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 .
Claim(s) 11 were canceled.
Claim(s) 10 and 12-21 are pending for examination.
This Action is made NON-FINAL.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/14/2026 has been entered.
Response to Arguments
Applicant's arguments with respect to the previous rejection of claims 10 and 12-18 under 35 U.S.C. 103 have been considered but are deemed moot in view of the new grounds of rejection necessitated by Applicant's Amendment.
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 a “a driving assistance device configured to…” as recited in claims 10, 12-18.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Regarding the “driving assistance device” the specification states on page 7 “To that end, the control system 1 may notably comprise at least one processor or a computer or a calculator on board the motor vehicle V. The control system 1 has one or more processing means for managing the automation of the driving. In particular, the control system 1 has an automated management module 3, a driving assistance device 5, and a steering control member 7 for controlling the steering of the motor vehicle V.” As the driving assistance device is part of the control system it will be assumed that atleast one processor is performing its function and thus the corresponding structure will be interpreted as such.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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) recites sufficient structure to perform the claimed function so as to avoid 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 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) 10, 12-13, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Breisinger et al (US 20200086907 A1, hereinafter known as Breisinger) in view of Breisinger et al. (US 20200023830 A1, hereinafter known as Breisinger2), Komatsu et al. (US 20240294115 A1, hereinafter known as Komatsu), and Gascon Rivera et al. (US 20170144593 A1, hereinafter known as Gascon Rivera).
Breisinger, Breisinger2, and Komatsu were cited in a previous office action.
Regarding Claim 10, Breisinger teaches A control system for controlling a motor vehicle configured to be driven in a manual mode by a driver without automated assistance or in different levels of driving automation by an automated management module of the control system, the control system comprising:
{Abstract “A driving system for an automated drive for a motor vehicle includes a steering wheel display with a lighting strip structure. The lighting strip structure of the steering wheel display is luminous in a defined lighting color for a duration which can be modified according to the actuation. The driving system is designed to control the steering wheel display such that the lighting strip structure is luminous in the lighting color over a starting length during the automated drive. Upon approaching an end of the automated drive lying ahead, the driving system determines that the vehicle has approached an end point of the automated drive lying ahead in such a manner that a specified approach condition has been satisfied. In response thereto, the steering wheel display is actuated such that the lighting strip structure is luminous in the lighting color with a successively decreasing length starting from the starting length as the distance to the end point of the automated drive decreases successively in order to prepare the driver to completely or at least partly take over control of the vehicle again.”
}
a driving assistance device configured to analyze a road configuration of the motor vehicle so as to determine when a level of driving automation is available and to detect an active level of driving automation, and
{Para [0058] “Based on the section distance Δs to a known endpoint for highly automated driving and a prognosis relating to the speed up to the endpoint, the current time distance Δt to the endpoint for highly automated driving is continually estimated.”
}
a steering control member configured to control steering of the motor vehicle,
{Para [0051] “FIG. 1 illustrates an exemplary embodiment of a steering wheel 1 having a steering wheel display. The steering wheel display has a light band structure 2 in the form of a ring, which is integrated in the steering wheel rim. The light band structure 2 comprises a chain of light-emitting elements 3 of the same type which are arranged one next to the other. The light-emitting elements 3 are for example light-emitting diodes (LEDs). Each light-emitting element 3 can comprise one or more light-emitting diodes, for example two or three diodes, in particular in the case of a light-emitting element 3 which is capable of emitting different emitted light colors.”
}
wherein: the steering control member includes at least: one first region provided with at least one first indicator light configured to indicate an available or active level of driving automation,
{Fig. 3 and Para [0057] “The sequence starts with a state in which the driving mode for highly automated driving is active and the longitudinal and lateral control of the vehicle is performed by the driving system. In this state, the light band structure emits light as a closed ring in a first color that is assigned to highly automated driving due to a corresponding actuation of the steering wheel display (see step 100); for this purpose, all the light-emitting elements 3 emit light in the first emitted light color, for example blue. The length of the right and left light-emitting regions of the ring is in each case l.sub.0. This is preferably a permanent emission of light.”
