DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the amendments filed on 08/05/2025 for Application No. 18/220,887
Claims 1 – 16 are currently pending and have been examined. Claims 1, 8, 10 and 11 have been amended. Claims 12 – 16 are new.
This action is made 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.
Claim(s) 1 – 4, 8 – 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 20190324453 A1), further in view of Nozaki et al. (US 20210107526 A1), Buehler et al. (US 20050060066 A1) and Moriya et al. (US 20210331710 A1), hereinafter Fumiyuki.
Regarding claim 1, Mori teaches a vehicle comprising: (Mori: Paragraph 0020: “The remote driving facility 200 is a facility mocking a drive seat of an automobile, for example. The remote driving facility 200 includes a manipulating unit that receives a manipulation by a driver 20 who remotely drives the vehicle 400, and a communication unit that sends, to the vehicle 400, a signal according to a manipulation performed on the manipulating unit. The remote driving facility 200 is one example of a remote driving apparatus.”; Paragraph 0021: “The remote driving vehicle 300 is an automobile that has a remote driving function to remotely drive the vehicle 400 via the network 80. Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle. Also, a so-called automated driving may also be permissible on the remote driving vehicle 300.”; Paragraph 0022: “The remote driving vehicle 300 is one example of the remote driving apparatus.”,
Supplemental Note: a remote driving vehicle can also be an example of a remote driving apparatus that can remotely control another remote driving vehicle)
a driving operation member operated by an operator to perform steering, acceleration, and deceleration (Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the claimed operator is interpreted as the occupant of the vehicle who is able to perform vehicle controls through the manipulating unit. The manipulation member is able to configure the handle, the accelerator pedal and the brake pedal, thus performing the claimed functions of steering, accelerating and decelerating)
… a stop maintaining device that maintains a stop state; (Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the stop maintaining device is interpreted to be the brake pedal as it keeps the vehicle stationary and also able to be controlled by the manipulating unit)
and a control device, wherein in a remote operation mode, the control device communicates with a remote operation target vehicle, (Mori: Abstract: “A vehicle controller is provided, which controls a vehicle having a first driving mode in which the vehicle travels according to a first control signal based on manual driving or automated driving, and a second driving mode in which the vehicle travels according to a second control signal based on remote driving, where the vehicle controller includes: a vehicle control unit configured to control the vehicle; a characteristic determining unit configured to determine a travelling characteristic of the vehicle during a period in which the vehicle control unit is controlling the vehicle according to the second control signal; and a mode control unit configured to, when a characteristic determined by the characteristic determining unit satisfies a predetermined condition, cause the vehicle to exit the second driving mode and enter the first driving mode.”; Paragraph 0025: “The remote driving managing apparatus 100 provides a remote driving service to a plurality of vehicles 400. The remote driving managing apparatus 100 may provide the remote driving service to a vehicle 400 that is registered in the service”; Paragraph 0033: “The remote driving managing apparatus 100 requests the determined remote driver to perform the remote driving on the vehicle 400.”)
wherein in the remote operation mode, the control device transmits information reflecting an operation amount of the driving operation member to the remote operation target vehicle, (Mori: Paragraph 0020: “The remote driving facility 200 includes a manipulating unit that receives a manipulation by a driver 20 who remotely drives the vehicle 400, and a communication unit that sends, to the vehicle 400, a signal according to a manipulation performed on the manipulating unit.”; Paragraph 0024: “In a case of the remotely driven mode, the vehicle 400 performs travelling, stopping, turning and the like according to a control signal received from the remote driving facility 200 or the remote driving vehicle 300.”; Paragraph 0037: “The manipulation content acquiring unit 410 acquires manipulation contents to a manipulating unit included in the vehicle 400. For example, the manipulation content acquiring unit 410 acquires contents of a steering angle of steering, a pedal pressure manipulation amount of an accelerator pedal, a pedal pressure manipulation amount of a brake pedal and the like.”)
