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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06-23-2025 has been entered.
The official correspondence below is a first action non-final on an RCE.
Response to Amendment
Claims 1, 8, have been amended.
Claims 2, 9, 16, and 18 were previously cancelled.
There are no new claims.
Claims 1, 3-8, 10-15, 17, and 19-20 are currently pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “a scenario decision unit for determining” in claim 8.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. Specifically, one or more processors (microprocessors).
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Examiner Note
In the official correspondence below, a “schedule”, for software/firmware/controller, is interpretation as a program that arranges jobs or operations into an appropriate sequence (e.g., determining thresholds and operating a vehicle based upon determinations.
In the official correspondence below, turning is interpreted as an “acceleration”, because it involves a change in velocity, which is defined by both speed and direction. When speed remains constant, a change in direction means the velocity is changing in a plurality of directions, and a change in velocity is what acceleration is. Thus, mapping prior art that recites a turn to a limitation claiming “acceleration/deceleration” is a parallel teaching.
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, 3-8, and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (US 20190016316 A1) in view of Pilkington (US 20210171033 A1).
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.
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] A controller and method for activating adaptive cruise control systems are presented. The controller includes an input for receiving a speed of the host vehicle and a processor having control logic. The control logic determines the system is inactive, 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; [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; [0016] Therefore, a controller for an adaptive cruise control system in a host vehicle comprises an input for receiving a speed of the host vehicle and a processor having control logic. 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; [0017] FIG. 2 illustrates a method 40 to activate adaptive cruise control (ACC) according to one example of this invention. Method 40 begins with step 42. In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode. The first mode may be a default set by the equipment manufacturer or the vehicle owner. Other preset vehicle settings are contemplated. A following distance alert may be preset to activate when the following distance between the host vehicle and a target vehicle in the first mode is between about 3.2 seconds and 3.7 seconds. In another example, the following distance alerts will be activated at a following distance of 3.5 seconds. In addition, the vehicle can be governed by the engine controller 26 so as not to exceed a maximum speed regardless of the driver throttle input. A maximum vehicle speed for the first mode may be preset between about 55 miles per hour and 62 miles per hour; [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) by matching detected driving information against stored thresholds or conditions of the preset scenarios (Pilkington: [ABS] A controller and method for activating adaptive cruise control systems are presented. The controller includes an input for receiving a speed of the host vehicle and a processor having control logic. The control logic determines the system is inactive, 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; [0011] The engine controller 26 may include preset conditions for engaging cruise control, for example, minimum vehicle speed, maximum vehicle speed, cruise control governing speed, override capabilities and cruise control cancelation requirements; [0016] Therefore, a controller for an adaptive cruise control system in a host vehicle comprises an input for receiving a speed of the host vehicle and a processor having control logic. 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; [0017] FIG. 2 illustrates a method 40 to activate adaptive cruise control (ACC) according to one example of this invention. Method 40 begins with step 42. In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode. The first mode may be a default set by the equipment manufacturer or the vehicle owner. Other preset vehicle settings are contemplated. A following distance alert may be preset to activate when the following distance between the host vehicle and a target vehicle in the first mode is between about 3.2 seconds and 3.7 seconds. In another example, the following distance alerts will be activated at a following distance of 3.5 seconds. In addition, the vehicle can be governed by the engine controller 26 so as not to exceed a maximum speed regardless of the driver throttle input. A maximum vehicle speed for the first mode may be preset between about 55 miles per hour and 62 miles per hour; [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] 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; [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), 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).
REGARDING CLAIM 3, Sung in view of Pilkington remains as applied above to claim 1, and further, Pilkington also discloses, a step of deciding a preset control type corresponding to the preset scenario, and calculating the target acceleration to correspond to the preset control type (Pilkington: see [0017-0027]).
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.
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]), 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).
REGARDING CLAIM 10, Sung in view of Pilkington remains as applied above to claim 8, and further, Sung also discloses, the control method decision unit decides a preset control type (Sung: [0017-0018]) corresponding to the decided preset scenario (Sung: [0017-0018]), and calculates the target acceleration to correspond to the preset control type (Sung: [0030]; [0091]; [0181]).
