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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/22/2025 has been considered by the examiner.
Response to Arguments
With respect to the previous 35 U.S.C. 103 rejections. Applicant's remarks filed on 09/22/2025 with respect to previous claim rejections under 35 U.S.C. 103 have been fully considered and persuasive and the Examiner relies upon newly cited reference Kazunao et al (JP2008049888A).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a notification unit, as in SPEC (para 22) in claims 3 and 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 7, 9 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable in view of Ueyama (US 2007/0005218 A1), in further view of Kazunao (JP2008049888A).
Regarding claim 1, Ueyama discloses a control device for a moving body, the control device being configured to execute following movement control under which a movement speed of a moving body is controlled to follow a preceding moving body moving ahead of the moving body, and constant speed movement control under which the movement speed of the moving body is controlled to be a predetermined target speed wherein the control device is configured to execute, when the preceding moving body is detected, the following movement control (see Ueyama figure 4 and para “0045” “FIG. 4 shows a state transition diagram for preceding vehicle follow-up in the cruise control system 103… (3) a follow-up control state in which the controlled vehicle detects the preceding vehicle (60 km/h) to keep a headway distance proportional to the speed of the controlled vehicle according to the speed (60 km/h) of the preceding vehicle”),
Ueyama teaches when the preceding is lost the ACC will stop the follow up until the preceding vehicle appears again (see at least Ueyama paras “0004”, “0037” and “0048”), but Ueyama fails to explicitly teach execute, when the preceding moving body is no longer detected during execution of the following movement control, the constant speed movement control under which the movement speed of the moving body is controlled such that the movement speed of the moving body becomes the target speed based on a movement speed of a surrounding moving body moving in a surrounding area of the moving body.
However, Kazunao teaches execute, when the preceding moving body is no longer detected during execution of the following movement control, the constant speed movement control under which the movement speed of the moving body is controlled such that the movement speed of the moving body becomes the target speed based on a movement speed of a surrounding moving body moving in a surrounding area of the moving body (see Kazunao paras “0025”, “0045”, “0072-0073“ “If the preceding vehicle does not exist, the so-called ACC control (adaptive cruise control) that controls the engine, transmission, and brake of the vehicle to maintain the vehicle speed at the set target speed is maintained. Control)”, “Hereinafter, the ACC control process of this embodiment will be described with reference to FIG. FIG. 2 is a flowchart showing an ACC control process executed by the ACC / ECU 2. The ACC control process is a process that starts when the traveling speed of the vehicle exceeds a predetermined speed set in advance”, “when it is determined that there is no preceding vehicle (S510: NO), Based on the information on the surrounding vehicles acquired via the inter-vehicle communication unit 16, it is determined whether there is a vehicle under ACC control in the vicinity” and “In S520, when it is determined that there is a vehicle under ACC control in the vicinity (S520: YES), the process proceeds to S540 and is set in the vehicle under ACC control via the inter-vehicle communication unit 16. Is obtained as a target travel speed, and the process ends” regarding when it is determined that no preceding vehicle exists during execution of ACC control the system acquires information regarding surrounding vehicles via an inter-vehicle communication unit and determine if there is another vehicle in the vicinity and when such surrounding vehicle exists obtains the speed set in the surrounding vehicle under ACC control and sets that speed as the target travel speed of the host vehicle),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to allow a vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Regarding claim 2, Ueyama fails to explicitly teach wherein the target speed is acquired based on the movement speed of the surrounding moving body during execution of the following movement control.
