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 relates to the provisional application No. 63/297349 filed on Jan. 7, 2022.
Appeal Brief
A conference for the Appeal Brief on 04/23/2026 had been held with SPE- Jelani Smith, RQAS- David Eastwood and Examiner- Nga X. Nguyen.
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive for allowance and do not overcome the current rejection. Based on the conference’s discussing, the cited references of Chung and Aoi disclose the claimed subject matter. The rejection is updated as shown below.
Response to Arguments
Applicant's arguments filed 03/10/2026 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 argument of the Pre-Appeal Brief: At page 2-5, Applicant argues that:
Chung and Aoi do not teach every claimed subject matter of the independent claims (claims 1 & 6). Examiner disagrees to the Applicant argument.
Examiner Response: Applicant specified point out that Chung does not teach:
“detecting …a readiness state of autonomy logic… and compliance with an operational driving domain for autonomy”. Chung teaches a flow chart shown in Fig. 3, [0022] that the vehicle’s processor and sensor for detecting whether the driver’s readiness for manual controlling or for vehicle autonomous controlling which is equivalent “a readiness state of autonomy logic”. Also, at [0022] the vehicle determines steps for a safe stop or engagement of other system for vehicle enabling a lane keeping, slowing down or safe stop actions, see [0022] that meets the scope of “compliance with an operational driving domain for autonomy”).
Chung teaches at Fig. 3, [0022] that after monitoring for readiness at step 314, the system determines the vehicle’s driver is ready, the system moves to “a confirmation of readiness” before allowing the driver taken over. Wherein the confirmation of readiness in step 320 is equivalent “a waiting state”.
Below is an update claimed rejection.
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung (20220258771) in view of Aoi (20190073546).
With regard to claim 1, Chung discloses a method for operating an autonomous vehicle to control transitions into or out of autonomy mode (vehicle 200 comprises sensor system, processor, and etc., see Fig. 2A & Fig. 2B, see [0017]-[0021]+) comprising:
detecting a plurality of conditions including a readiness state of autonomy logic, driver readiness, traffic conditions, road conditions, ambient weather conditions, ambient lighting conditions and compliance with an operational driving domain for autonomy (the vehicle’s processor and sensor for detecting whether the driver’s readiness, see [0017]-[0018] & method for determining driver readiness for vehicle takeover or autonomous driving readiness, see [0022] & Fig.3 that is equivalent of “a readiness state of autonomy logic”. The vehicle’s biosensors determine driver’s heartbeat, temperature, and etc. for evaluating the driver readiness for takeover, see [0018] that is equivalent of “driver readiness”. The vehicle’s cameras 222 used to view the external road condition, rain, snow, lighting condition, see [0019] which meets the scope of “traffic condition, road conditions, ambient, weather condition, ambient lighting condition”. The vehicle determines the next steps for a safe stop or engagement of other system for vehicle enabling a lane keeping, slowing down or safe stop actions, see [0022] that meets the scope of “compliance with an operational driving domain for autonomy”);
determining that at least two conditions of the plurality of conditions are satisfied, wherein the at least two conditions comprise at least one condition from the subgroup consisting of: the readiness state of the autonomy logic and driver readiness (monitor for readiness based on cognitive load, engagement of the driver, impairment of the driver, driver tasks, driver gaze, drowsiness, etc., & determining (based on the vehicle’s processor and sensor) the vehicle and driver are engagement which the vehicle and driver communicated such as questions and requests from vehicle for the driver answering, and visual indication steps for a safe stop or engagement of other system for vehicle enabling a lane keeping, slowing down or safe stop actions see [0022]+);
transitioning from a human control mode or an autonomy control mode to a waiting state for determining that two or more of the plurality of conditions are satisfied while the autonomous vehicle is in the wait state (when the vehicle requests driver takeover at step 310, the system enters into alerting driver, monitoring and determining whether the driver is ready and determining a confirmation of the driver’s readiness, see [0022]+ which Examiner interprets the step 320 for determining a confirmation of the driver’s readiness as “a wait state”); and
switching a control signal between an input received from a human and an input received from a computer to transition into or out of an autonomy mode only when the at least two conditions are satisfied (when confirmation the driver is ready, a button press or a particular interaction with a touchpad of a touch screen pressed, see [0026]+).