In sum, Mori teaches a vehicle comprising: a driving operation member operated by an operator to perform steering, acceleration, and deceleration; a stop maintaining device that maintains a stop state; and a control device, wherein in a remote operation mode, the control device communicates with a remote operation target vehicle, wherein in the remote operation mode, the control device transmits information reflecting an operation amount of the driving operation member to the remote operation target vehicle. Mori however does not teach wherein the driving operation member is controlled via at least one of steer-by-wire, drive-by-wire, brake-by-wire, or shift-by-wire whereas Buehler does.
Buehler teaches via at least one of steer-by-wire, drive-by-wire, brake-by-wire, or shift-by-wire; (Buehler: Paragraph 0029: “More modern vehicles have a vehicle bus 23 for transmitting vehicle information 24 which is correlated to the actuation of the operational units 21. The vehicle bus 23 may be, for example, a CAN bus or a bus which is compatible with CAN. In drive-by-wire vehicles, at least a part of the operational units are no longer directly connected mechanically or indirectly connected hydraulically to the components to be moved or influenced (steering system, fuel injector, brakes, etc.), but rather there is only an "electronic" connection via a vehicle bus 23.”; Paragraph 0048: “The steer-by-wire system includes a steering wheel 61, which is connected to a transducer 62. The transducer 62 may be a rotary position transducer, for example. The transducer 62 is connected via an individual line 65 to a control element 63. The control element 63 is a hydraulic steering system 64 which acts on the wheels and/or a front axle, for example.”,
Supplemental Note: the vehicle bus with its operational units are able to control the drive-by-wire and steer-by-wire system)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Buehler with a reasonable expectation of success. Mori teaches the ability of a remote operator to control a vehicle when in remote operation mode, this is done by a manipulating unit which is in control of many vehicle operations including steering. Buehler teaches a vehicle bus with operational units that are able to control if a vehicle is to be steered by drive-by-wire or steer-by-wire systems. One with knowledge in the art would find the manipulating unit and the operational unit to be nothing more than a simple substitution and both are taught to control steering functions of the vehicle. The ability to also combine these two functions would be obvious to try as the manipulating unit of Mori will now be able to adjust between the two steering methods per the preference of the drivers. For example, the remote operator might prefer or control the vehicle with greater accuracy with a drive-by-wire steering configuration whereas the driver prefers a steer-by-wire system. This increases the functionality of the vehicle and increases the usability as drivers will be able to select the steering method that works best for them. Mori in view of Buehler however do not teach wherein in the remote operation mode, the control device shows information received from the remote operation target vehicle to the operator, and wherein when the stop state of the vehicle is not maintained by the stop maintaining device, the control device prohibits the remote operation mode whereas Nozaki does.
Nozaki teaches wherein in the remote operation mode, the control device shows information received from the remote operation target vehicle to the operator, and (Nozaki: Paragraph 0048: “The operator display unit 84 displays an operation status of the operator based on the remote operation signals received by the reception unit 72 at a position where the driver can visually check the operation status. For example, the operator display unit 84 displays the data relating to acceleration and deceleration included in the remote operation signals that are received by the reception unit 72 on the monitor provided on an instrument panel in a vehicle cabin. At this time, the operator display unit 84 may display the data in a display mode that is visually understandable by the driver. Similarly, the operator display unit 84 displays the data relating to steering input by the operator and the line-of-sight information of the operator on the monitor in a predetermined display mode.”,
Supplemental Note: from a remote location, the driver of the vehicle can receive instructions of controlling the vehicle regarding acceleration/deceleration instructions)
wherein when the stop state of the vehicle is not maintained by the stop maintaining device, the control device prohibits the remote operation mode (Nozaki: Paragraph 0003: “Japanese Unexamined Patent Application Publication No. 2017-163253 (JP 2017-163253 A) discloses a remote operation system for replacing an operator who performs a remote operation of a vehicle under a predetermined condition such as when the vehicle is stopped.”)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Nozaki with a reasonable expectation of success. Both Mori and Nozaki teach vehicles able to be remotely controlled by an operator other than the driver to perform vehicle functions. Nozaki teaches an alternative iteration of this technology as the remote operation mode does not start until a predetermined condition of the vehicle being stopped is met and once the remote operation mode start, the remote operator’s vehicle functions are displayed to the driver of the vehicle via display. One with knowledge in the art would combine this technology with the vehicle system of Mori as an use of a known technique to improve similar devices in the same way. For example, as a vehicle is driving on the road way, a sudden switch from manual driving to remote operation mode has a potential to negatively impact the vehicle and the user. The vehicle first having to be stopped mitigates situations losing connection while driving in a low connection area or a hiccup within the vehicle functions are controls are transferred to a remote operator, which can impact traffic flow. The controller device stating to the driver the driving functions of the remote operator increases the transparency of the vehicle functions to the driver of the vehicle. For example, if the remote operator is performing vehicle functions the driver does not prefer, they can identify and discuss those functions for future remote operation modes. This increases the efficiency of the quality of service for the driver. Mori in view of Nozaki however still do not teach the vehicle to prohibit communication with the remote operation target vehicle whereas Fumiyuki does.