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, 17, and 19 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) and in further view of Choi (US 20130151047 A1).
REGARDING CLAIM 15, Pilkington discloses, a determination unit for determining a driving schedule of a vehicle (Pilkington: [0011] The engine controller 26 may include preset conditions for engaging cruise control; [0015-0020] 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) based on information about a road on which the vehicle is driven (Pilkington: [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. Vehicle environment signals can include weather, time of day, presence of sun glare, curvature of the road and incline of the road); and a control unit for controlling the vehicle based on the driving schedule (Pilkington: [0016] Therefore, a controller for an adaptive cruise control system in a host vehicle comprises an input for receiving a speed of the host vehicle and a processor having control logic. 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. [0017] FIG. 2 illustrates a method 40 to activate adaptive cruise control (ACC) according to one example of this invention. Method 40 begins with step 42. In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode. The first mode may be a default set by the equipment manufacturer or the vehicle owner. Other preset vehicle settings are contemplated. A following distance alert may be preset to activate when the following distance between the host vehicle and a target vehicle in the first mode is between about 3.2 seconds and 3.7 seconds. In another example, the following distance alerts will be activated at a following distance of 3.5 seconds. In addition, the vehicle can be governed by the engine controller 26 so as not to exceed a maximum speed regardless of the driver throttle input. A maximum vehicle speed for the first mode may be preset between about 55 miles per hour and 62 miles per hour), 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] 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. Vehicle environment signals can include weather, time of day, presence of sun glare, curvature of the road and incline of the road) wherein the determination unit decides the driving schedule of the vehicle based on a driving mode of the vehicle (Pilkington: [0016] Therefore, a controller for an adaptive cruise control system in a host vehicle comprises an input for receiving a speed of the host vehicle and a processor having control logic. 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. [0017] FIG. 2 illustrates a method 40 to activate adaptive cruise control (ACC) according to one example of this invention. Method 40 begins with step 42. In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode. The first mode may be a default set by the equipment manufacturer or the vehicle owner. Other preset vehicle settings are contemplated. A following distance alert may be preset to activate when the following distance between the host vehicle and a target vehicle in the first mode is between about 3.2 seconds and 3.7 seconds. In another example, the following distance alerts will be activated at a following distance of 3.5 seconds. In addition, the vehicle can be governed by the engine controller 26 so as not to exceed a maximum speed regardless of the driver throttle input. A maximum vehicle speed for the first mode may be preset between about 55 miles per hour and 62 miles per hour; [0024] the control logic 20 will set the vehicle settings in a second mode ... The second mode vehicle settings may include reducing the following distance alert to between about 2.8 seconds and 3.2 seconds) 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] disclose first and second modes, wherein, alerts and engine controls, in relation to following distances, are controlled according to preset schedules, for increasing or decreasing speed (acceleration and deceleration time points), [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, should it be found Pilkington, alone, fails to disclose, 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, 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, should it be found Pilkington, as modified, fails to disclose, 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, 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] In the driving control method according to one or more embodiments of the present invention, when the driving action in the first event is changed from stopping to going, the driving action in the second event is set to stopping. When the driving action in the first event changes from “Stop” to “Go,” if the driving action in the second event is made to “Go,” the successive “Go” instructions will result in large acceleration after deceleration, which may give uncomfortable feeling to the occupants. By setting the driving action in the second event to “Stop,” even when the driving action in the first event changes to “Go,” moderate acceleration is planned with consideration for the subsequent “Stop.” Thus, rapid acceleration can be suppressed to achieve smooth driving without stepwise changes in the speed. In addition, the time to arrival at the first event may be long because the driving action in the first event was made to “Stop” once. By setting the driving action in the second event to “Stop” to prepare for the possibility of a change in the situation, an appropriate determination can be made even when the situation changes. In this example, the driving action in the first event coming to “Stop” triggers the driving action in the second event to be made to “Stop,” and safe driving can thus be achieved with suppressed stepwise changes in the speed), 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.
