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 .
Response to Arguments
Applicant's arguments filed 02/15/2026 regarding the rejection of claims 1, 9, and 17 under 35 U.S.C. 102(a)(2) have been fully considered but they are not persuasive. Applicant asserts that Kelly (U.S. Publication No. 2015/0217771) does not disclose "detecting a signal indicative of driver discomfort, wherein the signal is indicative of a type of driver discomfort", as recited in amended independent claims 1, 9, and 17 however, examiner respectfully disagrees. The specification of the present application describes a type of driver discomfort signal as a brake pedal or acceleration pedal signal (spec. Par. 55) and Kelly teaches determining the driver is uncomfortable with the speed based on the extent a driver applies braking via the brake pedal (Kelly: Par. 48; i.e., a user overrides the speed control system, indicating that they feel the speed is too high; Par. 124; i.e., LSP control system 12 receives an input from the braking system 22 of the vehicle indicative of the extent to which the user has applied braking by means of the brake pedal). Therefore, Kelly does teach the amended claim limitations in claims 1, 9, and 17.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 6, 8-11, 13, 14, 16-18, 20, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kelly et al. (U.S. Publication No. 2015/0217771; hereinafter Kelly).
Regarding claim 1, Kelly teaches a computer implemented method for generating a personalized Adaptive Cruise Control (ACC) setting for driver comfort (Kelly: Par. 18; i.e., the controller is configured to determine the target speed value in dependence at least in part on a signal indicative of a measured comfort level; Par. 49; i.e., the speed control system (e.g., … a cruise control system)),
the method comprising: receiving environmental data of a vehicle and driver data of a driver of the vehicle (Kelly: Par. 189; i.e., the vehicle may be further provided with means for viewing or reading the road ahead; Par. 44; i.e., the user is an occupant of the vehicle, for example a driver; Par. 54; i.e., the system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant);
detecting a signal indicative of driver discomfort; wherein the signal is indicative of at least one of a type of driver discomfort (Kelly: Par. 48; i.e., in the event a user overrides the speed control system, indicating that they feel the speed is too high; Par. 124; i.e., LSP control system 12 receives an input from the braking system 22 of the vehicle indicative of the extent to which the user has applied braking by means of the brake pedal; the type of driver discomfort signal is a brake pedal signal indicating the driver discomfort is due to the vehicle speed being too high);
determining a discomfort level of the driver according to the signal (Kelly: Par. 18; i.e., the signal indicative of measured comfort level being determined at least in part in dependence on the movement of … the at least a portion of the body of an occupant; Par. 50; i.e., the comfort level may be determined by one of more of the magnitude and frequency of the occupant's movement relative to the vehicle);
generating the personalized ACC setting for the driver according to the discomfort level, environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient);
wherein the environmental data comprises information on at least one of a condition, damage, feature, traffic, number of vehicles, or average speed of vehicles on the road (Kelly: Par. 144; i.e., the sensors (not shown) on the vehicle 100 include, but are not limited to, sensors which provide continuous sensor outputs to the VCU 10, including … a gradient sensor (or gradient estimator));
and sending, to the vehicle, the personalized ACC setting and causing the vehicle to operate in accordance with the personalized ACC setting (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value).
Regarding claim 2, Kelly teaches the method according to claim 1. Kelly further teaches wherein the environmental data, the driver data and the signal are obtained from a sensor of the vehicle (Kelly: Par. 54; i.e., the system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant. The imaging device may be a camera device).
Regarding claim 3, Kelly teaches the method according to claim 2. Kelly further teaches wherein the sensor comprises at least one of a camera, image sensor, radar sensor, environmental sensor, light detection and ranging (LiDAR) sensor, electromyography sensor, motion sensor, pressure sensor, position sensor, audio sensor, infrared sensor, microwave sensor, optical sensor, haptic sensor, magnetometer, communication system and global positioning system (GPS) (Kelly: Par. 54; i.e., The system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant. The imaging device may be a camera device).
Regarding claim 5, Kelly teaches the method according to claim 1. Kelly further teaches wherein the driver data comprises a location of the vehicle, direction of movement of the vehicle, driver identification and driver performance characteristic (Kelly: Par. 151; i.e., receive inputs corresponding to a number of vehicle parameters. The parameters include: … a current value of steering angle … a current location of the vehicle; Par. 44; i.e., the system may be operable to distinguish between users … by means of a facial recognition system; Par. 45; i.e., the system may be configured to log in the memory how the user adjusts the speed control comfort setting. For example, how the user adjusts the comfort setting for a given amplitude and frequency of vehicle body movement or vibration).
Regarding claim 6, Kelly teaches the method according to claim 1. Kelly further teaches wherein the personalized ACC setting is adjusted according to a change in the discomfort level of the driver (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 76; i.e., the speed increment or delta may be an amount by which it is desired to change the vehicle speed in a given time period, such as a refresh cycle or speed control update cycle of the system; the system repeatedly checks the comfort level and updates the target speed after each speed control update cycle period).
