DETAILED CORRESPONDENCE
This action is in response to the filing of the RCE on 02/16/2026. Claims 3 – 5 and 15 - 17 remain cancelled.
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 Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 8, 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ungermann (US 20180362013).
Claim 1, Ungermann discloses a vehicle, comprising:
a switch configured to generate a signal for the vehicle to perform emergency stopping during driving; and a driving controller configured to control the vehicle to perform the emergency stopping in response to the signal generated by the switch [see Fig 1 and p0050 – 0052].
wherein:
the signal comprises a first signal generated in response to a first input to the switch, the signal further comprises a second signal generated in response to a second input to the switch, the second input being different from the first input, the first input and the second input are manual inputs [see Figs 1 and 2, p0007, p0057 – 0058, p0064; in step 100 of the flowchart in FIG. 2 it is detected that an operator (for example the driver or the front seat passenger) has started to actuate the parking brake operator control element BE (first input). In reaction to the actuation of the parking brake operator control element BE, the vehicle is braked, for example by means of the hydraulic service brake BB. In reaction to ending of the actuation of the parking brake operator control element BE, the emergency stop function is activated (second signal) (see step 130 in FIG. 2). The activation of the function is indicated to the driver, for example on a central display in the vehicle cockpit];
the driving controller is further configured to:
control an input-output device to display a notification that the vehicle is to be emergency stopped in response to the first signal [see p0064 - the activation of the function is indicated to the driver, for example on a central display in the vehicle cockpit];
confirm whether a device included in the vehicle is not operated after the first input is made [see p0022, p0037 – p0039 -the driver's condition information can alternatively or additionally also be information which relates to the actuation or non-actuation of one or more driver operator control elements (e.g. steering wheel, brake pedal or accelerator pedal) for the manual guidance of the vehicle. If, for example when the operator control element is actuated, a comfort driver assistance system with automatic longitudinal guidance and/or transverse guidance is automatically deactivated, it is possible to use as driver's condition information whether the driver assumes the driving task and actuates the accelerator pedal and/or the steering pedal, in particular actuates them normally. The driver assistance system is designed to prohibit activation of the emergency stop function as a function of the driver's condition information. Alternatively or additionally, the driver assistance system can be configured to abort an emergency stop function which has already been activated – thus teaching if there is non-actuation of one of the devices above, used for regular driving, then confirmation is complete that a device is not operated];
control the input-output device to provide guidance for operating the switch for
the second input, in response to the device not being operated [see p0021, the operator control action can be aborted, for example, by actuating a central operator control element, for example a push and press control knob, wherein the abort facility is pointed out on a display in the vehicle cockpit];
Ungermann does not specifically disclose control the vehicle to perform the emergency stop in response to the second signal based on the second input if the device is not being operated; and discontinue the emergency stopping in response to the device being operated.
However, Ungermann does teach an operator (for example the driver or the front seat passenger) has started to actuate the parking brake operator control element BE. In FIG. 3, the actuation B_BE of the parking brake operator control element BE is illustrated. At the time t.sub.1 the actuation B_BE of the parking brake operator control element BE starts by the switch BE being pulled.
In reaction to the actuation of the parking brake operator control element BE, the vehicle is braked, for example by means of the hydraulic service brake BB. This manual braking corresponds to the step 110 in FIG. 2. The acceleration a of the vehicle which is illustrated in FIG. 3 becomes negative here and reaches a particular maximum absolute value of the deceleration. The vehicle is decelerated further for as long as the parking brake operator control element BE continues to be actuated. In reaction to ending of the actuation of the parking brake operator control element BE, the emergency stop function is activated (see step 130 in FIG. 2). The activation of the function is indicated to the driver, for example on a central display in the vehicle cockpit [see p0057 – p0065 teaching that if a device, such as an accelerator pedal push or a steering wheel is being guided, the emergency stop maneuver will continue].