Where the top and bottom of the wheel can be considered as a first region
}
one second region provided with at least one second indicator light configured to indicate at least one request for manual driving,
{Para [0062-0064] “After the current time distance Δt has become less than or equal to the specified time distance Δt.sub.1 (see interrogation 110 in FIG. 2), the light-emitting length l with which the left and right part of the steering wheel display emits blue light is reduced to the length l=l.sub.1 (see FIG. 3 and step 120 in FIG. 2) by switching off a defined set of the uppermost and lowermost light-emitting elements 3 emitting light in the first emitted light color. With the reduction in length, it would also be possible to switch from permanent light emission to flashing light emission.
After the current time distance Δt has become less than or equal to the specified time distance Δt.sub.2 (see interrogation 130 in FIG. 3), the light-emitting length l with which the left and right part of the steering wheel display emits light in the first emitted light color is reduced to the length l=l.sub.2 (see FIG. 3 and step 140) by switching off a further defined set of the uppermost and lowermost light-emitting elements 3 emitting light in the first emitted light color.
If the driver does not take over the driving task, the length is successively reduced with reaching of the individual time distances t.sub.i until the length l with which the left and right part of the steering wheel display emits light of the first emitted light color is reduced to the minimum length l=l.sub.n≥0 (see step 160) after the time distance Δt.sub.n to the endpoint for automated driving was reached (see the interrogation 150). Alternatively, it would also be possible for the length to be successively reduced to zero upon reaching the individual time distances t.sub.i.”
Where the lateral parts of the illuminated steering wheel can be considered as a second region.
}
the driving assistance device is configured to modify a state of at least one of the indicator lights: when the driving assistance device determines an available level of driving automation, so as to indicate the available level of driving automation that was determined, when the driving assistance device detects an active level of driving automation, so as to indicate the active level of driving automation that was detected
{Para [0057] “The sequence starts with a state in which the driving mode for highly automated driving is active and the longitudinal and lateral control of the vehicle is performed by the driving system. In this state, the light band structure emits light as a closed ring in a first color that is assigned to highly automated driving due to a corresponding actuation of the steering wheel display (see step 100); for this purpose, all the light-emitting elements 3 emit light in the first emitted light color, for example blue. The length of the right and left light-emitting regions of the ring is in each case l.sub.0. This is preferably a permanent emission of light.”
Applicant has not indicated the “determines an available level of driving automation” excludes determining that driving automation is active. Anything that reads on determining that driving automation is active asl reads on determining an available level of driving automation.
}
when the driving assistance device determines, depending on the road configuration, that the motor vehicle must be driven by the driver, so as to indicate at least one request for manual driving of the motor vehicle, and
{ Para [0062-0064] “After the current time distance Δt has become less than or equal to the specified time distance Δt.sub.1 (see interrogation 110 in FIG. 2), the light-emitting length l with which the left and right part of the steering wheel display emits blue light is reduced to the length l=l.sub.1 (see FIG. 3 and step 120 in FIG. 2) by switching off a defined set of the uppermost and lowermost light-emitting elements 3 emitting light in the first emitted light color. With the reduction in length, it would also be possible to switch from permanent light emission to flashing light emission.
After the current time distance Δt has become less than or equal to the specified time distance Δt.sub.2 (see interrogation 130 in FIG. 3), the light-emitting length l with which the left and right part of the steering wheel display emits light in the first emitted light color is reduced to the length l=l.sub.2 (see FIG. 3 and step 140) by switching off a further defined set of the uppermost and lowermost light-emitting elements 3 emitting light in the first emitted light color.
If the driver does not take over the driving task, the length is successively reduced with reaching of the individual time distances t.sub.i until the length l with which the left and right part of the steering wheel display emits light of the first emitted light color is reduced to the minimum length l=l.sub.n≥0 (see step 160) after the time distance Δt.sub.n to the endpoint for automated driving was reached (see the interrogation 150). Alternatively, it would also be possible for the length to be successively reduced to zero upon reaching the individual time distances t.sub.i.”
}
when the driving assistance device detects a switchover between a level of driving automation and the manual mode, so as to indicate a changeover in responsibility for driving between the automated management module and the driver.