Fumiyuki teaches to prohibit communication with the remote operation target vehicle (Fumiyuki: Paragraph 0005: “An aspect of the technology provides a vehicle control apparatus that includes a driving-assist control unit and a remote control unit. The driving-assist control unit is configured to perform an automatic driving control of stopping a vehicle in accordance with detection of an abnormal state of a driver of the vehicle while the vehicle is traveling. The remote control unit is configured to perform a control of transmitting remote control permission notification after the vehicle is stopped by the automatic driving control. The remote control permission notification permits a remote control of the vehicle.”,
Supplemental Note: the remote control operation only happens when the vehicle is stopped)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Fumiyuki with a reasonable expectation of success. Mori and Fumiyuki both teach the ability of a vehicle to be remotely controlled by a remote operator. Fumiyuki further includes the condition of the vehicle to be in a stopped state prior to the remote control operation. One with knowledge in the art would find this obvious to try to combine with the vehicle system of Mori as it increases the safety of the vehicle. Fully providing remote assistance while the vehicle is moving can cause issues if the connection is not fully made and increase the chance of improper remote controlled movements. For example, if an obstacle suddenly comes in the way of the vehicle in time of the remote control switching, there may not be enough time to avert a collision. Waiting for the vehicle to come to a complete stop increases the safety of the road users as the remote control operator is able to determine if a proper connection with the vehicle is made and mitigates any chances of the moving vehicle colliding with any obstacles as the vehicle is not moving.
Regarding claim 2, Mori, as modified, teaches wherein when starting the remote operation mode is requested by the operator, the control device determines whether a start permission condition is satisfied, (Mori: Paragraph 0025: “The remote driving managing apparatus 100 provides a remote driving service to a plurality of vehicles 400. The remote driving managing apparatus 100 may provide the remote driving service to a vehicle 400 that is registered in the service. The remote driving managing apparatus 100 may store registration data of the plurality of vehicles 400. The registration data of the vehicles 400 includes vehicle information of each of the plurality of vehicles 400. The vehicle information may include identification information, vehicle type, vehicle name and the like of the vehicle 400.”; Paragraph 0028 – 0029: “When the request information for requesting for remotely driving the vehicle 400 is received, the remote driving managing apparatus 100 refers to the registration data of the remote drivers to determine a remote driver who is to perform the remote driving on the vehicle 400. The remote driving managing apparatus 100 receives the request information that is sent by an occupant 40 of the vehicle 400 and that is for requesting for remotely driving the vehicle 400, for example. The occupant 40 sends the request information from the vehicle 400 to the remote driving managing apparatus 100, for example. Also, the occupant 40 sends the request information from the communication terminal 700 that the occupant 40 owns to the remote driving managing apparatus 100, for example. The request information includes identification information for identifying the vehicle 400. The request information may include section information that indicates a travelling section in which the vehicle 400 travels by remote driving. The request information may include position information that indicates a position of the vehicle 400. The request information may include time information that indicates a desired period of time in which the vehicle 400 is remotely driven.”,
Supplemental Note: the occupant can send a request to start remote driving. The start permission condition is interpreted as the identification information being of a registered vehicle)
… wherein when the start permission condition is satisfied, the control device starts the remote operation mode, and wherein when the start permission condition is not satisfied, the control device prohibits starting the remote operation mode. (Mori: Paragraph 0029 – 0030: “The request information includes identification information for identifying the vehicle 400. The request information may include section information that indicates a travelling section in which the vehicle 400 travels by remote driving. The request information may include position information that indicates a position of the vehicle 400. The request information may include time information that indicates a desired period of time in which the vehicle 400 is remotely driven. For example, if the occupant 40 of the vehicle 400 desires to perform the remote driving from his/her home to a destination, the occupant 40 sends, to the remote driving managing apparatus 100, the request information including section information that indicates a travelling section from his/her home to the destination and time information determined based on a departure time and a required time from his/her home to the destination. The required time from his/her home to the destination may be set by the occupant 40, may also be set by the communication terminal 700 of the occupant 40, and may also be set by a navigation apparatus provided to the vehicle 400.”,