The emergency stop function can, however, be aborted at any time after its activation, for example by actuation of a central operator control element. The abort facility is therefore indicated on a display in the vehicle cockpit. Alternatively, the emergency stop function can be aborted by pressing the switch BE. Furthermore, the emergency stop function can be aborted by actuating the accelerator pedal or the steering wheel [see p0065 - teaching and discontinue the emergency stopping in response to the device being operated].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann, to include control the vehicle to perform the emergency stop in response to the second signal based on the second input if the device is not being operated; and discontinue the emergency stopping in response to the device being operated, as suggested and taught by Ungermann with a reasonable expectation of success, for the purpose of providing an emergency vehicle control device capable of easily and accurately estimating a state that makes it difficult for the driver to continue driving and executing automatic vehicle stop control.
Claim 12 is similarly rejected as Claim 1, see above.
Claim 8, Ungermann discloses the vehicle of claim 1, wherein the switch is an electronic parking brake switch [see p0007 - a driver assistance system having an emergency stop function for a motor vehicle. The motor vehicle comprises an electric parking brake, in particular an electromechanical parking brake (EMF). A parking brake operator control element serves to activate the electric parking brake when the motor vehicle is in a stationary state. Said parking brake operator control element is preferably an operator control element which can be actuated manually, for example a switch in the center console or in the dashboard].
Claim 20 is similarly rejected as Claim 8, see above.
Claim(s) 2, 9, 10, 11, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ungermann (US 20180362013) in view of Klink (US 20200377098 A1).
Claim 2, Ungermann discloses the vehicle of claim 1, but is silent to wherein the driving controller is further configured to control the vehicle to perform the emergency stopping, in response the first input to the switch lasting longer than a first period of time; and the second input to the switch lasting longer than a second period of time.
However, Klink discloses the manual activation of the emergency stop assistance function can take place, e.g., in that the operating element must be actuated for a predefined time period, e.g. pulled in the first direction or pushed in the opposite direction; the corresponding warning can inform the passengers of the upcoming activation during the actuation. The manual activation of the emergency stop assistance function can first take place after the predefined time period has elapsed while the operating element is being actuated (second period of time) [(see para 0012)].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann, to include wherein the driving controller is further configured to control the vehicle to perform the emergency stopping, in response the first input to the switch lasting longer than a first period of time; and the second input to the switch lasting longer than a second period of time, as suggested and taught by Klink, with a reasonable expectation of success, for the purpose of providing safely bringing the vehicle to a standstill, without the aid of the driver. It is frequently disadvantageous that another occupant, such as a passenger, cannot optimally interact with the emergency stop assistance function.
Claims 13 and 14 are similarly rejected as Claim 2, see above.
Claim 9, Ungermann discloses the vehicle of claim 1, but is silent to wherein the driving controller is further configured to: confirm whether a device included in the vehicle is not operated after the first input to the switch lasts for a first period of time; and control the vehicle to perform the emergency stopping, in response to the second input to the switch lasting for a second period of time.
However, Klink discloses he manual activation of the emergency stop assistance function can first take place after the predefined time period has elapsed while the operating element is being actuated. In other words, a temporal intermittent activation of the operating element does not result in activation of the emergency stop assistance function [See (para 0012)].
Further Klink discloses, when the operating element is moved and/or held in an actuating position, a predefined time period can elapse, and the activation of the emergency stop assistance function can first take place manually after this time period has elapsed [see (para 0020)].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann, to include wherein the driving controller is further configured to: confirm whether a device included in the vehicle is not operated after the first input to the switch lasts for a first period of time; and control the vehicle to perform the emergency stopping, in response to the second input to the switch lasting for a second period of time, as suggested and taught by Klink, with a reasonable expectation of success, for the purpose of providing a significant reduction in the time needed for the activation of an emergency stop activation system, which prevents errors by preventing uncontrolled and high speed of a vehicle further travel of the vehicle during an emergency.
Claim 10, Ungermann discloses the vehicle of claim 1, but is silent to wherein the driving controller is further configured to control the vehicle not to perform the emergency stopping, in response to a device included in the vehicle being operated during the second input to the switch.