{Para [0071-0072] “At least after reaching the time distance Δt.sub.1, the driver can take over the driving task by placing his or her hands on the steering wheel 1. Using hands-on sensor technology in the steering wheel, the point at which the driver puts his or her hands on the steering wheel 1 is detected. As a reaction thereto, the remaining regions of the steering wheel display that emit light of the first emitted light color are reduced to zero in quick succession and the driving task is transferred to the driver. This reaction can be dependent on whether one or more optional further conditions have been met, for example whether the driver is looking at the traffic situation ahead. The rapid decrease to zero signals to the driver the transfer of the driving task to the driver.
FIG. 3, in the lower region of the diagram, illustrates an exemplary behavior of the steering wheel display when the driver at the time point t.sub.x puts his or her hands on the steering wheel to take over the driving task.”
}
wherein the steering control member is a steering wheel including:
{Fig. 3 Para [0031] “The sequence starts with a state in which the driving mode for highly automated driving is active and the longitudinal and lateral control of the vehicle is performed by the driving system. In this state, the light band structure emits light as a closed ring in a first color that is assigned to highly automated driving due to a corresponding actuation of the steering wheel display (see step 100); for this purpose, all the light-emitting elements 3 emit light in the first emitted light color, for example blue. The length of the right and left light-emitting regions of the ring is in each case l.sub.0. This is preferably a permanent emission of light.”
}
Breisinger does not teach, one third region provided with at least one third indicator light configured to indicate a changeover in responsibility for driving between the automated management module and the driver.
a hub provided with said at least one first indicator light
and two arms which connect the hub to the peripheral ring, said at least one third indicator light being provided symmetrically on the two arms.
However, Breisinger2 teaches one third region provided with at least one third indicator light configured to indicate a changeover in responsibility for driving between the automated management module and the driver.
{Para [0068] “The driving system assists a variety of driving modes:
1. Manual driving mode (manual driving): In the manual driving mode, both the longitudinal and also the lateral control are performed manually by the driver. By actuating the operating element 5.5 (“MAN”), the manual driving mode can be selected by the driver. With active manual driving mode, the operating element 5.5 (“MAN”) is backlit in color to indicate the active driving mode.”
}
And two arms which connect the hub to the peripheral ring, said at least one third indicator light being provided
{Fig. 1 label 5.5 Para [0068] “The driving system assists a variety of driving modes:
1. Manual driving mode (manual driving): In the manual driving mode, both the longitudinal and also the lateral control are performed manually by the driver. By actuating the operating element 5.5 (“MAN”), the manual driving mode can be selected by the driver. With active manual driving mode, the operating element 5.5 (“MAN”) is backlit in color to indicate the active driving mode.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Breisinger to incorporate the teachings of Breisinger 2 to have a light in a third region indicating changover because It gives the driver confirmation that changeover has occurred so they can focus on driving improving safety.
Breisinger in view of Breisinger2 does not teach, a hub provided with said at least one first indicator light,
at least one third indicator light being provided symmetrically on the two arms
However, Komatsu teaches a hub provided with said at least one first indicator light,
{Para [0710-0718] “FIG. 89 illustrates states of the display unit 201CL and the illumination 1002 when the preparation for autonomous driving is completed.
In addition to the display contents illustrated in FIG. 87, the display unit 201CL displays an icon 1311 indicating that the preparation for autonomous driving is completed. Note that to the left of the icon 1311, a speed limit of the road on which the vehicle 1 is traveling is displayed.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light moves in a predetermined pattern over the illumination 1002.
Thus, the driver can surely recognize that the preparation for autonomous driving is complete.
Furthermore, for example, when the autonomous driving of the vehicle 1C is started, the display unit 201CL and the illumination 1002 give notification of the start of the autonomous driving.
FIG. 90 illustrates states of the display unit 201CL and the illumination 1002 when autonomous driving is started.
The display unit 201CL displays, for example, an image in front of the vehicle 1C captured by the camera 51FC. On the display unit 201CL, for example, the shift position, charge amount, speed, cruising range, speed limit of the road on which the vehicle is traveling, fuel consumption, and the like are displayed. On the display unit 201CL, an icon 1312 indicating that autonomous driving is in progress is displayed to the right of the above-mentioned icon 1311. Furthermore, for example, the color of the icon 1311 changes with the start of autonomous driving.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light gradually turns blue while moving in a predetermined pattern over the illumination 1002. Finally, the entire illumination 1002 turns on in blue and remains on in blue during autonomous driving.