Supplemental Note: if the identification information is satisfied, the remote driving can occur)
In sum, Mori, as modified, teaches wherein when starting the remote operation mode is requested by the operator, the control device determines whether a start permission condition is satisfied, wherein when the start permission condition is satisfied, the control device starts the remote operation mode wherein when the start permission condition is not satisfied, the control device prohibits starting the remote operation mode. Mori however does not teach wherein when the start permission condition is not satisfied, the control device prohibits starting the remote operation mode wherein the start permission condition includes at least that the stop state of the vehicle is maintained by the stop maintaining device whereas Nozaki does.
Nozaki teaches wherein when the start permission condition is not satisfied, the control device prohibits starting the remote operation mode.
wherein the start permission condition includes at least that the stop state of the vehicle is maintained by the stop maintaining device, (Nozaki: Paragraph 0003: “Japanese Unexamined Patent Application Publication No. 2017-163253 (JP 2017-163253 A) discloses a remote operation system for replacing an operator who performs a remote operation of a vehicle under a predetermined condition such as when the vehicle is stopped.”)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Nozaki with a reasonable expectation of success. Please refer to the rejection of claim 1 for the rejection of this claim as they claim the same function and therefor rejected under the same pretenses.
Regarding claim 3, Mori, as modified, does not teach wherein when the start permission condition is not satisfied, the control device sends a rejection notification to the operator whereas Nozaki does.
Nozaki teaches wherein when the start permission condition is not satisfied, the control device sends a rejection notification to the operator. (Nozaki: Paragraph 0050: “The notification unit 88 notifies the driver of a condition that allows handover of the driving operation of the vehicle 12 to the remote operation based on the difference between the drive data of the vehicle 12 and the remote operation signal in a state where the handover determination unit 86 does not make a determination that the driving operation of the vehicle 12 can be handed over to the remote operation. For example, this notification is performed using the display device, such as the monitor, provided in the vehicle 12 and via voice, for example.”; Paragraph 0081: “Furthermore, in the embodiment described above, when handover to the remote operation is not completed within the predetermined time, the handover processing is terminated. However, the present disclosure is not limited to this. For example, a notification to prompt the driver to stop the vehicle 12 may be made. That is, when the driver stops the vehicle 12, the difference between the drive data and the remote operation signals can reliably fall within the predetermined range, which makes it possible to hand over the driving operation smoothly.”,
Supplemental Note: the start permission in this example is the remote operation signals falling within the predetermined range. The notification unit provides instructions to start the remote operation controls which is interpreted as the rejection notification this notifies the driver that remote operation cannot be started until these conditions are met)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Nozaki with a reasonable expectation of success. As stated for claim 1, both Mori and Nozaki teach vehicles able to be remotely controlled by an operator other than the driver to perform vehicle functions. Nozaki teaches an alternative iteration of this technology as once the remote operation mode start, the remote operator’s vehicle functions are displayed to the driver of the vehicle via display. This function includes sending the driver of the vehicle a message that the remote operation mode is unable to start which one with knowledge in the art would find it obvious to try to combine with the vehicle system of Mori. The rejection notification lets the driver know that the remote operation cannot be started, in this example, notifying for the driver to stop the vehicle, thus giving the driver transparency who wants to start the remote operation mode that it cannot. This allows for the driver to trouble shoot the operation mode or identify if they are not conforming to the start conditions, thus improving the efficiency of the remote operation mode and the user experience for the driver.
