit decides the driving schedule of the vehicle based on a driving mode of the vehicle wherein the driving schedule comprises one of a deceleration time point, an acceleration time point, an acceleration level, a braking time point, a braking level of the vehicle, or a combination thereof.
However, in the alternative, and in the same field of endeavor, Choi discloses, the determination unit decides the driving schedule of the vehicle based on a driving mode of the vehicle (Cho: see [0017, 0068-0072] for scheduler; see [0018-0019, 0079-0083] for mode), wherein the driving schedule comprises one of a deceleration time point, an acceleration time point, an acceleration level, a braking time point, a braking level of the vehicle, or a combination thereof (Cho: see [0017, 0068-0072] for scheduler; see [0018-0019, 0079-0083] for mode), for the benefit of optimal control and energy efficiency of an electric vehicle.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Pilkington to include determining a sequence based upon a mode taught by Choi. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to include optimal control and energy efficiency of an electric vehicle.
The examiner respectfully Pilkington, as modified, discloses, the driving schedule comprises one of a deceleration time point, an acceleration time point, an acceleration level, a braking time point, a braking level of the vehicle, or a combination thereof.
However, in the alternative and in the same field of endeavor, Takamatsu discloses, the determination unit decides the driving schedule of the vehicle based on a driving mode of the vehicle wherein the driving schedule comprises one of a deceleration time point, an acceleration time point, an acceleration level, a braking time point, a braking level of the vehicle, or a combination thereof (Takamatsu: [0245]), for the benefit of preventing rapid accelerations/decelerations to achieve smooth driving without stepwise changes in the speed.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Pilkington to include determining smooth operation of a vehicle based upon an autonomous driving mode taught by Takamatsu. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to prevent rapid accelerations/decelerations to achieve smooth driving without stepwise changes in the speed.
Pilkington, as modified, does not explicitly to disclose, the deceleration time point comprises at least one of an acceleration command release time point or a coasting entry time point, and wherein the determination unit sets the acceleration command release time point to be earlier or later than a reference time point corresponding to a flat land, based on whether the inclination of the road corresponds to a downhill path or an uphill path.
However, in the same field of endeavor, Yamakado discloses, the deceleration time point comprises at least one of an acceleration command release time point or a coasting entry time point (Yamakado: [ABS] a coasting travel estimation unit that estimates a change in speed of the vehicle on the road on the basis of the estimation value for the set travel resistance; [0006] a travel schedule is generated in which coasting is started at a position before the crest where the road changes from an upslope to a downslope, and the vehicle passes through the crest without change and advances to the downslope), and wherein the determination unit sets the acceleration command release time point to be earlier or later than a reference time point corresponding to a flat land (Yamakado: [ABS] a coasting travel estimation unit that estimates a change in speed of the vehicle on the road on the basis of the estimation value for the set travel resistance; [0006] a travel schedule is generated in which coasting is started at a position before the crest where the road changes from an upslope to a downslope, and the vehicle passes through the crest without change and advances to the downslope), based on whether the inclination of the road corresponds to a downhill path or an uphill path (Yamakado: [ABS] a coasting travel estimation unit that estimates a change in speed of the vehicle on the road on the basis of the estimation value for the set travel resistance; [0006] a travel schedule is generated in which coasting is started at a position before the crest where the road changes from an upslope to a downslope, and the vehicle passes through the crest without change and advances to the downslope), for the benefit of improved economy and fewer operations.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Pilkington to include coasting taught by Yamakado. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to improved economy and fewer operations.
REGARDING CLAIM 17, Pilkington, as modified, remains as applied above to claim 15, and further, Pilkington, as modified, discloses, the driving mode comprises a comfort mode, a sports mode, an eco mode, a smart mode, a custom mode, or a snow mode (Pilkington: see at least [0017] “The first mode may be a default set by the equipment manufacturer or the vehicle owner”).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pilkington (US 20210171033 A1) in view of Choi (US 20130151047 A1), Takamatsu (US 20200298842 A1), and Yamakado (US 20180111615 A1) as applied to claim 15 above, and further in view of Sung (US 20190016316 A1).
REGARDING CLAIM 20, Pilkington, as modified, remains as applied above to claim 15, and further, Pilkington, as modified, does not explicitly disclose, the determination unit decides the braking level based on one of an inclination of a road, a condition of a road surface, and a combination thereof.
However, in the same field of endeavor, Sung discloses, the determination unit decides the braking level based on one of an inclination of a road, a condition of a road surface, and a combination thereof (Sung: [0007] an amount of braking applied to the vehicle by accounting for conditions of a road), for the benefit of sending a signal to warn of a collision with the object and an amount of braking of the vehicle based on the changed collision avoidance control area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Pilkington to include considering road condition for braking taught by Sung. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to send a signal to warn of a collision with the object and an amount of braking of the vehicle based on the changed collision avoidance control area.
Response to Arguments
Applicant’s arguments with respect to the rejection of the independent claim(s) under 35 USC §103, obviousness, have been considered but are moot because the new ground of rejection does not rely on the reference combination applied in the prior rejection of record for matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Li (US 20170297586 A1)
DaCosta (US 20180336510 A1)
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/A.S./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
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