Chung is not clearly taught how a waiting state for determining satisfied conditions while the vehicle is in the waiting state.
Aoi discloses a driver state recognition apparatus that recognizes a state of a driver of a vehicle (see the abstract). The apparatus transitioning from a human control mode or an autonomy control mode to a waiting state for determining that two or more of the plurality of conditions are satisfied while the autonomous vehicle is in the wait state (determining whether the driver is readiness at S10 and S11, the system is in waiting state for acquiring information such as surrounding of the vehicle are safe and notifying for takeover, see [0162]-[0168]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Chung by including transitioning form the autonomy control mode to a waiting state for determining two or more of the plurality of conditions are satisfied while the autonomous vehicle is in the wait state as taught by Aoi. The combination of Chung and Aoi is an adapted system for controlling the handover from human control mode or autonomy control mode smoothly.
With regard to claim 2, Chung teaches that the method of claim 1 additionally wherein the plurality of conditions persist for a determined period of time, and the driver readiness condition includes any two or more of a driver seat in a proper position; weight on a driver seat; a steering wheel moves; the steering wheel experiences a force; the steering wheel tilts; the steering wheel is being grabbed; a fingerprint is detected on the steering wheel; a brake pedal moves; a accelerator pedal moves; an arm rest moves; and a camera confirms a driver is or is not in the driver seat (at state 320, the driver readiness is confirmed which requires the driver to take a specific action, see [0022]+).
With regard to claim 3, Chung teaches that the method of claim 1 and further wherein inputs from a steering wheel are ignored in an autonomy mode when a driver seat is not in a driving position or when the driver seat does not have sufficient weight to indicate a driver is present in the seat (the driver is touching the steering wheel is monitored, the driver’s weight and seat, see [0014]+).
With regard to claim 4, Chung teaches that the method of claim 1 wherein the traffic conditions, the road conditions, the ambient weather conditions, the lighting conditions, and the operational driving domain restrictions do not preclude the transition (road condition, environment condition, see [0019]+).
With regard to claim 5, Chung teaches that the method of claim 1 wherein the autonomous vehicle is part of a formation with a second vehicle; the plurality of conditions further include approval originating from the second vehicle; and such that the transitioning into or out of the autonomy mode is a collaborative decision made between the autonomous vehicle and the second vehicle (other vehicle around the instant vehicle, see [0019]+).
With regard to claim 6, Chung discloses an apparatus for operating an autonomous vehicle to control transitions into or out of autonomy mode comprising: one or more data processors; and one or more computer readable media including instructions that, when executed by the one or more data processors, cause the one or more data processors to perform a process for (vehicle 200 comprises sensor system, processor, and etc., see Fig. 2A & Fig. 2B, see [0017]-[0021]+):
detecting a plurality of conditions including a readiness state of autonomy logic, driver readiness, traffic conditions, road conditions, ambient weather conditions, ambient lighting conditions and compliance with an operational driving domain for autonomy (the vehicle’s processor and sensor for detecting whether the driver’s readiness, see [0017]-[0018] & method for determining driver readiness for vehicle takeover or autonomous driving readiness, see [0022] & Fig.3 that is equivalent of “a readiness state of autonomy logic”. The vehicle’s biosensors determine driver’s heartbeat, temperature, and etc. for evaluating the driver readiness for takeover, see [0018] that is equivalent of “driver readiness”. The vehicle’s cameras 222 used to view the external road condition, rain, snow, lighting condition, see [0019] which meets the scope of “traffic condition, road conditions, ambient, weather condition, ambient lighting condition”. The vehicle determines the next steps for a safe stop or engagement of other system for vehicle enabling a lane keeping, slowing down or safe stop actions, see [0022] that meets the scope of “compliance with an operational driving domain for autonomy”);
determining that at least two conditions of the plurality of conditions are satisfied, wherein the at least two conditions comprise at least one condition from the subgroup consisting of: the readiness state of the autonomy logic and driver readiness (monitor for readiness based on cognitive load, engagement of the driver, impairment of the driver, driver tasks, driver gaze, drowsiness, etc., & determining (based on the vehicle’s processor and sensor) the vehicle and driver are engagement which the vehicle and driver communicated such as questions and requests from vehicle for the driver answering, and visual indication steps for a safe stop or engagement of other system for vehicle enabling a lane keeping, slowing down or safe stop actions see [0022]+);
transitioning from a human control mode or an autonomy control mode to a waiting state for determining that two or more of the plurality of conditions are satisfied while the autonomous vehicle is in the wait state (when the vehicle requests driver takeover at step 310, the system enters into alerting driver, monitoring and determining whether the driver is ready and determining a confirmation of the driver’s readiness, see [0022]+ which Examiner interprets the step 320 for determining a confirmation of the driver’s readiness as “a wait state”); and
switching a control signal between an input received from a human and an input received from a computer to transition into or out of an autonomy mode only when the at least two conditions are satisfied (when confirmation the driver is ready, a button press or a particular interaction with a touchpad of a touch screen pressed, see [0026]+).