Thus, the driver can surely recognize that the autonomous driving has been started. Furthermore, by turning on the illumination 1002, occupants other than the driver can surely recognize that the autonomous driving has been started.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Breisinger in view of Breisinger2 to incorporate the teachings of Komatsu to have a hub region with the indicating light for autonomous driving because it ensures the driver can recognize the start of autonomous driving (para [0718] “Thus, the driver can surely recognize that the autonomous driving has been started. Furthermore, by turning on the illumination 1002, occupants other than the driver can surely recognize that the autonomous driving has been started.”)
Breisinger in view of Breisinger2 and Komatsu does not teach, at least one third indicator light being provided symmetrically on the two arms
However, Gascon teaches at least one third indicator light being provided symmetrically on the two arms
{Para [0017] “A least one flexible light guide 22 is operably coupled to the steering wheel assembly 12. For example, the flexible light guide 22 may be press fit to the central hub 16 adjacent to one of the side housings 20. In the illustrated example, two flexible light guides 22 are used, each light guide 22 being disposed adjacent to one of the side housings 20. The light guides 22 are configured to emit light therefrom, wherein the light originates with the light sources 18 disposed in the side pockets 21.”
Para [0030] “In one variation, the vehicle display assembly 10 causes the LEDs 18 to illuminate the light guides 22 in red when the vehicle is in a sporty driving mode, in green when the vehicle is in an economy or ecologic driving mode, and in blue when the vehicle is in a city driving mode. Another color could be used for a comfort driving mode. The driver easily determines what mode the vehicle is in due to the color emanating from the steering wheel assembly 12, and the driver does not need to remember to look for the mode on a small tell tale mixed in with a variety of other information on the instrument cluster. In other variations, the lighting can be used for style or branding.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Breisinger in view of Breisinger2 and Komatsu to incorporate the teachings of Gascon to have both arms illuminate driving because it makes the illumination more noticeable to the driver (para [0030] “In one variation, the vehicle display assembly 10 causes the LEDs 18 to illuminate the light guides 22 in red when the vehicle is in a sporty driving mode, in green when the vehicle is in an economy or ecologic driving mode, and in blue when the vehicle is in a city driving mode. Another color could be used for a comfort driving mode. The driver easily determines what mode the vehicle is in due to the color emanating from the steering wheel assembly 12, and the driver does not need to remember to look for the mode on a small tell tale mixed in with a variety of other information on the instrument cluster. In other variations, the lighting can be used for style or branding.”)
Regarding Claim 12, Breisinger in view of Breisinger2, Komatsu, and Gascon teaches The control system as claimed in claim 10. Breisinger further teaches wherein at least one of the indicator lights includes at least one light source configured to emit different colors of light, and wherein the driving assistance device is configured to manage an illumination of said at least one indicator light in a predefined color code.
{Para [0031] “If the light band structure is integrated in the steering wheel rim, the length along which the left and right halves of the light band structure emit light in the emitted light color (for example blue) can be reduced to a defined minimum length in dependence on the distance from the endpoint of automated driving. The regions of minimum length in the left and right halves that emit light in the emitted light color then in each case mark a contact region for touching the steering wheel. That is to say, the regions on the steering wheel rim where the hands of the driver should be positioned to ensure his or her capability of taking over are marked. When the driver then fails to take over the driving task, the color of these light-emitting regions can furthermore be changed to a color having a stronger warning character (for example orange or red) to intensify the warning. Alternatively or additionally, it is possible to change from permanent light emission to flashing light emission.”
}
Regarding Claim 13, Breisinger in view of Breisinger2, Komatsu, and Gascon teaches The control system as claimed in claim 10.
Komatsu teaches wherein at least one of the indicator lights includes at least one light source of variable intensity, and wherein the driving assistance device is configured to manage an illumination of said at least one indicator light with a first light intensity when a level of automation is available and with a second intensity, different than the first intensity, when a level of automation is active.
{Para [0710-0718] “FIG. 89 illustrates states of the display unit 201CL and the illumination 1002 when the preparation for autonomous driving is completed.