Klink discloses an alarm initiation device may be configured for initiating at least one alarm action in the vehicle, preferably to initiate a pumping of the brakes, and/or a tensioning of the seatbelt in the vehicle in accordance with a second activation stage. The execution device may preferably be configured to activate the second activation stage in accordance with the first stage selection and/or in accordance with the second stage selection [see para 0017].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann, to include wherein the driving controller is further configured to control the vehicle not to perform the emergency stopping, in response to a device included in the vehicle being operated during the second input to the switch, as suggested and taught by Klink, with a reasonable expectation of success, for the purpose of providing that the driver can be alerted in order to assume control of the vehicle, teaching that the emergency stopping does not take place (driver in control).
Claim 11, Ungermann discloses the vehicle of claim 1, but is silent to wherein the driving controller is further configured to perform an acceleration limit control in response to the first input to the switch.
However, Klink discloses a warning can first be issued to the driver in accordance with a first activation stage, in particular to request that the driver assume control of the vehicle, and/or initiate braking and/or seatbelt tensioning [see (para p0025)].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann, to include wherein the driving controller is further configured to perform an acceleration limit control in response to the first input to the switch, as suggested and taught by Klink, with a reasonable expectation of success, for the purpose of providing that the driver can be alerted in order to assume control of the vehicle, teaching that the emergency stopping does not take place, but other warning such as initiate braking and/or seat belt tensioning will take place to warn the driver.
Claim(s) 6, 7, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ungermann (US 20180362013) in view of WO2021038935A1 (hereinafter referred to as ‘935).
Claim 6, Ungermann discloses the vehicle of claim 1, but fails to disclose wherein the switch is further configured to: move in a first direction relative to a center position;
move in second direction relative to the center position, the second direction being different than the first direction; and be biased towards the center position.
However, ‘935 teaches an operating device that controls a driving force and a resisting force applied to an operating portion that is operable in at least a first direction and a second direction. The operation unit 10 may be provided with a biasing means (not shown). 286 The biasing means may be, for example, a coil spring. For example, when the operating unit 10 is tilted in one direction, the coil spring contracts, and when the tilting is released or weakened, the coil spring expands, returning the operating unit 10 to the neutral position. The operation unit 10 is provided with a biasing means, for example a coil spring, and a return-to-origin position C1 is set near the center of the movement [see Figs 8 – 11 and p0025, p0085].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann to include wherein, the switch is configured to move in a first direction relative to a center position, wherein the switch is configured to move in second direction relative to the center position, the second direction being different than the first direction, and wherein the switch is configured to be biased towards the center position, as suggested and taught by ‘935, with a reasonable expectation of success, for the purpose of providing a switch or operating device performing control that provides precise, stable operation and a fine feeling of operation.
Claim 18 is similarly rejected as Claim 6, see above.
Claim 7, Ungermann discloses the vehicle of claim 6, but fails to disclose wherein the switch is further configured to: generate the first signal in response to the first input to the switch physically moving the switch in the first direction; and generate the second signal in response to the second input to the switch physically moving the switch in the second direction.
However, ‘935 discloses the position of the operating unit in a first direction (first input) is detected by the first position detection unit, and the position in the second direction (second input) is detected by the second position detection unit. The driving force (which is a force to operate = signal) in the first direction (first driving force = first signal) and the resistance force in the first direction; as well as the driving force in the second direction the driving force in the second direction (second driving force = second signal) and the resistance force in the second direction (second resistance force) are applied to the operating unit are adjusted according to the positions detected by these detection units [(para 0009)].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Ungermann, to include wherein the switch is configured to generate the first signal in response to the first input to the switch physically moving the switch in the first direction, and wherein the switch is configured to generate the second signal in response to the second input to the switch physically moving the switch in the second direction, as suggested and taught by ‘935, with a reasonable expectation of success, for the purpose of providing a switch or operating device performing control that provides precise, stable operation and a fine feeling of operation.
Claim 19 is similarly rejected as Claim 7, see above.
Conclusion
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENEE LAROSE whose telephone number is (313)446-4856. The examiner can normally be reached on Monday - Friday 8:30am - 5:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached on (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Renee LaRose/Examiner, Art Unit 3657