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 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.”)
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 non-transitory storage medium that stores a vehicle control program that is executed by a computer, that controls a vehicle including a driving operation member that an operator operates to perform steering, acceleration, and deceleration, and a stop maintaining device that maintains a stop state, 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; 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 therefor 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 13, 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 controls the traveling assistance device in accordance with an 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. 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, and prohibits controlling the traveling assistance device (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.”,
Supplemental Note: not being able to remotely control the vehicle is also interpreted to stop the operator from remotely assessing a traveling assistance device which is taught in view of Buehler)
In sum, Mori 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 controls the traveling assistance device in accordance with an operation of the switch by the operator, 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, and prohibits controlling the traveling assistance device. Mori however does not teach further comprising: at least one actuator for a function of at least one of the steer-by-wire and the drive-by- wire; and 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 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; and (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)
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, (Buehler: Paragraphs 0022 – 0028: “Besides numerous components typical in a vehicle, such as a drive unit 26 (engine), a controller 25 (e.g., engine controller and fuel injector), a chassis, a vehicle body, and a passenger space, the first vehicle 11 includes operational units 21 which are actuated during driving of the vehicle 11. These may be, for example, one or more of the following operational units: a steering wheel, a gas pedal 21, a brake pedal, a clutch pedal, a gearshift, switches (such as light switches), etc.”)
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. As discussed in claim 1, 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. Furthermore, Buehler teaches the vehicle to include light switches for the vehicle. One with knowledge in the art would find this as a simple substitution with the vehicle of Mori. Mori teaches the vehicle to have blinker lights that can be remotely controlled, these are merely just lights which is also taught by Buehler. Vehicle lights provide light in dark environments and blinkers also light up to indicate the host vehicle’s turning. Both are used to emit light into the environment and can be remotely controlled by an operator, thus merely a simple substitution.
Claim(s) 5, 7, 12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 20190324453 A1), Nozaki et al. (US 20210107526 A1) , Buehler et al. (US 20050060066 A1) and Fumiyuki et al. (US 20210331710 A1) as applied to claim 1 above, and further in view of Moriya et al (JP 2021174193 A).
Regarding claim 5, Mori, as modified, does not teach wherein when the start permission condition is not satisfied, the control device automatically activates the stop maintaining device whereas Moriya does.
Moriya teaches wherein when the start permission condition is not satisfied, the control device automatically activates the stop maintaining device. (Moriya: Paragraph 0007: “The vehicle control device according to the present invention includes a driving support control unit capable of performing automatic driving control for stopping the vehicle in response to detection of an abnormal state of the driver while the vehicle is running, and a vehicle stopping by the automatic driving control. It is provided with a remote control unit that controls transmission of a remote control permission notification that later permits remote control of the vehicle. As a result, after the vehicle is stopped by the automatic driving control, the operation control of the vehicle is executed in place of the driver who is in an abnormal state in response to an operation from an operator at a remote location. Here, the driver's abnormal state is, for example, a state in which the driver loses consciousness due to sudden illness, fainting, etc., or a state in which the driver cannot concentrate on driving due to dozing, inattentiveness, etc. A state with a high probability of being unable to do so.”; Paragraph 0009: “it is conceivable that the operation function of the vehicle that can be remotely controlled in response to the remote control signal is set according to the satisfaction status of a predetermined condition. As a result, the operation function of the vehicle that can be remotely controlled is limited according to the satisfaction status of the predetermined conditions. Here, the vehicle operation functions include a heating function and a cooling function that adjust the air conditioning inside the vehicle, an ISS (Idling Stop System) function that controls idling stop, a driving function that performs various controls related to the driving of the vehicle, and an electric parking brake (EPB). : Electronic Parking Brake) is a control function of the vehicle that can be controlled through the operation of the driver or the operation of a remote operator, such as the EPB function.”; Paragraph 0015: “the vehicle can be appropriately remotely controlled according to the situation when the vehicle is stopped by the automatic driving control, so that the safety of the driver can be ensured. Further, by limiting the timing at which the vehicle can be remotely controlled, the security of the vehicle can be improved.”,
Supplemental Note: the vehicle system is able to detect the driver’s condition and in-turn stop the operation function of the vehicle)
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 Moriya with a reasonable expectation of success. Both Mori and Moriya teach vehicles able to be remotely controlled by an operator other than the driver to perform vehicle functions. Moriya teaches the ability of the autonomous vehicle to stop if the driver’s condition fails to meet criteria. One with knowledge in the art would find this function to be obvious to try to implement with the vehicle system of Mori. This function increase the safety of the passenger, for example, if a driver condition is poor, they may be a risk to themselves and other road users. The ability to stop the vehicle mitigates any potential accidents or harm the driver could cause in their poor condition while also brining attention to the vehicle as bystanders or patrol units are now able to view into the vehicle clearly and access to the driver if they need any aid.