In addition to the display contents illustrated in FIG. 87, the display unit 201CL displays an icon 1311 indicating that the preparation for autonomous driving is completed. Note that to the left of the icon 1311, a speed limit of the road on which the vehicle 1 is traveling is displayed.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light moves in a predetermined pattern over the illumination 1002.
Thus, the driver can surely recognize that the preparation for autonomous driving is complete.
Furthermore, for example, when the autonomous driving of the vehicle 1C is started, the display unit 201CL and the illumination 1002 give notification of the start of the autonomous driving.
FIG. 90 illustrates states of the display unit 201CL and the illumination 1002 when autonomous driving is started.
The display unit 201CL displays, for example, an image in front of the vehicle 1C captured by the camera 51FC. On the display unit 201CL, for example, the shift position, charge amount, speed, cruising range, speed limit of the road on which the vehicle is traveling, fuel consumption, and the like are displayed. On the display unit 201CL, an icon 1312 indicating that autonomous driving is in progress is displayed to the right of the above-mentioned icon 1311. Furthermore, for example, the color of the icon 1311 changes with the start of autonomous driving.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light gradually turns blue while moving in a predetermined pattern over the illumination 1002. Finally, the entire illumination 1002 turns on in blue and remains on in blue during autonomous driving.
Thus, the driver can surely recognize that the autonomous driving has been started. Furthermore, by turning on the illumination 1002, occupants other than the driver can surely recognize that the autonomous driving has been started.”
Where white can be considered as a different intensity than blue as they have different wavelengths.
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Breisinger in view of Breisinger2 to incorporate the teachings of Komatsu to have different intensities for autonomous driving availability and activation because it ensures the driver can recognize the start of autonomous driving (para [0718] “Thus, the driver can surely recognize that the autonomous driving has been started. Furthermore, by turning on the illumination 1002, occupants other than the driver can surely recognize that the autonomous driving has been started.”)
Regarding Claim 15, Breisinger in view of Breisinger2, Komatsu, and Gascon teaches The control system as claimed in claim 10. Breisinger further teaches The control system as claimed in claim 10, wherein the driving assistance device is configured to manage at least one lighting display sequence of at least one of the indicator lights representing the changeover of responsibility for driving.
{Para [0071-0072] “At least after reaching the time distance Δt.sub.1, the driver can take over the driving task by placing his or her hands on the steering wheel 1. Using hands-on sensor technology in the steering wheel, the point at which the driver puts his or her hands on the steering wheel 1 is detected. As a reaction thereto, the remaining regions of the steering wheel display that emit light of the first emitted light color are reduced to zero in quick succession and the driving task is transferred to the driver. This reaction can be dependent on whether one or more optional further conditions have been met, for example whether the driver is looking at the traffic situation ahead. The rapid decrease to zero signals to the driver the transfer of the driving task to the driver.
FIG. 3, in the lower region of the diagram, illustrates an exemplary behavior of the steering wheel display when the driver at the time point t.sub.x puts his or her hands on the steering wheel to take over the driving task.”
}
Regarding Claim 17, Breisinger in view of Breisinger2, Komatsu, and Gascon teaches The motor vehicle comprising the control system as claimed in claim 13. Komatsu further teaches wherein at least one of the indicator lights includes at least one light source of variable intensity, and wherein the driving assistance device is configured to manage an illumination of said at least one indicator light with a first light intensity when a level of automation is available and with a second intensity, different than the first intensity, when a level of automation is active.
{Para [0710-0718] “FIG. 89 illustrates states of the display unit 201CL and the illumination 1002 when the preparation for autonomous driving is completed.
In addition to the display contents illustrated in FIG. 87, the display unit 201CL displays an icon 1311 indicating that the preparation for autonomous driving is completed. Note that to the left of the icon 1311, a speed limit of the road on which the vehicle 1 is traveling is displayed.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light moves in a predetermined pattern over the illumination 1002.
Thus, the driver can surely recognize that the preparation for autonomous driving is complete.
Furthermore, for example, when the autonomous driving of the vehicle 1C is started, the display unit 201CL and the illumination 1002 give notification of the start of the autonomous driving.
FIG. 90 illustrates states of the display unit 201CL and the illumination 1002 when autonomous driving is started.