However, Kazunao teaches wherein the target speed is acquired based on the movement speed of the surrounding moving body during execution of the following movement control (see Kazunao paras “0025”, “0045”, “0072-0073“ “If the preceding vehicle does not exist, the so-called ACC control (adaptive cruise control) that controls the engine, transmission, and brake of the vehicle to maintain the vehicle speed at the set target speed is maintained. Control)”, “Hereinafter, the ACC control process of this embodiment will be described with reference to FIG. FIG. 2 is a flowchart showing an ACC control process executed by the ACC / ECU 2. The ACC control process is a process that starts when the traveling speed of the vehicle exceeds a predetermined speed set in advance”, “when it is determined that there is no preceding vehicle (S510: NO), Based on the information on the surrounding vehicles acquired via the inter-vehicle communication unit 16, it is determined whether there is a vehicle under ACC control in the vicinity” and “In S520, when it is determined that there is a vehicle under ACC control in the vicinity (S520: YES), the process proceeds to S540 and is set in the vehicle under ACC control via the inter-vehicle communication unit 16. Is obtained as a target travel speed, and the process ends” regarding when it is determined that no preceding vehicle exists during execution of ACC control the system acquires information regarding surrounding vehicles via an inter-vehicle communication unit and determine if there is another vehicle in the vicinity and when such surrounding vehicle exists obtains the speed set in the surrounding vehicle under ACC control and sets that speed as the target travel speed of the host vehicle),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to allow a vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Regarding claim 7, Ueyama fails to explicitly teach wherein, when the moving body changes a travel lane to a destination travel lane among a plurality of travel lanes in the surrounding area of the moving body, the control device is configured to execute the constant speed movement control under which the movement speed of the moving body is controlled to reach the target speed based on the movement speed of the surrounding moving body moving in the destination travel lane among the surrounding moving bodies.
However, Kazunao teaches wherein, when the moving body changes a travel lane to a destination travel lane among a plurality of travel lanes in the surrounding area of the moving body, the control device is configured to execute the constant speed movement control under which the movement speed of the moving body is controlled to reach the target speed based on the movement speed of the surrounding moving body moving in the destination travel lane among the surrounding moving bodies (see Kazunao paras “0025”, “0045”, “0072-0073“ “If the preceding vehicle does not exist, the so-called ACC control (adaptive cruise control) that controls the engine, transmission, and brake of the vehicle to maintain the vehicle speed at the set target speed is maintained. Control)”, “Hereinafter, the ACC control process of this embodiment will be described with reference to FIG. FIG. 2 is a flowchart showing an ACC control process executed by the ACC / ECU 2. The ACC control process is a process that starts when the traveling speed of the vehicle exceeds a predetermined speed set in advance”, “when it is determined that there is no preceding vehicle (S510: NO), Based on the information on the surrounding vehicles acquired via the inter-vehicle communication unit 16, it is determined whether there is a vehicle under ACC control in the vicinity” and “In S520, when it is determined that there is a vehicle under ACC control in the vicinity (S520: YES), the process proceeds to S540 and is set in the vehicle under ACC control via the inter-vehicle communication unit 16. Is obtained as a target travel speed, and the process ends” regarding when it is determined that no preceding vehicle exists during execution of ACC control the system acquires information regarding surrounding vehicles via an inter-vehicle communication unit and determine if there is another vehicle in the vicinity and when such surrounding vehicle exists obtains the speed set in the surrounding vehicle under ACC control and sets that speed as the target travel speed of the host vehicle),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to allow a vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Regarding claim 9, Ueyama discloses a control device for a moving body, the control device being configured to execute following movement control under which a movement speed of a moving body is controlled to follow a preceding moving body moving ahead of the moving body, and constant speed movement control under which the movement speed of the moving body is controlled to be a predetermined speed, wherein the control device is configured to execute, when the preceding moving body is detected, the following movement control (see Ueyama figure 4 and para “0045” “FIG. 4 shows a state transition diagram for preceding vehicle follow-up in the cruise control system 103… (3) a follow-up control state in which the controlled vehicle detects the preceding vehicle (60 km/h) to keep a headway distance proportional to the speed of the controlled vehicle according to the speed (60 km/h) of the preceding vehicle”),
Ueyama teaches when the preceding is lost the ACC will stop the follow up until the preceding vehicle appears again (see at least Ueyama paras “0004”, “0037” and “0048”), but Ueyama fails to explicitly teach execute, when the preceding moving body is no longer detected during execution of the following movement control, the constant speed movement control under which an acceleration of the moving body is controlled such that the movement speed of the moving body becomes a speed based on a movement speed of a surrounding moving body moving in a surrounding area of the moving body.