Regarding claim 4, Mori, as modified, does not teach wherein the rejection notification includes at least one of the following: a notification indicating that the start permission condition is not satisfied; a notification indicating why the start permission condition was not satisfied; and a notification prompting the stop maintaining device to be activated whereas Nozaki does.
Nozaki teaches wherein the rejection notification includes at least one of the following: a notification indicating that the start permission condition is not satisfied; a notification indicating why the start permission condition was not satisfied; and a notification prompting the stop maintaining device to be activated. (Nozaki: Paragraph 0050: “The notification unit 88 notifies the driver of a condition that allows handover of the driving operation of the vehicle 12 to the remote operation based on the difference between the drive data of the vehicle 12 and the remote operation signal in a state where the handover determination unit 86 does not make a determination that the driving operation of the vehicle 12 can be handed over to the remote operation. For example, this notification is performed using the display device, such as the monitor, provided in the vehicle 12 and via voice, for example.”; Paragraph 0081: “Furthermore, in the embodiment described above, when handover to the remote operation is not completed within the predetermined time, the handover processing is terminated. However, the present disclosure is not limited to this. For example, a notification to prompt the driver to stop the vehicle 12 may be made. That is, when the driver stops the vehicle 12, the difference between the drive data and the remote operation signals can reliably fall within the predetermined range, which makes it possible to hand over the driving operation smoothly.”,
Supplemental Note: the notification unit can display a message to the driver of the vehicle to stop so that remote control operation signals can reliable fall within a predetermined range)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Nozaki with a reasonable expectation of success. Please refer to the rejection of claim 3 for the rejection of this claim as they claim the same function and therefor rejected under the same pretenses.
Regarding claim 8, Mori, as modified, teaches wherein in a normal mode, the control device controls the at least one actuator based on the operation amount of the driving operation member (Mori: Paragraph 0022: “The remote driving vehicle 300 includes a manipulating unit that receives a manipulation by a driver 30, and a communication unit that communicate with the vehicle 400 and the remote driving managing apparatus 100. The remote driving vehicle 300 is one example of the remote driving apparatus. The driver 30 is one example of the remote driver. The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever. Also, the manipulating unit may further include a manipulation member for manipulating equipment such as an air conditioner, an audio, a car navigation system, a slide door, a sunroof and a seat heater. The communication unit receives an image of an area surrounding the vehicle 400 captured by an image-capturing unit included in the vehicle 400. The remote driving vehicle 300 has a display unit that displays the image of the area surrounding the vehicle 400 received by the communication unit. For example, the remote driving vehicle 300 has a manual driving mode and a remote driving mode to travel according to the manipulation performed on the manipulating unit in the manual driving mode and to send, to the vehicle 400, a signal according to the manipulation performed on the manipulating unit in the remote driving mode. The driver 30 can remotely drive the vehicle 400 by switching the mode of the remote driving vehicle 300 parked in a parking area at the driver's home to the remote driving mode, for example.”; Paragraphs 0036 – 0037: “FIG. 2 schematically shows one example of a functional configuration of a vehicle controller 402 provided to the vehicle 400. The vehicle controller 402 includes a manipulation content acquiring unit 410, an image-capturing unit 412, a radar apparatus 414, a Light Detection and Ranging (LIDAR) 416, an object recognizing unit 418, an image acquiring unit 420, a wireless communication unit 430 and a control unit 440. Note that the vehicle controller 402 does not necessarily include all of these components. The manipulation content acquiring unit 410 acquires manipulation contents to a manipulating unit included in the vehicle 400. For example, the manipulation content acquiring unit 410 acquires contents of a steering angle of steering, a pedal pressure manipulation amount of an accelerator pedal, a pedal pressure manipulation amount of a brake pedal and the like.”,
Supplemental Note: the vehicle controller with a manipulating unit is able to adjust steering of the vehicle)
,and wherein in the remote operation mode, the control device prohibits control of the at least one actuator based on the operation amount of the driving operation member. (Mori: Paragraph 0032: “for example, when the vehicle 400 is to be moved to the destination by automated driving, if a moving route of the vehicle 400 includes a remote driving section that is a section in which the vehicle 400 travels by the remote driving, the vehicle 400 sends, to the remote driving managing apparatus 100, the request information including section information indicating the section and time information indicating a period of time in which the vehicle 400 travels in the section. The remote driving section is, for example, a section in which the automated driving cannot be performed, a section in which the automated driving is prohibited, a section in which the automated driving is not proper, and the like.”: Paragraph 0075: “In S306, the control unit 440 determines whether the automated driving can be performed or not. For example, when the road on which the vehicle 400 is travelling is within a section in which the automated driving cannot be performed or within a section in which the automated driving is prohibited, the control unit 440 determines that the automated driving is prohibited, and when the road is within a section other than the above section, the control unit 440 determines that the automated driving can be performed. If it is determined that the automated driving is prohibited, the step advances to S308, and if it is determined that the automated driving can be performed, the step advances to S314. S308, S310, and S312 may be similar to S106, S108 and S110. In S314, the control unit 440 causes the vehicle 400 to exit the remotely driven mode and enter the automated driving mode.”)