The display unit 201CL displays, for example, an image in front of the vehicle 1C captured by the camera 51FC. On the display unit 201CL, for example, the shift position, charge amount, speed, cruising range, speed limit of the road on which the vehicle is traveling, fuel consumption, and the like are displayed. On the display unit 201CL, an icon 1312 indicating that autonomous driving is in progress is displayed to the right of the above-mentioned icon 1311. Furthermore, for example, the color of the icon 1311 changes with the start of autonomous driving.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light gradually turns blue while moving in a predetermined pattern over the illumination 1002. Finally, the entire illumination 1002 turns on in blue and remains on in blue during autonomous driving.
Thus, the driver can surely recognize that the autonomous driving has been started. Furthermore, by turning on the illumination 1002, occupants other than the driver can surely recognize that the autonomous driving has been started.”
Where white can be considered as a different intensity than blue as they have different wavelengths, and the switch from autonomous available to autonomous driving can be considered as a changeover.
}
Regarding Claim 18, Breisinger in view of Breisinger2, Komatsu, and Gascon teaches The motor vehicle comprising the control system as claimed in claim 10. Breisinger further teaches A motor vehicle configured to be driven in a manual driving mode by a driver without automated assistance or in different levels of driving automation
{Abstract “driving system for an automated drive for a motor vehicle includes a steering wheel display with a lighting strip structure. The lighting strip structure of the steering wheel display is luminous in a defined lighting color for a duration which can be modified according to the actuation. The driving system is designed to control the steering wheel display such that the lighting strip structure is luminous in the lighting color over a starting length during the automated drive. Upon approaching an end of the automated drive lying ahead, the driving system determines that the vehicle has approached an end point of the automated drive lying ahead in such a manner that a specified approach condition has been satisfied. In response thereto, the steering wheel display is actuated such that the lighting strip structure is luminous in the lighting color with a successively decreasing length starting from the starting length as the distance to the end point of the automated drive decreases successively in order to prepare the driver to completely or at least partly take over control of the vehicle again.”
}
Regarding Claim 19, Breisinger in view of Breisinger2, Komatsu, and Gascon teaches The motor vehicle comprising the control system as claimed in claim 10.
Komatsu further teaches wherein said at least one first indicator light is provided only on the hub
{Para [0710-0718] “FIG. 89 illustrates states of the display unit 201CL and the illumination 1002 when the preparation for autonomous driving is completed.
In addition to the display contents illustrated in FIG. 87, the display unit 201CL displays an icon 1311 indicating that the preparation for autonomous driving is completed. Note that to the left of the icon 1311, a speed limit of the road on which the vehicle 1 is traveling is displayed.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light moves in a predetermined pattern over the illumination 1002.
Thus, the driver can surely recognize that the preparation for autonomous driving is complete.
Furthermore, for example, when the autonomous driving of the vehicle 1C is started, the display unit 201CL and the illumination 1002 give notification of the start of the autonomous driving.
FIG. 90 illustrates states of the display unit 201CL and the illumination 1002 when autonomous driving is started.
The display unit 201CL displays, for example, an image in front of the vehicle 1C captured by the camera 51FC. On the display unit 201CL, for example, the shift position, charge amount, speed, cruising range, speed limit of the road on which the vehicle is traveling, fuel consumption, and the like are displayed. On the display unit 201CL, an icon 1312 indicating that autonomous driving is in progress is displayed to the right of the above-mentioned icon 1311. Furthermore, for example, the color of the icon 1311 changes with the start of autonomous driving.
Although detailed illustration is omitted, the illumination 1002 turns on in a predetermined pattern. For example, a plurality of short bands of white light gradually turns blue while moving in a predetermined pattern over the illumination 1002. Finally, the entire illumination 1002 turns on in blue and remains on in blue during autonomous driving.
Thus, the driver can surely recognize that the autonomous driving has been started. Furthermore, by turning on the illumination 1002, occupants other than the driver can surely recognize that the autonomous driving has been started.”
}
Breisinger further teaches and said at least one second indicator light is provided only on the peripheral ring.