Regarding claim 7, Mori, as modified, does not teach wherein the stop maintaining device includes a parking brake or an electric parking brake whereas Moriya does.
Moriya teaches wherein the stop maintaining device includes a parking brake or an electric parking brake. (Moriya: Paragraph 0009: “it is conceivable that the operation function of the vehicle that can be remotely controlled in response to the remote control signal is set according to the satisfaction status of a predetermined condition. As a result, the operation function of the vehicle that can be remotely controlled is limited according to the satisfaction status of the predetermined conditions. Here, the vehicle operation functions include a heating function and a cooling function that adjust the air conditioning inside the vehicle, an ISS (Idling Stop System) function that controls idling stop, a driving function that performs various controls related to the driving of the vehicle, and an electric parking brake (EPB). : Electronic Parking Brake) is a control function of the vehicle that can be controlled through the operation of the driver or the operation of a remote operator, such as the EPB function.”)
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 Moriya with a reasonable expectation of success. Please refer to the rejection of claim 5 for the rejection of this claim as they claim the same function and therefor rejected under the same pretenses.
Regarding claim 12, 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)
In sum, Mori teaches when starting the remote operation mode is requested by the operator, the control device determines whether a start permission condition is satisfied. Mori however does not teach wherein the stop maintaining device includes a parking brake or an electric parking brake, wherein the start permission condition includes at least that the stop state of the vehicle is maintained by the stop maintaining device, and wherein when the start permission condition is not satisfied, the control device automatically activates the stop maintaining device whereas Moriya does.
Moriya teaches wherein the stop maintaining device includes a parking brake or an electric parking brake, (Moriya: Paragraph 0009: “it is conceivable that the operation function of the vehicle that can be remotely controlled in response to the remote control signal is set according to the satisfaction status of a predetermined condition. As a result, the operation function of the vehicle that can be remotely controlled is limited according to the satisfaction status of the predetermined conditions. Here, the vehicle operation functions include a heating function and a cooling function that adjust the air conditioning inside the vehicle, an ISS (Idling Stop System) function that controls idling stop, a driving function that performs various controls related to the driving of the vehicle, and an electric parking brake (EPB). : Electronic Parking Brake) is a control function of the vehicle that can be controlled through the operation of the driver or the operation of a remote operator, such as the EPB function.”)