In sum, Mori, as modified, teaches wherein in a normal mode, the control device controls the at least one actuator based on the operation amount of the driving operation member, and wherein in the remote operation mode, the control device prohibits control of the at least one actuator based on the operation amount of the driving operation member. Mori however does not teach further comprising at least one actuator for a function of at least one of a steer-by-wire and a drive-by-wire, whereas Buehler does.
Buehler teaches further comprising at least one actuator for a function of at least one of the steer-by-wire and the drive-by-wire, (Buehler: Paragraph 0029: “More modern vehicles have a vehicle bus 23 for transmitting vehicle information 24 which is correlated to the actuation of the operational units 21. The vehicle bus 23 may be, for example, a CAN bus or a bus which is compatible with CAN. In drive-by-wire vehicles, at least a part of the operational units are no longer directly connected mechanically or indirectly connected hydraulically to the components to be moved or influenced (steering system, fuel injector, brakes, etc.), but rather there is only an "electronic" connection via a vehicle bus 23.”; Paragraph 0048: “The steer-by-wire system includes a steering wheel 61, which is connected to a transducer 62. The transducer 62 may be a rotary position transducer, for example. The transducer 62 is connected via an individual line 65 to a control element 63. The control element 63 is a hydraulic steering system 64 which acts on the wheels and/or a front axle, for example.”,
Supplemental Note: the vehicle bus with its operational units are able to control the drive-by-wire and steer-by-wire system)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Buehler with a reasonable expectation of success. Please refer to the rejection of claim 1 for the rejection of this claim as they claim the same function and therefore rejected under the same pretenses.
Regarding claim 9, Mori, as modified, teaches further comprising a traveling assistance device including at least one of a light, a turn signal, and a wiper, wherein the driving operation member includes a switch for operating the traveling assistance device, (Mori: Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.”)
wherein in a normal mode, the control device controls the traveling assistance device in accordance with an operation of the switch by the operator, and (Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the occupant in manual driving mode is able to manipulate the manipulating unit which is controlling the blinkers)
wherein in the remote operation mode, the control device prohibits controlling the traveling assistance device, based on the operation of the switch by the operator. (Mori: Paragraph 0022: “The remote driving vehicle 300 includes a manipulating unit that receives a manipulation by a driver 30, and a communication unit that communicate with the vehicle 400 and the remote driving managing apparatus 100. The remote driving vehicle 300 is one example of the remote driving apparatus. The driver 30 is one example of the remote driver.”,
Supplemental Note: the remote driver is able to control the manipulating unit which controls the blinker lever)
Regarding claim 10, Mori teaches a vehicle control method of controlling a vehicle (Mori: Paragraph 0020: “The remote driving facility 200 is a facility mocking a drive seat of an automobile, for example. The remote driving facility 200 includes a manipulating unit that receives a manipulation by a driver 20 who remotely drives the vehicle 400, and a communication unit that sends, to the vehicle 400, a signal according to a manipulation performed on the manipulating unit. The remote driving facility 200 is one example of a remote driving apparatus.”; Paragraph 0021: “The remote driving vehicle 300 is an automobile that has a remote driving function to remotely drive the vehicle 400 via the network 80. Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle. Also, a so-called automated driving may also be permissible on the remote driving vehicle 300.”; Paragraph 0022: “The remote driving vehicle 300 is one example of the remote driving apparatus.”)