However, Kazunao teaches execute, when the preceding moving body is no longer detected during execution of the following movement control, the constant speed movement control under which an acceleration of the moving body is controlled such that the movement speed of the moving body becomes a speed based on a movement speed of a surrounding moving body moving in a surrounding area of the moving body (see Kazunao paras “0025”, “0045”, “0072-0073“ “If the preceding vehicle does not exist, the so-called ACC control (adaptive cruise control) that controls the engine, transmission, and brake of the vehicle to maintain the vehicle speed at the set target speed is maintained. Control)”, “Hereinafter, the ACC control process of this embodiment will be described with reference to FIG. FIG. 2 is a flowchart showing an ACC control process executed by the ACC / ECU 2. The ACC control process is a process that starts when the traveling speed of the vehicle exceeds a predetermined speed set in advance”, “when it is determined that there is no preceding vehicle (S510: NO), Based on the information on the surrounding vehicles acquired via the inter-vehicle communication unit 16, it is determined whether there is a vehicle under ACC control in the vicinity” and “In S520, when it is determined that there is a vehicle under ACC control in the vicinity (S520: YES), the process proceeds to S540 and is set in the vehicle under ACC control via the inter-vehicle communication unit 16. Is obtained as a target travel speed, and the process ends” regarding when it is determined that no preceding vehicle exists during execution of ACC control the system acquires information regarding surrounding vehicles via an inter-vehicle communication unit and determine if there is another vehicle in the vicinity and when such surrounding vehicle exists obtains the speed set in the surrounding vehicle under ACC control and sets that speed as the target travel speed of the host vehicle),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to allow a vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Regarding claim 13, Ueyama discloses a control method for a moving body, comprising: executing, by a computer, following movement control under which a movement speed of a moving body is controlled to follow a preceding moving body moving ahead of the moving body when the preceding moving body is detected (see Ueyama figure 4 and para “0045” “FIG. 4 shows a state transition diagram for preceding vehicle follow-up in the cruise control system 103… (3) a follow-up control state in which the controlled vehicle detects the preceding vehicle (60 km/h) to keep a headway distance proportional to the speed of the controlled vehicle according to the speed (60 km/h) of the preceding vehicle”),
Ueyama teaches when the preceding is lost the ACC will stop the follow up until the preceding vehicle appears again (see at least Ueyama paras “0004”, “0037” and “0048”), but Ueyama fails to explicitly teach constant speed movement control under which the movement speed or an acceleration of the moving body is controlled such that the movement speed of the moving body becomes a speed based on a movement speed of a surrounding moving body moving in a surrounding area of the moving body when the preceding moving body is no longer detected during execution of the following movement control.
However, Kazunao teaches constant speed movement control under which the movement speed or an acceleration of the moving body is controlled such that the movement speed of the moving body becomes a speed based on a movement speed of a surrounding moving body moving in a surrounding area of the moving body when the preceding moving body is no longer detected during execution of the following movement control (see Kazunao paras “0025”, “0045”, “0072-0073“ “If the preceding vehicle does not exist, the so-called ACC control (adaptive cruise control) that controls the engine, transmission, and brake of the vehicle to maintain the vehicle speed at the set target speed is maintained. Control)”, “Hereinafter, the ACC control process of this embodiment will be described with reference to FIG. FIG. 2 is a flowchart showing an ACC control process executed by the ACC / ECU 2. The ACC control process is a process that starts when the traveling speed of the vehicle exceeds a predetermined speed set in advance”, “when it is determined that there is no preceding vehicle (S510: NO), Based on the information on the surrounding vehicles acquired via the inter-vehicle communication unit 16, it is determined whether there is a vehicle under ACC control in the vicinity” and “In S520, when it is determined that there is a vehicle under ACC control in the vicinity (S520: YES), the process proceeds to S540 and is set in the vehicle under ACC control via the inter-vehicle communication unit 16. Is obtained as a target travel speed, and the process ends” regarding when it is determined that no preceding vehicle exists during execution of ACC control the system acquires information regarding surrounding vehicles via an inter-vehicle communication unit and determine if there is another vehicle in the vicinity and when such surrounding vehicle exists obtains the speed set in the surrounding vehicle under ACC control and sets that speed as the target travel speed of the host vehicle),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to allow a vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Regarding claim 14, Ueyama fails to explicitly teach a non-transitory computer readable storage medium storing a control program for a moving body causing a computer to execute the control method.
However, Kazunao teaches a non-transitory computer readable storage medium storing a control program for a moving body causing a computer to execute the control method (see Kazunao paras “0027-0028” and “0035-0039”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to control the host vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Regarding claim 15, Ueyama fails to explicitly teach wherein the target speed is calculated based on the movement speed of the surrounding moving body.