{Fig. 3 Para [0031] “The sequence starts with a state in which the driving mode for highly automated driving is active and the longitudinal and lateral control of the vehicle is performed by the driving system. In this state, the light band structure emits light as a closed ring in a first color that is assigned to highly automated driving due to a corresponding actuation of the steering wheel display (see step 100); for this purpose, all the light-emitting elements 3 emit light in the first emitted light color, for example blue. The length of the right and left light-emitting regions of the ring is in each case l.sub.0. This is preferably a permanent emission of light.”
}
Claim(s) 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Breisinger et al (US 20200086907 A1, hereinafter known as Breisinger) in view of Breisinger et al. (US 20200023830 A1, hereinafter known as Breisinger2) and Kuoch (US 20160185387 A1).
Kouch was cited in a previous office action
Regarding Claim 14, Breisinger in view of Breisinger2 teaches The control system as claimed in claim 10.
Breisinger in view of Breisinger2 does not teach, wherein the driving assistance device is configured to manage: an illumination of said at least one first indicator light in a lighting display sequence when a level of driving automation is available, and an illumination of said at least one second indicator light in another lighting display sequence when the driving assistance device determines that the motor vehicle must be driven by the driver.
However, Kuoch teaches wherein the driving assistance device is configured to manage: an illumination of said at least one first indicator light in a lighting display sequence when a level of driving automation is available, and an illumination of said at least one second indicator light in another lighting display sequence when the driving assistance device determines that the motor vehicle must be driven by the driver.
{Para [0011] “Thus, the effect according to the invention is achieved in that upon switching the driver assistance device from the one drive mode into the other drive mode, a plurality of sectors of a preset path disposed one behind the other are consecutively illuminated in a preset movement direction such that the impression of a traveling light (moving light) is generated. Therein, the lighting path, along which the moving light is generated, can be disposed on the steering wheel in certain areas and outside of the steering wheel in certain areas such that light animation is provided, in which the impression is generated that the light moves from the steering wheel towards the outside of the steering wheel or in the inverse direction. Therein, the movement direction of the moving light is dependent on the switching direction of the driver assistance device, i.e. dependent on whether the driver assistance device is switched from the automatic drive mode into the manual drive mode or vice versa. In this manner, the attention of the driver can be particularly effectively and fast directed to the change between the different drive modes such that the driver can very fast react. Therein, such an approach proves particularly advantageous especially if the driver assistance device autonomously switches from the automatic drive mode into the manual drive mode and the control over the motor vehicle is to be assumed by the driver. This can be particularly fast signaled by means of the moving light.”
Para [0016-0017] “Thus, upon switching the driver assistance device from the manual drive mode into the automatic drive mode, the moving light can be generated in a first movement direction. In this first movement direction, the moving light is preferably moved from outside of the steering wheel (for example from the dashboard) towards the steering wheel, i.e. in particular from the mentioned second lighting unit towards the first lighting unit. Thus, animation is provided, in which the light is transmitted to the steering wheel, whereby it is signaled that the driver assistance device assumes the control over the motor vehicle.
Correspondingly, it can also be provided that upon switching the driver assistance device from the automatic drive mode into the manual drive mode, the moving light is moved in a second movement direction opposite to the first movement direction. Therein, it can be provided that upon switching the driver assistance device from the automatic into the manual drive mode, the moving light is generated from the steering wheel towards the outside of the steering wheel, i.e. in particular towards the mentioned interior trim part. If the above mentioned lighting units are employed, thus, the moving light is generated from the first lighting unit towards the second lighting unit. Thus, the impression is generated that the light moves away from the steering wheel. Thereby, the impression is conveyed to the driver as if the automatic control of the driver assistance device over the motor vehicle would be withdrawn, whereby the driver is caused to assume himself the control over the motor vehicle.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Breisinger in view of Breisinger2 to incorporate the teachings of Kuoch to have the sequence of light be dependent on the type of changeover because as stated by Kuoch in para [0011] “Therein, the movement direction of the moving light is dependent on the switching direction of the driver assistance device, i.e. dependent on whether the driver assistance device is switched from the automatic drive mode into the manual drive mode or vice versa. In this manner, the attention of the driver can be particularly effectively and fast directed to the change between the different drive modes such that the driver can very fast react. Therein, such an approach proves particularly advantageous especially if the driver assistance device autonomously switches from the automatic drive mode into the manual drive mode and the control over the motor vehicle is to be assumed by the driver. This can be particularly fast signaled by means of the moving light.”