including a driving operation member operated by an operator to perform steering, acceleration, and deceleration(Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the claimed operator is interpreted as the occupant of the vehicle who is able to perform vehicle controls through the manipulating unit. The manipulation member is able to configure the handle, the accelerator pedal and the brake pedal, thus performing the claimed functions of steering, accelerating and decelerating)
… and a stop maintaining device that maintains a stop state, (Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the stop maintaining device is interpreted to be the brake pedal as it keeps the vehicle stationary and also able to be controlled by the manipulating unit)
the vehicle control method comprising: communicating with a remote operation target vehicle in a remote operation mode; transmitting information reflecting an operation amount of the driving operation member to the remote operation target vehicle, in the remote operation mode; (Mori: Paragraph 0020: “The remote driving facility 200 includes a manipulating unit that receives a manipulation by a driver 20 who remotely drives the vehicle 400, and a communication unit that sends, to the vehicle 400, a signal according to a manipulation performed on the manipulating unit.”; Paragraph 0024: “In a case of the remotely driven mode, the vehicle 400 performs travelling, stopping, turning and the like according to a control signal received from the remote driving facility 200 or the remote driving vehicle 300.”; Paragraph 0037: “The manipulation content acquiring unit 410 acquires manipulation contents to a manipulating unit included in the vehicle 400. For example, the manipulation content acquiring unit 410 acquires contents of a steering angle of steering, a pedal pressure manipulation amount of an accelerator pedal, a pedal pressure manipulation amount of a brake pedal and the like.”)
In sum, Mori teaches a vehicle control method of controlling a vehicle including a driving operation member operated by an operator to perform steering, acceleration, and deceleration, and a stop maintaining device that maintains a stop state, the vehicle control method comprising: communicating with a remote operation target vehicle in a remote operation mode; transmitting information reflecting an operation amount of the driving operation member to the remote operation target vehicle, in the remote operation mode. Mori however does not teach wherein the driving operation member is controlled via at least one of steer-by-wire, drive-by-wire, brake-by-wire, or shift-by-wire whereas Buehler does.
Buehler teaches via at least one of steer-by-wire, drive-by-wire, brake-by-wire, or shift-by-wire; (Buehler: Paragraph 0029: “More modern vehicles have a vehicle bus 23 for transmitting vehicle information 24 which is correlated to the actuation of the operational units 21. The vehicle bus 23 may be, for example, a CAN bus or a bus which is compatible with CAN. In drive-by-wire vehicles, at least a part of the operational units are no longer directly connected mechanically or indirectly connected hydraulically to the components to be moved or influenced (steering system, fuel injector, brakes, etc.), but rather there is only an "electronic" connection via a vehicle bus 23.”; Paragraph 0048: “The steer-by-wire system includes a steering wheel 61, which is connected to a transducer 62. The transducer 62 may be a rotary position transducer, for example. The transducer 62 is connected via an individual line 65 to a control element 63. The control element 63 is a hydraulic steering system 64 which acts on the wheels and/or a front axle, for example.”,
Supplemental Note: the vehicle bus with its operational units are able to control the drive-by-wire and steer-by-wire system),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Buehler with a reasonable expectation of success. Please refer to the rejection of claim 1 for the rejection of this claim as they claim the same function and therefore rejected under the same pretenses. Mori in view of Buehler however do not teach showing information received from the remote operation target vehicle to the operator, in the remote operation mode whereas Nozaki does.