However, Kazunao teaches wherein the target speed is calculated based on the movement speed of the surrounding moving body (see Kazunao paras “0025”, “0045”, “0072-0073“ “If the preceding vehicle does not exist, the so-called ACC control (adaptive cruise control) that controls the engine, transmission, and brake of the vehicle to maintain the vehicle speed at the set target speed is maintained. Control)”, “Hereinafter, the ACC control process of this embodiment will be described with reference to FIG. FIG. 2 is a flowchart showing an ACC control process executed by the ACC / ECU 2. The ACC control process is a process that starts when the traveling speed of the vehicle exceeds a predetermined speed set in advance”, “when it is determined that there is no preceding vehicle (S510: NO), Based on the information on the surrounding vehicles acquired via the inter-vehicle communication unit 16, it is determined whether there is a vehicle under ACC control in the vicinity” and “In S520, when it is determined that there is a vehicle under ACC control in the vicinity (S520: YES), the process proceeds to S540 and is set in the vehicle under ACC control via the inter-vehicle communication unit 16. Is obtained as a target travel speed, and the process ends” regarding when it is determined that no preceding vehicle exists during execution of ACC control the system acquires information regarding surrounding vehicles via an inter-vehicle communication unit and determine if there is another vehicle in the vicinity and when such surrounding vehicle exists obtains the speed set in the surrounding vehicle under ACC control and sets that speed as the target travel speed of the host vehicle),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to allow a vehicle to follow another vehicle speed if no preceding vehicle exists” as taught by Kazunao (paras. [0072-0073]) in order to maintain harmonized traffic flow and reduce relative speed differences with nearby vehicles.
Claims 3, 5 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable in view of Ueyama (US2007/0005218 A1), in further view of Kazunao (JP2008049888A) as applied to claim 1 above, in further view of Kurihashi et al (US 2023/0382375 A1).
Regarding claim 3, Ueyama fails to explicitly teach wherein the target speed is acquired based on the movement speed of the surrounding moving body during execution of the following movement control and the control device is configured to notify the user, via a notification unit, of information for the user to select the target speed from the first target speed and the second target speed.
However, Kurihashi teaches wherein the target speed is acquired based on the movement speed of the surrounding moving body during execution of the following movement control and the control device is configured to notify the user, via a notification unit, of information for the user to select the target speed from the first target speed and the second target speed (see Kurihashi paras “0009-0019” “(2) The follow-up travel support device described in above (1), wherein the set speed of the host vehicle is a set speed of an adaptive cruise control set by an occupant of the host vehicle, and the processor is configured to control acceleration and deceleration of the host vehicle so that a speed of the host vehicle becomes the target vehicle speed”, “(3) The follow-up travel support device described in above (2), wherein the processor is configured to notify the occupant of the host vehicle that the speed of the host vehicle is changed from the set speed of the adaptive cruise control via an output device of the host vehicle” and “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to set the target vehicle speed to a speed different from a set speed of the host vehicle until a partner vehicle that performs a follow-up travel in which a following vehicle follows a preceding vehicle” as taught by Kurihashi (paras. [0009-0019]) in order to notify the driver by whether to follow up another vehicle ahead or by letting the driver preset a preferred speed to provide a smarter and safer speed control strategy for a smooth ride.
Regarding claim 5, Ueyama fails to explicitly teach wherein the target speed is selectively set from a first target speed preset by a user of the moving body and a second target speed based on the movement speed of the surrounding moving body, and the control device is configured to set, when a command for accelerating the moving body is input from the user during execution of the constant speed movement control based on the second target speed, the target speed to a higher one of the first target speed and the second target speed.