wherein the start permission condition includes at least that the stop state of the vehicle is maintained by the stop maintaining device, and
wherein when the start permission condition is not satisfied, the control device automatically activates the stop maintaining device. (Moriya: Paragraph 0007: “The vehicle control device according to the present invention includes a driving support control unit capable of performing automatic driving control for stopping the vehicle in response to detection of an abnormal state of the driver while the vehicle is running, and a vehicle stopping by the automatic driving control. It is provided with a remote control unit that controls transmission of a remote control permission notification that later permits remote control of the vehicle. As a result, after the vehicle is stopped by the automatic driving control, the operation control of the vehicle is executed in place of the driver who is in an abnormal state in response to an operation from an operator at a remote location. Here, the driver's abnormal state is, for example, a state in which the driver loses consciousness due to sudden illness, fainting, etc., or a state in which the driver cannot concentrate on driving due to dozing, inattentiveness, etc. A state with a high probability of being unable to do so.”; Paragraph 0009: “it is conceivable that the operation function of the vehicle that can be remotely controlled in response to the remote control signal is set according to the satisfaction status of a predetermined condition. As a result, the operation function of the vehicle that can be remotely controlled is limited according to the satisfaction status of the predetermined conditions. Here, the vehicle operation functions include a heating function and a cooling function that adjust the air conditioning inside the vehicle, an ISS (Idling Stop System) function that controls idling stop, a driving function that performs various controls related to the driving of the vehicle, and an electric parking brake (EPB). : Electronic Parking Brake) is a control function of the vehicle that can be controlled through the operation of the driver or the operation of a remote operator, such as the EPB function.”; Paragraph 0015: “the vehicle can be appropriately remotely controlled according to the situation when the vehicle is stopped by the automatic driving control, so that the safety of the driver can be ensured. Further, by limiting the timing at which the vehicle can be remotely controlled, the security of the vehicle can be improved.”,
Supplemental Note: the vehicle system is able to detect the driver’s condition and in-turn stop the operation function of the vehicle)
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 Moriya with a reasonable expectation of success. Both Mori and Moriya teach vehicles able to be remotely controlled by an operator other than the driver to perform vehicle functions. Moriya teaches an electronic parking brake and the ability of the autonomous vehicle to stop if the driver’s condition fails to meet criteria. Firstly, one with knowledge in the art would find the inclusion of a parking brake as obvious to try to implement with the vehicle of Mori as it increases the safety of the vehicle. Parking brakes provide an additional braking component for holding the position of the vehicle while parked or when the braking system fails, the parking brake can be used as an alternative. Furthermore, one with knowledge in the art would find the ability of the autonomous vehicle to stop if the driver’s condition fails to meet criteria to be obvious to try to implement with the vehicle system of Mori. This function increase the safety of the passenger, for example, if a driver condition is poor, they may be a risk to themselves and other road users. The ability to stop the vehicle mitigates any potential accidents or harm the driver could cause in their poor condition while also brining attention to the vehicle as bystanders or patrol units are now able to view into the vehicle clearly and access to the driver if they need any aid.
Regarding claim 14, Mori, as modified, teaches wherein when starting the remote operation mode is requested by the operator, the control device determines whether the 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)
In sum, Mori teaches wherein when starting the remote operation mode is requested by the operator, the control device determines whether the start permission condition is satisfied. Mori however does not teach wherein a start permission condition includes at least that the stop state of the vehicle is maintained by the stop maintaining device, wherein when the start permission condition is satisfied, the control device changes from the normal mode to the remote operation mode, and wherein when the start permission condition is not satisfied, the control device prohibits starting the remote operation mode whereas Moriya does.
Moriya teaches wherein a start permission condition includes at least that the stop state of the vehicle is maintained by the stop maintaining device, (Moriya: Paragraph 0007: “The vehicle control device according to the present invention includes a driving support control unit capable of performing automatic driving control for stopping the vehicle in response to detection of an abnormal state of the driver while the vehicle is running, and a vehicle stopping by the automatic driving control. It is provided with a remote control unit that controls transmission of a remote control permission notification that later permits remote control of the vehicle. As a result, after the vehicle is stopped by the automatic driving control, the operation control of the vehicle is executed in place of the driver who is in an abnormal state in response to an operation from an operator at a remote location. Here, the driver's abnormal state is, for example, a state in which the driver loses consciousness due to sudden illness, fainting, etc., or a state in which the driver cannot concentrate on driving due to dozing, inattentiveness, etc. A state with a high probability of being unable to do so.”)
