DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the amendments filed on 23 July 2025. Claims 1 and 4 are amended. Claim 5 is cancelled. Claim 6 is newly added. Claims 1-4 and 6 are presently pending and examined.
Response to Arguments
101 Rejection
Applicant’s amendments and cancellation of Claim 5, see remarks, filed 23 July 2025, with respect to 101 rejections have been fully considered. The 101 rejection of Claim 5 has been withdrawn.
Prior Art Rejection
Applicant’s amendments and accompanying arguments, see remarks, filed 23 July 2025, with respect to the rejection(s) of Claim 1-4 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hiroshi Ohmura et. al. US20200339119A1 (“Ohmura”).
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, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Takeshi Inoguchi et. al US10604153B2 (“Inoguchi”) in view of Yusuke Kobota et. el. JP2007326494A (“Kobota”), ECE Regulation 39 - Uniform provisions concerning the approval of vehicles with regard to the speedometer equipment including its installation (“UNECE-39”) and Hiroshi Ohmura et. al. US20200339119A1 (“Ohmura”).
As per Claim 1,
Inoguchi discloses:
the vehicle control method comprising acquiring, as a first vehicle speed, a vehicle speed designated by the user or a speed limit of a road on which the vehicle travels (see at least [Col 1, Line 16-18] acquires a speed limit of a road on which an own vehicle travels, and sets a target speed of the own vehicle to the speed limit).
setting a set vehicle speed to be higher than the first vehicle speed; (see at least Figure 6, Vset is greater than Vlim).
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wherein a difference between the set vehicle speed and the first vehicle speed; is equal to or less than a difference between the meter vehicle speed and the actual vehicle speed (see at least [Col 2, Line 32-34] speed deviation acquisition means (S14, S15) for acquiring a speed deviation which is a magnitude of a deviation between the speed limit and the target speed, and [Col 30, Line 43-45] set the target speed through the first function when the speed deviation is equal to or smaller than a predetermined threshold which is larger than zero).
Inoguchi does not disclose,
wherein a meter vehicle speed presented to a user of the vehicle is higher than an actual vehicle speed of the vehicle.
UNECE-39 teaches,
wherein a meter vehicle speed presented to a user of the vehicle is higher than an actual vehicle speed of the vehicle (see at least [ section 5.3] The speed indicated shall not be less than the true speed of the vehicle. At the test speeds specified in paragraph 5.2.5 above, there shall be the following relationship between the speed displayed (V 1) and the true speed (V 2) 0 ≤ (V 1 – V 2) ≤ 0.1 V 2 + 4 km/h
Thus, Inoguchi discloses a vehicle control method and UNECE-36 teaches a speedometer where the meter vehicle speed presented to a user is higher than an actual vehicle speed of the vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Inoguchi with the displaying requirements taught by UNECE-39, with a reasonable expectation of success, to conform to the requirements of the Regulation in respect of the speedometer equipment including its installation (see at least [4.1]).
Inoguchi does not disclose,
controlling a speed of the vehicle such that the meter vehicle speed does not exceed the set vehicle speed.
Kobota teaches,
controlling a speed of the vehicle such that the meter vehicle speed does not exceed the set vehicle speed (see at least [0043] when the upper limit vehicle speed Vm exceeds the set vehicle speed Vc, the cruise control functions effectively except when the accelerator is overridden. As a result, the vehicle speed V should be moving around the set vehicle speed Vc).
Thus, Inoguchi discloses a vehicle control method and Kobota teaches vehicle control where the meter vehicle speed (displayed speed) does not exceed the set vehicle speed (target speed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Inoguchi to include restricting the speed of the vehicle from exceeding the set vehicle speed as by Kobota, with a reasonable expectation of success, to provide a vehicle display device capable of appropriately displaying any one of set vehicle speeds on one display screen when both constant speed traveling control and vehicle speed limiting control are performed (see at least [0009]).
Inoguchi does not disclose,
presenting the set vehicle speed to the user; requesting approval of the set vehicle speed from the user; and receiving the approval or a rejection of the set vehicle speed in response to requesting the approval from the user,
Ohmura teaches,
presenting the set vehicle speed to the user; requesting approval of the set vehicle speed from the user; and receiving the approval or a rejection of the set vehicle speed in response to requesting the approval from the user, (see at least [0027] The driver manipulation unit 35 is provided in the passenger compartment of the vehicle 1 such that it can be manipulated by the driver, and comprises: a mode selection switch 36 for selecting a desired driving support mode from the plural driving support modes; a setting vehicle speed input part 37 for inputting a setting vehicle speed in accordance with the selected driving support mode; and an approval input part 38 for performing an approval input manipulation regarding a legal speed limit, [0028] The driver can manipulate the vehicle speed change button such that a desired setup vehicle speed is displayed on the setup vehicle speed display. Through this manipulation, a setup vehicle speed signal representing the displayed setup vehicle speed is output, and [0029] The approval input part 38 comprises a legal speed limit display, and an approval button. The driver can push down the approval button after confirming that a legal speed limit displayed on the legal speed limit display is coincident with a speed designated by a speed sign outside the vehicle 1. Through this manipulation, an approval signal is output.