However, Kurihashi teaches wherein the target speed is selectively set from a first target speed preset by a user of the moving body and a second target speed based on the movement speed of the surrounding moving body (see Kurihashi paras “0009-0019” “(2) The follow-up travel support device described in above (1), wherein the set speed of the host vehicle is a set speed of an adaptive cruise control set by an occupant of the host vehicle, and the processor is configured to control acceleration and deceleration of the host vehicle so that a speed of the host vehicle becomes the target vehicle speed”, “(3) The follow-up travel support device described in above (2), wherein the processor is configured to notify the occupant of the host vehicle that the speed of the host vehicle is changed from the set speed of the adaptive cruise control via an output device of the host vehicle” and “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle”),
and the control device is configured to set, when a command for accelerating the moving body is input from the user during execution of the constant speed movement control based on the second target speed, the target speed to a higher one of the first target speed and the second target speed. (see Kurihashi paras “0009-0019” and “0072” “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle” and “In the step S204, the vehicle speed setting unit 16 sets the target vehicle speed of the host vehicle to a speed higher than the set speed of the host vehicle. That is, the vehicle speed setting unit 16 sets the target vehicle speed of the host vehicle to be higher than the set speed of the host vehicle by a predetermined value (for example, 10 km/h to 20 km/h). The set speed of the host vehicle is, for example, the set speed of ACC set by the occupant of the host vehicle.”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to set the target vehicle speed to a speed different from a set speed of the host vehicle until a partner vehicle that performs a follow-up travel in which a following vehicle follows a preceding vehicle” as taught by Kurihashi (paras. [0009-0019]) in order to notify the driver by whether to follow up another vehicle ahead or by letting the driver preset a preferred speed to provide a smarter and safer speed control strategy for a smooth ride.
Regarding claim 10, Ueyama fails to explicitly teach wherein the target speed is selectively set from a first target speed preset by a user of the moving body and a second target speed based on the movement speed of the surrounding moving body, and the control device is configured to set, when a command for accelerating the moving body is input from the user during execution of the constant speed movement control based on the second target speed, the target speed to a higher one of the first target speed and the second target speed.
However, Kurihashi teaches wherein, when the preceding moving body is no longer detected during execution of the following movement control, the moving body is accelerated or decelerated at a predetermined acceleration based on the movement speed of the surrounding moving body, and the predetermined acceleration is acquired during the execution of the following movement control (see Kurihashi paras “0009-0019” and “0072” “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle” and “In the step S204, the vehicle speed setting unit 16 sets the target vehicle speed of the host vehicle to a speed higher than the set speed of the host vehicle. That is, the vehicle speed setting unit 16 sets the target vehicle speed of the host vehicle to be higher than the set speed of the host vehicle by a predetermined value (for example, 10 km/h to 20 km/h). The set speed of the host vehicle is, for example, the set speed of ACC set by the occupant of the host vehicle.”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to set the target vehicle speed to a speed different from a set speed of the host vehicle until a partner vehicle that performs a follow-up travel in which a following vehicle follows a preceding vehicle” as taught by Kurihashi (paras. [0009-0019]) in order to notify the driver by whether to follow up another vehicle ahead or by letting the driver preset a preferred speed to provide a smarter and safer speed control strategy for a smooth ride.
Regarding claim 11, Ueyama fails to explicitly teach wherein the control device is configured to execute a first constant speed movement control as the constant speed movement control under which the acceleration of the moving body is controlled such that the movement speed of the moving body becomes the speed based on the movement speed of the surrounding moving body, and a second constant speed movement control under which the acceleration of the moving body is controlled such that the movement speed of the moving body becomes a target speed preset by a user, notify the user, via a notification unit, of information for selecting whether to execute the first constant speed movement control or the second constant speed movement control, and execute, when the preceding moving body is no longer detected during execution of the following movement control, one of the first constant speed movement control and the second constant speed movement control selected by the user.