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”).
REGARDING CLAIM 19, Pilkington, as modified, remains as applied above to claim 15, and further, Luo also discloses, the deceleration time point comprises at least one of an acceleration command release time point or a coasting entry time point (Takamatsu: [0245]).
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) and Takamatsu (US 20200298842 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 filed 06-23-2025, beginning on page 7, have been fully considered but they are not persuasive. To the examiner’s best understanding, the applicant has contended, in regards to independent claims 1 and 8 that the prior art fails to disclose, “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”, the examiner respectfully disagrees.
As cited above, Pilkington (US 20210171033 A1) discloses:
wherein the scenario deciding step comprises automatically classifying the current driving state of the host vehicle
[ABS] A controller and method for activating adaptive cruise control systems are presented. The controller includes an input for receiving a speed of the host vehicle and a processor having control logic. The control logic determines the system is inactive, 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;
[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;
[0016] Therefore, a controller for an adaptive cruise control system in a host vehicle comprises an input for receiving a speed of the host vehicle and a processor having control logic. 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;
[0017] FIG. 2 illustrates a method 40 to activate adaptive cruise control (ACC) according to one example of this invention. Method 40 begins with step 42. In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode. The first mode may be a default set by the equipment manufacturer or the vehicle owner. Other preset vehicle settings are contemplated. A following distance alert may be preset to activate when the following distance between the host vehicle and a target vehicle in the first mode is between about 3.2 seconds and 3.7 seconds. In another example, the following distance alerts will be activated at a following distance of 3.5 seconds. In addition, the vehicle can be governed by the engine controller 26 so as not to exceed a maximum speed regardless of the driver throttle input. A maximum vehicle speed for the first mode may be preset between about 55 miles per hour and 62 miles per hour;
[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
by matching detected driving information against stored thresholds or conditions of the preset scenarios,
[ABS] A controller and method for activating adaptive cruise control systems are presented. The controller includes an input for receiving a speed of the host vehicle and a processor having control logic. The control logic determines the system is inactive, 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;
[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;
[0016] Therefore, a controller for an adaptive cruise control system in a host vehicle comprises an input for receiving a speed of the host vehicle and a processor having control logic. 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;
[0017] FIG. 2 illustrates a method 40 to activate adaptive cruise control (ACC) according to one example of this invention. Method 40 begins with step 42. In step 42, the vehicle settings, such as following distance and maximum vehicle speed, are in a first mode. The first mode may be a default set by the equipment manufacturer or the vehicle owner. Other preset vehicle settings are contemplated. A following distance alert may be preset to activate when the following distance between the host vehicle and a target vehicle in the first mode is between about 3.2 seconds and 3.7 seconds. In another example, the following distance alerts will be activated at a following distance of 3.5 seconds. In addition, the vehicle can be governed by the engine controller 26 so as not to exceed a maximum speed regardless of the driver throttle input. A maximum vehicle speed for the first mode may be preset between about 55 miles per hour and 62 miles per hour;
[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.
[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;
[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
The examiner respectfully submits, Pilkington (US 20210171033 A1) discloses, auto classification (Pilkington (US 20210171033 A1): determining minimum speed, time requirements, and threshold for determining to activate an adaptive cruise control operation ([ABS],[0008],[0016-0017], and [0028])), see ([ABS],[0008],[0016-0017], and [0028]) for stored thresholds and a matching/triggering determination, and ([0008-0009] and [0013]) for correlated braking and acceleration (examiner: deceleration is interpreted as an acceleration). Because Pilkington (US 20210171033 A1), alone or as modified, discloses that which is claimed, the examiner respectfully maintains the rejection of claim 1 and 8 under 35 USC §103, obviousness.
Applicant’s arguments with respect to the rejection of claim(s) 15, under 35 USC §103, obviousness, have been considered but are moot because the new ground of rejection does not rely on the combined references 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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