Chung is not clearly taught how a waiting state for determining satisfied conditions while the vehicle is in the waiting state.
Aoi discloses a driver state recognition apparatus that recognizes a state of a driver of a vehicle (see the abstract). The apparatus transitioning from a human control mode or an autonomy control mode to a waiting state for determining that two or more of the plurality of conditions are satisfied while the autonomous vehicle is in the wait state (determining whether the driver is readiness at S10 and S11, the system is in waiting state for acquiring information such as surrounding of the vehicle are safe and notifying for takeover, see [0162]-[0168]+).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Chung by including transitioning form the autonomy control mode to a waiting state for determining two or more of the plurality of conditions are satisfied while the autonomous vehicle is in the wait state as taught by Aoi. The combination of Chung and Aoi is an adapted system for controlling the handover from human control mode or autonomy control mode smoothly.
With regard to claim 7, Chung teaches that the apparatus of claim 6 wherein the plurality of conditions persist for a determined period of time, and the driver readiness condition includes any two or more of: a driver seat in a proper position; weight on a driver seat; a steering wheel moves; the steering wheel experiences a force; the steering wheel tilts; the steering wheel is being grabbed; a fingerprint is detected on the steering wheel; a brake pedal moves; a accelerator pedal moves; an arm rest moves; and a camera confirms a driver is or is not in the driver seat (at state 320, the driver readiness is confirmed which requires the driver to take a specific action, see [0022]+).
With regard to claim 8, Chung teaches that the apparatus of claim 6 and further wherein inputs from a steering wheel are ignored in an autonomy mode when a driver seat is not in a driving position or when the driver seat does not have sufficient weight to indicate a driver is present in the seat (the driver is touching the steering wheel is monitored, the driver’s weight and seat, see [0014]+).
With regard to claim 9, Chung teaches that the apparatus of claim 6 wherein the traffic conditions, the road conditions, the ambient weather conditions, the lighting conditions, and the operational driving domain restrictions do not preclude the transition (road condition, environment condition, see [0019]+).
With regard to claim 10, Chung teaches that the apparatus of claim 6 wherein the autonomous vehicle is part of a formation with a second vehicle; the plurality of conditions further include approval originating from the second vehicle; and such that the transitioning into or out of the autonomy mode is a collaborative decision made between the autonomous vehicle and the second vehicle (other vehicle around the instant vehicle, see [0019]+).
Prior Arts Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ross (20180114259) discloses an autonomous vehicle is operated under guide assistance of a human driven vehicle. When the AV encounter construction, a public event or a situation which is not detected properly with sensors or not understood by the onboard intelligence of the vehicle. In such situation, the autonomous vehicle to be paired with a duman driven vehicle to guide it through a trip segment which the AV does not understand (see the detailed description).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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NGA X. NGUYEN
Examiner
Art Unit 3662
/NGA X NGUYEN/Primary Examiner, Art Unit 3662
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