wherein when the start permission condition is satisfied, the control device changes from the normal mode to the remote operation mode, and
wherein when the start permission condition is not satisfied, the control device prohibits starting the remote operation mode. (Moriya: Paragraph 0007: “The vehicle control device according to the present invention includes a driving support control unit capable of performing automatic driving control for stopping the vehicle in response to detection of an abnormal state of the driver while the vehicle is running, and a vehicle stopping by the automatic driving control. It is provided with a remote control unit that controls transmission of a remote control permission notification that later permits remote control of the vehicle. As a result, after the vehicle is stopped by the automatic driving control, the operation control of the vehicle is executed in place of the driver who is in an abnormal state in response to an operation from an operator at a remote location. Here, the driver's abnormal state is, for example, a state in which the driver loses consciousness due to sudden illness, fainting, etc., or a state in which the driver cannot concentrate on driving due to dozing, inattentiveness, etc. A state with a high probability of being unable to do so.”; Paragraph 0009: “it is conceivable that the operation function of the vehicle that can be remotely controlled in response to the remote control signal is set according to the satisfaction status of a predetermined condition. As a result, the operation function of the vehicle that can be remotely controlled is limited according to the satisfaction status of the predetermined conditions. Here, the vehicle operation functions include a heating function and a cooling function that adjust the air conditioning inside the vehicle, an ISS (Idling Stop System) function that controls idling stop, a driving function that performs various controls related to the driving of the vehicle, and an electric parking brake (EPB). : Electronic Parking Brake) is a control function of the vehicle that can be controlled through the operation of the driver or the operation of a remote operator, such as the EPB function.”; Paragraph 0015: “the vehicle can be appropriately remotely controlled according to the situation when the vehicle is stopped by the automatic driving control, so that the safety of the driver can be ensured. Further, by limiting the timing at which the vehicle can be remotely controlled, the security of the vehicle can be improved.”,
Supplemental Note: the vehicle system is able to detect the driver’s condition and in-turn stop the operation function of the vehicle)
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 Moriya with a reasonable expectation of success. Please refer to the rejection of claim 12 for the rejection of this claim as they claim the same function and therefor rejected under the same pretenses.
Regarding claim 15, Mori, as modified, does not teach wherein the stop maintaining device includes a parking brake or an electric parking brake, and wherein when the start permission condition is not satisfied, the control device automatically activates the stop maintaining device whereas Moriya does.
Moriya teaches wherein the stop maintaining device includes a parking brake or an electric parking brake, (Moriya: Paragraph 0007: “The vehicle control device according to the present invention includes a driving support control unit capable of performing automatic driving control for stopping the vehicle in response to detection of an abnormal state of the driver while the vehicle is running, and a vehicle stopping by the automatic driving control. It is provided with a remote control unit that controls transmission of a remote control permission notification that later permits remote control of the vehicle. As a result, after the vehicle is stopped by the automatic driving control, the operation control of the vehicle is executed in place of the driver who is in an abnormal state in response to an operation from an operator at a remote location. Here, the driver's abnormal state is, for example, a state in which the driver loses consciousness due to sudden illness, fainting, etc., or a state in which the driver cannot concentrate on driving due to dozing, inattentiveness, etc. A state with a high probability of being unable to do so.”)