Thus, Inoguchi discloses a vehicle control method and Ohmura teaches a driver manipulation unit to present a speed to user and request and receive approval from user.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Inoguchi with the user manipulation of speed setting as taught by Ohmura, with a reasonable expectation of success, to comply with the driving intention of a driver (0005).
As per Claim 2,
Inoguchi discloses,
wherein the difference between the set vehicle speed and the first vehicle speed is equal to the difference between the meter vehicle speed and the actual vehicle speed (see at least [Col 2, Line 32-34] speed deviation acquisition means (S14, S15) for acquiring a speed deviation which is a magnitude of a deviation between the speed limit and the target speed, and [Col 30, Line 43-45] set the target speed through the first function when the speed deviation is equal to or smaller than a predetermined threshold which is larger than zero).
As per Claim 4,
Inoguchi discloses:
the vehicle control system configured to acquire, as a first vehicle speed, a vehicle speed designated by the user or a speed limit of a road on which the vehicle travels (see at least [Col 1, Line 16-18] acquires a speed limit of a road on which an own vehicle travels, and sets a target speed of the own vehicle to the speed limit).
Set a set vehicle speed to be higher than the first vehicle speed; (see at least Figure 6, Vset is greater than Vlim).
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wherein a difference between the set vehicle speed and the first vehicle speed is equal to or less than a difference between the meter vehicle speed and the actual vehicle speed (see at least [Col 2, Line 32-34] speed deviation acquisition means (S14, S15) for acquiring a speed deviation which is a magnitude of a deviation between the speed limit and the target speed, and [Col 30, Line 43-45] set the target speed through the first function when the speed deviation is equal to or smaller than a predetermined threshold which is larger than zero).
Inoguchi does not disclose,
wherein a meter vehicle speed presented to a user of the vehicle is higher than an actual vehicle speed of the vehicle.
UNECE-39 teaches,
wherein a meter vehicle speed presented to a user of the vehicle is higher than an actual vehicle speed of the vehicle (see at least [ section 5.3] The speed indicated shall not be less than the true speed of the vehicle. At the test speeds specified in paragraph 5.2.5 above, there shall be the following relationship between the speed displayed (V 1) and the true speed (V 2) 0 ≤ (V 1 – V 2) ≤ 0.1 V 2 + 4 km/h
Thus, Inoguchi discloses, a vehicle control system and UNECE-36 teaches a speedometer where the meter vehicle speed presented to a user is higher than an actual vehicle speed of the vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Inoguchi with the displaying requirements taught by UNECE-39, with a reasonable expectation of success, to conform to the requirements of the Regulation in respect of the speedometer equipment including its installation (see at least [4.1]).
Inoguchi does not disclose,
control a speed of the vehicle such that the meter vehicle speed does not exceed the set vehicle speed.
Kobota teaches,
control a speed of the vehicle such that the meter vehicle speed does not exceed the set vehicle speed (see at least [0043] when the upper limit vehicle speed Vm exceeds the set vehicle speed Vc, the cruise control functions effectively except when the accelerator is overridden. As a result, the vehicle speed V should be moving around the set vehicle speed Vc).
Thus, Inoguchi discloses a vehicle control system and Kobota teaches vehicle control where the meter vehicle speed (displayed speed) does not exceed the set vehicle speed (target speed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inventions of Inoguchi to include restricting the speed of the vehicle from exceeding the set vehicle speed as by Kobota, with a reasonable expectation of success, to provide a vehicle display device capable of appropriately displaying any one of set vehicle speeds on one display screen when both constant speed traveling control and vehicle speed limiting control are performed (see at least [0009]).