Regarding Claim 16, Breisinger in view of Breisinger2 teaches The control system as claimed in claim 15.
Breisinger in view of Breisinger2 does not teach, wherein the driving assistance device is configured to manage: a first lighting display sequence such that said at least one indicator light forms a light path in a first direction, associated with a changeover in responsibility for driving from the driver to the automated management module, and a second lighting display sequence such that said at least one indicator light forms a light path in a second direction, associated with a changeover in responsibility for driving from the automated management module to the driver.
However, Kuoch teaches wherein the driving assistance device is configured to manage: a first lighting display sequence such that said at least one indicator light forms a light path in a first direction, associated with a changeover in responsibility for driving from the driver to the automated management module, and a second lighting display sequence such that said at least one indicator light forms a light path in a second direction, associated with a changeover in responsibility for driving from the automated management module to the driver.
{Para [0011] “Thus, the effect according to the invention is achieved in that upon switching the driver assistance device from the one drive mode into the other drive mode, a plurality of sectors of a preset path disposed one behind the other are consecutively illuminated in a preset movement direction such that the impression of a traveling light (moving light) is generated. Therein, the lighting path, along which the moving light is generated, can be disposed on the steering wheel in certain areas and outside of the steering wheel in certain areas such that light animation is provided, in which the impression is generated that the light moves from the steering wheel towards the outside of the steering wheel or in the inverse direction. Therein, the movement direction of the moving light is dependent on the switching direction of the driver assistance device, i.e. dependent on whether the driver assistance device is switched from the automatic drive mode into the manual drive mode or vice versa. In this manner, the attention of the driver can be particularly effectively and fast directed to the change between the different drive modes such that the driver can very fast react. Therein, such an approach proves particularly advantageous especially if the driver assistance device autonomously switches from the automatic drive mode into the manual drive mode and the control over the motor vehicle is to be assumed by the driver. This can be particularly fast signaled by means of the moving light.”
Para [0016-0017] “Thus, upon switching the driver assistance device from the manual drive mode into the automatic drive mode, the moving light can be generated in a first movement direction. In this first movement direction, the moving light is preferably moved from outside of the steering wheel (for example from the dashboard) towards the steering wheel, i.e. in particular from the mentioned second lighting unit towards the first lighting unit. Thus, animation is provided, in which the light is transmitted to the steering wheel, whereby it is signaled that the driver assistance device assumes the control over the motor vehicle.
Correspondingly, it can also be provided that upon switching the driver assistance device from the automatic drive mode into the manual drive mode, the moving light is moved in a second movement direction opposite to the first movement direction. Therein, it can be provided that upon switching the driver assistance device from the automatic into the manual drive mode, the moving light is generated from the steering wheel towards the outside of the steering wheel, i.e. in particular towards the mentioned interior trim part. If the above mentioned lighting units are employed, thus, the moving light is generated from the first lighting unit towards the second lighting unit. Thus, the impression is generated that the light moves away from the steering wheel. Thereby, the impression is conveyed to the driver as if the automatic control of the driver assistance device over the motor vehicle would be withdrawn, whereby the driver is caused to assume himself the control over the motor vehicle.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Breisinger in view of Breisinger2 to incorporate the teachings of Kuoch to have the sequence of light be dependent on the type of changeover because as stated by Kuoch in para [0011] “Therein, the movement direction of the moving light is dependent on the switching direction of the driver assistance device, i.e. dependent on whether the driver assistance device is switched from the automatic drive mode into the manual drive mode or vice versa. In this manner, the attention of the driver can be particularly effectively and fast directed to the change between the different drive modes such that the driver can very fast react. Therein, such an approach proves particularly advantageous especially if the driver assistance device autonomously switches from the automatic drive mode into the manual drive mode and the control over the motor vehicle is to be assumed by the driver. This can be particularly fast signaled by means of the moving light.”
Allowable Subject Matter
Claim 20-21 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
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/A.G.M./Examiner, Art Unit 3668
/JAMES J LEE/Supervisory Patent Examiner, Art Unit 3668