and wherein when the start permission condition is not satisfied, the control device automatically activates the stop maintaining device. (Moriya: Paragraph 0007: “The vehicle control device according to the present invention includes a driving support control unit capable of performing automatic driving control for stopping the vehicle in response to detection of an abnormal state of the driver while the vehicle is running, and a vehicle stopping by the automatic driving control. It is provided with a remote control unit that controls transmission of a remote control permission notification that later permits remote control of the vehicle. As a result, after the vehicle is stopped by the automatic driving control, the operation control of the vehicle is executed in place of the driver who is in an abnormal state in response to an operation from an operator at a remote location. Here, the driver's abnormal state is, for example, a state in which the driver loses consciousness due to sudden illness, fainting, etc., or a state in which the driver cannot concentrate on driving due to dozing, inattentiveness, etc. A state with a high probability of being unable to do so.”; Paragraph 0009: “it is conceivable that the operation function of the vehicle that can be remotely controlled in response to the remote control signal is set according to the satisfaction status of a predetermined condition. As a result, the operation function of the vehicle that can be remotely controlled is limited according to the satisfaction status of the predetermined conditions. Here, the vehicle operation functions include a heating function and a cooling function that adjust the air conditioning inside the vehicle, an ISS (Idling Stop System) function that controls idling stop, a driving function that performs various controls related to the driving of the vehicle, and an electric parking brake (EPB). : Electronic Parking Brake) is a control function of the vehicle that can be controlled through the operation of the driver or the operation of a remote operator, such as the EPB function.”; Paragraph 0015: “the vehicle can be appropriately remotely controlled according to the situation when the vehicle is stopped by the automatic driving control, so that the safety of the driver can be ensured. Further, by limiting the timing at which the vehicle can be remotely controlled, the security of the vehicle can be improved.”,
Supplemental Note: the vehicle system is able to detect the driver’s condition and in-turn stop the operation function of the vehicle. In the example above, the vehicle is able to idlily stop)
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 Moriya with a reasonable expectation of success. Please refer to the rejection of claim 12 for the rejection of this claim as they claim the same function and therefor rejected under the same pretenses.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 20190324453 A1), Nozaki et al. (US 20210107526 A1) Buehler et al. (US 20050060066 A1) and Fumiyuki et al. (US 20210331710 A1) as applied to claim 1 above, and further in view of Ahmed et al (US 20210231447 A1).
Regarding claim 6, Mori, as modified, does not teach wherein the start permission condition further includes that a communication quality of communication between the vehicle and the remote operation target vehicle is equal to or higher than a threshold whereas Ahmed does.
Ahmed teaches wherein the start permission condition further includes that a communication quality of communication between the vehicle and the remote operation target vehicle is equal to or higher than a threshold. (Ahmed: Abstract: “A method performed by a vehicle manager (150) for managing a remote-controlled vehicle (160).”; Paragraph 0004: “In the field of telecommunication, it is often of interest for network operators to ensure that communication services are executed with adequate performance and quality. Depending on the type of service and requirements in a service agreement or the like, a certain level of quality may be required or expected, which is sometimes regulated by a Service Level Agreement (SLA) or the like. Consequently, to fulfil SLAs and meet user expectations the network operator needs to gain control of the performance of a service when executed, and be able to obtain predictions of the performance in the future during service execution. For example, service performance and resulting quality are typically related to network latency, visual and/or audio reproduction and data accuracy, as experienced by an end-user. In particular, remote control of vehicles has typically high demands on the communication service performance of the wireless network and the radio access points therein, which is often regulated by SLAs related to requirements of said communication.”)
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 Ahmed with a reasonable expectation of success. Both Mori and Ahmed teach vehicles able to be remotely controlled by an operator other than the driver to perform vehicle functions. Ahmed further teaches the ability of a SLA to be met when in remote operation as to make sure the communication is adequate. One with knowledge in the art would find this obvious to try to combine with the vehicle system of Mori. For example, a remote controlled vehicle with poor communication connection introduces lag, delay in vehicle operations to be sent, which both can cause serious harm to the vehicle, the road users and the driver. Having a communication standard such as SLA allows for the remote operation to be only performed when the communication signal quality is adequate, thus mitigating any dangerous circumstances a poor connection might bring.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 20190324453 A1), Nozaki et al. (US 20210107526 A1) , Buehler et al. (US 20050060066 A1) and Fumiyuki et al. (US 20210331710 A1) as applied to claim 1 above, and further in view of Moriya et al (JP 2021174193 A) and Takayuki et al. (JP 2021011233 A).