Inoguchi does not disclose,
presenting the set vehicle speed to the user; requesting approval of the set vehicle speed from the user; and receiving the approval or a rejection of the set vehicle speed in response to requesting the approval from the user,
Ohmura teaches,
presenting the set vehicle speed to the user; requesting approval of the set vehicle speed from the user; and receiving the approval or a rejection of the set vehicle speed in response to requesting the approval from the user, (see at least [0027] The driver manipulation unit 35 is provided in the passenger compartment of the vehicle 1 such that it can be manipulated by the driver, and comprises: a mode selection switch 36 for selecting a desired driving support mode from the plural driving support modes; a setting vehicle speed input part 37 for inputting a setting vehicle speed in accordance with the selected driving support mode; and an approval input part 38 for performing an approval input manipulation regarding a legal speed limit, [0028] The driver can manipulate the vehicle speed change button such that a desired setup vehicle speed is displayed on the setup vehicle speed display. Through this manipulation, a setup vehicle speed signal representing the displayed setup vehicle speed is output, and [0029] The approval input part 38 comprises a legal speed limit display, and an approval button. The driver can push down the approval button after confirming that a legal speed limit displayed on the legal speed limit display is coincident with a speed designated by a speed sign outside the vehicle 1. Through this manipulation, an approval signal is output.
Thus, Inoguchi discloses a vehicle control method and Ohmura teaches a driver manipulation unit to present a speed to user and request and receive approval from user.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Inoguchi with the user manipulation of speed setting as taught by Ohmura, with a reasonable expectation of success, to comply with the driving intention of a driver (0005).
As per Claim 6,
Inoguchi discloses:
a second correction coefficient that is greater than zero and equal to or less than the difference between the meter vehicle speed and the actual vehicle speed
(see at least [Col 1, Line 16-18] acquires a speed limit of a road on which an own vehicle travels, and sets a target speed of the own vehicle to the speed limit, see at least [Col 2, Line 32-34] speed deviation acquisition means (S14, S15) for acquiring a speed deviation which is a magnitude of a deviation between the speed limit and the target speed, and [Col 30, Line 43-45] set the target speed through the first function when the speed deviation is equal to or smaller than a predetermined threshold which is larger than zero).
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Inoguchi does not disclose,
The vehicle control method according to claim 1, further comprising setting the set vehicle speed based on a first correction coefficient that is greater than 1 and equal to or less than a ratio between the meter vehicle speed and the actual vehicle speed
UNECE-39 teaches,
The vehicle control method according to claim 1, further comprising setting the set vehicle speed based on a first correction coefficient that is greater than 1 and equal to or less than a ratio between the meter vehicle speed and the actual vehicle speed (see at least [ section 5.3] The speed indicated shall not be less than the true speed of the vehicle. At the test speeds specified in paragraph 5.2.5 above, there shall be the following relationship between the speed displayed (V 1) and the true speed (V 2).
0 ≤ (V 1 – V 2) ≤ 0.1 V 2 + 4 km/h
Thus, Inoguchi discloses a vehicle speed management method and UNECE-36 teaches a speedometer where the meter vehicle speed presented to a user is higher than an actual vehicle speed of the vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inventions as disclosed by Inoguchi with the displaying requirements taught by UNECE-39, with a reasonable expectation of success, to conform to the requirements of the Regulation in respect of the speedometer equipment including its installation (see at least [4.1]).
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Inoguchi, in view of Kobota, UNECE-39 and Ohmura as applied to Claim 1 above, and further in view of Ashida Naoyuki JP 2011218889A “Naoyuki”).
As per Claim 3,
Inoguchi does not disclose,
vehicle control method presenting not only the first vehicle speed but also an offset, which is the difference between the set vehicle speed and the first vehicle speed; to the user.
Naoyuki teaches,
vehicle control method presenting not only the first vehicle speed but also an offset, which is the difference between the set vehicle speed and the first vehicle speed; to the user (see at least [Claim 6] the control means displays the range of the difference between the target speed and the speed limit on the display means in a color different from that around the range, [0054] When the process proceeds to step S4, the electronic control unit 2 requests the display unit 3 to display that the target speed exceeds the speed limit. Specifically, the range (specific area) of the difference between the target speed and the speed limit is displayed on the speed scale of the speedometer together with the current vehicle speed (see FIG. 4 described later), and Fig 4 the speed meter 31 displays speed information 314 indicating the range of the difference between the target speed and the speed limit).
Thus, Inoguchi discloses a vehicle control and speed management system and method and Naoyuki teaches presenting first vehicle speed and speed offset.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention as disclosed by Inoguchi with displaying the speed offset (difference between the set vehicle speed and the first vehicle speed) as taught by Naoyuki, with a reasonable expectation of success, to allows a user to recognize whether or not a target speed exceeds a current speed limit in response to a change in speed limit (0009).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHUTOSH PANDE whose telephone number is (571)272-6269. The examiner can normally be reached Monday -Friday 9:00am -5:00 PM EST.
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/A.P./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668