Nozaki teaches showing information received from the remote operation target vehicle to the operator, in the remote operation mode; and (Nozaki: Paragraph 0048: “The operator display unit 84 displays an operation status of the operator based on the remote operation signals received by the reception unit 72 at a position where the driver can visually check the operation status. For example, the operator display unit 84 displays the data relating to acceleration and deceleration included in the remote operation signals that are received by the reception unit 72 on the monitor provided on an instrument panel in a vehicle cabin. At this time, the operator display unit 84 may display the data in a display mode that is visually understandable by the driver. Similarly, the operator display unit 84 displays the data relating to steering input by the operator and the line-of-sight information of the operator on the monitor in a predetermined display mode.”,
Supplemental Note: from a remote location, the driver of the vehicle can receive instructions of controlling the vehicle regarding acceleration/deceleration instructions)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Nozaki with a reasonable expectation of success. Please refer to the rejection of claim 1 for the rejection of this claim as they claim the same function and therefore rejected under the same pretenses. Mori in view of Nozaki however still do not teach prohibiting the remote operation mode to prohibit communication with the remote operation target vehicle, when the stop state of the vehicle is not maintained by the stop maintaining device whereas Fumiyuki does.
Fumiyuki teaches prohibiting the remote operation mode to prohibit communication with the remote operation target vehicle, when the stop state of the vehicle is not maintained by the stop maintaining device. (Fumiyuki: Paragraph 0005: “An aspect of the technology provides a vehicle control apparatus that includes a driving-assist control unit and a remote control unit. The driving-assist control unit is configured to perform an automatic driving control of stopping a vehicle in accordance with detection of an abnormal state of a driver of the vehicle while the vehicle is traveling. The remote control unit is configured to perform a control of transmitting remote control permission notification after the vehicle is stopped by the automatic driving control. The remote control permission notification permits a remote control of the vehicle.”,
Supplemental Note: the remote control operation only happens when the vehicle is stopped)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Mori with the teachings of Fumiyuki with a reasonable expectation of success. Please refer to the rejection of claim 1 for the rejection of this claim as they claim the same function and therefore rejected under the same pretenses.
Regarding claim 11, Mori teaches a non-transitory storage medium that stores a vehicle control program that is executed by a computer, (Mori: Paragraph 0003: “The present invention relates to a vehicle controller and a computer readable storage medium.”; Paragraph 0020: “The remote driving facility 200 is a facility mocking a drive seat of an automobile, for example. The remote driving facility 200 includes a manipulating unit that receives a manipulation by a driver 20 who remotely drives the vehicle 400, and a communication unit that sends, to the vehicle 400, a signal according to a manipulation performed on the manipulating unit. The remote driving facility 200 is one example of a remote driving apparatus.”; Paragraph 0021: “The remote driving vehicle 300 is an automobile that has a remote driving function to remotely drive the vehicle 400 via the network 80. Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle. Also, a so-called automated driving may also be permissible on the remote driving vehicle 300.”; Paragraph 0022: “The remote driving vehicle 300 is one example of the remote driving apparatus.”,)
that controls a vehicle including a driving operation member that an operator operates to perform steering, acceleration , and deceleration, (Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the claimed operator is interpreted as the occupant of the vehicle who is able to perform vehicle controls through the manipulating unit. The manipulation member is able to configure the handle, the accelerator pedal and the brake pedal, thus performing the claimed functions of steering, accelerating and decelerating)
… and a stop maintaining device that maintains a stop state, (Mori: Paragraph 0021: “Manual driving may be permissible on the remote driving vehicle 300. The manual driving means that the vehicle is driven by manipulating the manipulating unit included in the vehicle.”; Paragraph 0022: “The manipulating unit includes a manipulation member required for vehicle driving, such as a handle, an accelerator pedal, a brake pedal, a shift lever and a blinker lever.” Paragraph 0031: “Also, for example, when the occupant 40 of the vehicle 400 is to move the vehicle 400 on a route to the destination by manual driving”,
Supplemental Note: the stop maintaining device is interpreted to be the brake pedal as it keeps the vehicle stationary and also able to be controlled by the manipulating unit)
and that is configured to cause the computer to perform a process comprising: communicating with a remote operation target vehicle in a remote operation mode; (Mori: Abstract: “A vehicle controller is provided, which controls a vehicle having a first driving mode in which the vehicle travels according to a first control signal based on manual driving or automated driving, and a second driving mode in which the vehicle travels according to a second control signal based on remote driving, where the vehicle controller includes: a vehicle control unit configured to control the vehicle; a characteristic determining unit configured to determine a travelling characteristic of the vehicle during a period in which the vehicle control unit is controlling the vehicle according to the second control signal; and a mode control unit configured to, when a characteris