However, Kurihashi teaches wherein the control device is configured to execute a first constant speed movement control as the constant speed movement control under which the acceleration of the moving body is controlled such that the movement speed of the moving body becomes the speed based on the movement speed of the surrounding moving body (see Kurihashi paras “0009-0019” “(2) The follow-up travel support device described in above (1), wherein the set speed of the host vehicle is a set speed of an adaptive cruise control set by an occupant of the host vehicle, and the processor is configured to control acceleration and deceleration of the host vehicle so that a speed of the host vehicle becomes the target vehicle speed”, “(3) The follow-up travel support device described in above (2), wherein the processor is configured to notify the occupant of the host vehicle that the speed of the host vehicle is changed from the set speed of the adaptive cruise control via an output device of the host vehicle” and “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle”),
and a second constant speed movement control under which the acceleration of the moving body is controlled such that the movement speed of the moving body becomes a target speed preset by a user, notify the user, via a notification unit, of information for selecting whether to execute the first constant speed movement control or the second constant speed movement control, and execute, when the preceding moving body is no longer detected during execution of the following movement control, one of the first constant speed movement control and the second constant speed movement control selected by the user (see Kurihashi paras “0009-0019” and “0072” “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle” and “In the step S204, the vehicle speed setting unit 16 sets the target vehicle speed of the host vehicle to a speed higher than the set speed of the host vehicle. That is, the vehicle speed setting unit 16 sets the target vehicle speed of the host vehicle to be higher than the set speed of the host vehicle by a predetermined value (for example, 10 km/h to 20 km/h). The set speed of the host vehicle is, for example, the set speed of ACC set by the occupant of the host vehicle.”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to set the target vehicle speed to a speed different from a set speed of the host vehicle until a partner vehicle that performs a follow-up travel in which a following vehicle follows a preceding vehicle” as taught by Kurihashi (paras. [0009-0019]) in order to notify the driver by whether to follow up another vehicle ahead or by letting the driver preset a preferred speed to provide a smarter and safer speed control strategy for a smooth ride.
Regarding claim 12, Ueyama fails to explicitly teach wherein the predetermined acceleration is set based on the movement speed and an acceleration of the surrounding moving body.
However, Kurihashi teaches wherein the predetermined acceleration is set based on the movement speed and an acceleration of the surrounding moving body (see Kurihashi paras “0009-0019” “(2) The follow-up travel support device described in above (1), wherein the set speed of the host vehicle is a set speed of an adaptive cruise control set by an occupant of the host vehicle, and the processor is configured to control acceleration and deceleration of the host vehicle so that a speed of the host vehicle becomes the target vehicle speed”, “(3) The follow-up travel support device described in above (2), wherein the processor is configured to notify the occupant of the host vehicle that the speed of the host vehicle is changed from the set speed of the adaptive cruise control via an output device of the host vehicle” and “(4) The follow-up travel support device described in above (1), wherein acceleration and deceleration of the host vehicle is controlled by a driver of the host vehicle, and the processor is configured to notify the driver of the host vehicle of the target vehicle speed via an output device of the host vehicle”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to set the target vehicle speed to a speed different from a set speed of the host vehicle until a partner vehicle that performs a follow-up travel in which a following vehicle follows a preceding vehicle” as taught by Kurihashi (paras. [0009-0019]) in order to notify the driver by whether to follow up another vehicle ahead or by letting the driver preset a preferred speed to provide a smarter and safer speed control strategy for a smooth ride.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable in view of Ueyama (US 2007/0005218 A1), in further view of Kazunao (JP2008049888A) as applied to claim 1 above, in further view of Yamaguchi (US 2023/0124903 A1).
Regarding claim 8, Ueyama fails to explicitly teach wherein the target speed is acquired based on the movement speed of the surrounding moving body during execution of the following movement control.
However, Yamaguchi teaches wherein the target speed is acquired based on the movement speed of the surrounding moving body during execution of the following movement control (see Yamaguchi paras “0012”, “0023” and “0025” “detecting another vehicle present in front of a vehicle (V) and dividing lines extending in front of the vehicle, and acquiring information on the detected another vehicle and dividing lines as surrounding information; determining whether a preceding vehicle (Vp) is present based on the surrounding information, and executing adaptive cruise control (ACC) of, when the preceding vehicle is determined to be present, executing acceleration control and deceleration control such that an inter-vehicle distance (d) to the preceding vehicle matches a predetermined target inter-vehicle distance (dtgt) which becomes longer as a speed of the vehicle increases, and when the preceding vehicle is determined to be absent, executing acceleration control and deceleration control such that the speed (v) of the vehicle matches a predetermined target vehicle speed”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ueyama for adaptive cruise control system and navigation system's media with vehicle control information included “to match the speed of the vehicle to a target speed by accelerating the vehicle” as taught by Yamaguchi (paras. [0012] – [0025]) in order to adjust the speed of the vehicle to improve riding comfort.
Allowable Subject Matter
Claims 4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSSAM M ABD EL LATIF whose telephone number is (571)272-5869. The examiner can normally be reached M-F 8 am-5 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached on (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HOSSAM M ABD EL LATIF/Examiner, Art Unit 3664