Regarding claim 16, Mori, as modified, teaches wherein the rejection notification includes: 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. (Mori: Paragraph 0064: “In S104, the control unit 440 determines whether or not the characteristic determined in S102 satisfies a predetermined condition. The predetermined condition may be a condition regarding the travelling speed characteristic, a condition regarding the characteristic of the number of times of travelling acceleration/deceleration, a condition regarding the intervehicle distance characteristic of the vehicle 400 and another vehicle, and the like. For example, the predetermined condition may be “the travelling speed characteristic is fast”, “the characteristic of the number of times of acceleration/deceleration is large or slightly large”, “the intervehicle distance characteristic is short” and the like. The predetermined condition may also include a plurality of conditions. In S104, if it is determined that the condition is satisfied the step advances to S106, and if it is determined that the condition is not satisfied, the step returns to S102.”; Paragraph 0069: “In S206, the control unit 440 outputs a warning to the occupant 40 of the vehicle 400. The control unit 440 may output the warning via a display unit provided to the vehicle 400. The warning includes contents for inquiring the occupant 40 about whether to enter the manual driving mode or not. For example, the warning includes a reception object that receives an instruction to enter the manual driving mode. Also, the warning includes information that indicates a condition that the characteristic determined in S202 satisfies. For example, if a condition that the travelling speed characteristic is fast is satisfied, the warning includes information indicating the condition that the travelling speed characteristic is fast.”,
Supplemental Note: the warning of not being able to remotely control the vehicle is the vehicle is traveling too fast and therefore braking would lower the speed of the vehicle so the remote control can start)
In sum, Mori teaches wherein the rejection notification includes: 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. Mori however does not teach wherein when the start permission condition is not satisfied, the control device sends a rejection notification to the operator whereas Takayuki does.
Takayuki teaches wherein when the start permission condition is not satisfied, the control device sends a rejection notification to the operator, (Takayuki: Paragraphs 0028 – 0029: “The notification unit 13 may notify the remote operator R of precautions for remote control, which are predetermined according to the location of the failure. Even if the notification unit 13 notifies the remote operator R of the evacuation space (space such as a road shoulder or parking lot) within a certain distance from the autonomous driving vehicle 2 based on the map information and the position information of the autonomous driving vehicle 2. Good. When the notification unit 13 determines that the vehicle cannot travel according to the remote control, the remote operator R is informed that the autonomous driving vehicle 2 cannot travel according to the remote control (for example, the autonomous driving vehicle 2 cannot be remotely controlled). Notify that a failure has occurred).”)
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 Takayuki with a reasonable expectation of success. Both Takayuki and Mori teach the ability of vehicles that are able to be remotely controlled by a remote operator. Takayuki further teaches the ability to send notifications back to the operator when a start condition is not met for the remote control operation. One with knowledge in the art would find this function obvious to try with the vehicle system of Mori as it increases the transparency between the driver and the operator on when to properly start the remote control function. For example, Mori already teaches sending notifications to the occupant of the vehicle that a remote control function cannot be started due to the vehicle driving too fast. This can also be sent to a remote operator as this allows them to better understand the condition of the vehicle and preemptively know a remote control operation is soon to be started when the driver makes the proper adjustments.
Response to Arguments
Applicant’s arguments, see section Claim Rejections – 35 U.S.C. 101 of the REMARKS, filed 08/05/2025, with respect to 35 U.S.C. 101 claim rejection of claims 1 – 11 have been fully considered and are persuasive. The 35 U.S.C. 101 claim rejection of claims 1 – 11 has been withdrawn.
Applicant’s arguments, see section Claim Rejections – 35 U.S.C. 103 of the REMARKS, filed 08/05/2025, with respect to 35 U.S.C. 103 prior art rejection of claims 1 – 11 have been fully considered and are persuasive. The current prior art of Mori is not used to teach the amended claim limitation of “to prohibit communication with the remote operation target vehicle”. However, upon further consideration, a new ground(s) of rejection is made in view of Fumiyuki et al. (US 20210331710 A1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/SHIVAM SHARMA/Examiner, Art Unit 3665
/Erin D Bishop/Supervisory Patent Examiner, Art Unit 3665
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