Regarding claim 8, Kelly teaches the method according to claim 1. Kelly further teaches obtaining the personalized ACC setting according to the environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient);
sending, to the vehicle, the personalized ACC setting for the vehicle to implement (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value);
detecting a second signal indicative of driver discomfort; determining a second discomfort level of the driver according to the second signal (Kelly: Par. 15; i.e., the electric controller being configured to receive electrical signals indicative of movement of … at least a portion of a body of an occupant relative to a vehicle; Par. 18; i.e., the signal indicative of measured comfort level being determined at least in part in dependence on the movement of … the at least a portion of the body of an occupant);
updating the personalized ACC setting according to the second discomfort level, environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient; Par. 76; i.e., the speed increment or delta may be an amount by which it is desired to change the vehicle speed in a given time period, such as a refresh cycle or speed control update cycle of the system; the system repeatedly checks the comfort level and updates the target speed after each speed control update cycle period);
sending, to the vehicle, the updated personalized ACC setting and causing the vehicle to operate in accordance with the personalized ACC setting (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value);
and storing the updated personalized ACC setting in the driver preference database (Kelly: Par. 50; i.e., the memory of or associated with the LSP control system may be divided so as to store data in respect of a plurality of known drivers and their associated preferences; Par. 192; i.e., the processor is operable to store and retrieve data from a memory 186 also associated with the LSP control system).
Regarding claim 9, Kelly teaches a computer system for generating a personalized Adaptive Cruise Control (ACC) setting for driver comfort, the system comprising: one or more processors; and memory coupled to the one or more processors to store instructions, which when executed by the one or more processors, cause the one or more processors to perform operations (Kelly: Par. 18; i.e., the controller is configured to determine the target speed value in dependence at least in part on a signal indicative of a measured comfort level; Par. 49; i.e., the speed control system (e.g., … a cruise control system); Par. 39; i.e., the storage medium read-only memory 206 can be programmed with computer readable data representing non-transitory instructions executable by the processor 202 for performing the methods described below),
the operations comprising: receiving environmental data of a vehicle and driver data of a driver of the vehicle (Kelly: Par. 189; i.e., the vehicle may be further provided with means for viewing or reading the road ahead; Par. 44; i.e., the user is an occupant of the vehicle, for example a driver; Par. 54; i.e., the system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant);
detecting a signal indicative of discomfort; wherein the signal is indicative of at least one of a type of driver discomfort (Kelly: Par. 48; i.e., in the event a user overrides the speed control system, indicating that they feel the speed is too high; Par. 124; i.e., LSP control system 12 receives an input from the braking system 22 of the vehicle indicative of the extent to which the user has applied braking by means of the brake pedal; the type of driver discomfort signal is a brake pedal signal indicating the driver discomfort is due to the vehicle speed being too high);
determining a discomfort level of the driver according to the signal (Kelly: Par. 18; i.e., the signal indicative of measured comfort level being determined at least in part in dependence on the movement of … the at least a portion of the body of an occupant; Par. 50; i.e., the comfort level may be determined by one of more of the magnitude and frequency of the occupant's movement relative to the vehicle);
generating the personalized ACC setting for the driver according to the discomfort level, environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient);
wherein the environmental data comprises information on at least one of a condition, damage, feature, traffic, number of vehicles, or average speed of vehicles on the road (Kelly: Par. 144; i.e., the sensors (not shown) on the vehicle 100 include, but are not limited to, sensors which provide continuous sensor outputs to the VCU 10, including … a gradient sensor (or gradient estimator));
and sending, to the vehicle, the personalized ACC setting and causing the vehicle to operate in accordance with the personalized ACC setting (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value).
Regarding claim 10, Kelly teaches the system according to claim 9. Kelly further teaches wherein the environmental data, the driver data and the signal are obtained from a sensor of the vehicle (Kelly: Par. 54; i.e., the system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant. The imaging device may be a camera device).
Regarding claim 11, Kelly teaches the system according to claim 10. Kelly further teaches wherein the sensor comprises at least one of a camera, image sensor, radar sensor, environmental sensor, light detection and ranging (LiDAR) sensor, electromyography sensor, motion sensor, pressure sensor, position sensor, audio sensor, infrared sensor, microwave sensor, optical sensor, haptic sensor, magnetometer, communication system and global positioning system (GPS) (Kelly: Par. 54; i.e., The system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant. The imaging device may be a camera device).
Regarding claim 13, Kelly teaches the system according to claim 9. Kelly further teaches wherein the driver data comprises a location of the vehicle, direction of movement of the vehicle, driver identification and driver performance characteristic (Kelly: Par. 151; i.e., receive inputs corresponding to a number of vehicle parameters. The parameters include: … a current value of steering angle … a current location of the vehicle; Par. 44; i.e., the system may be operable to distinguish between users … by means of a facial recognition system; Par. 45; i.e., the system may be configured to log in the memory how the user adjusts the speed control comfort setting. For example, how the user adjusts the comfort setting for a given amplitude and frequency of vehicle body movement or vibration).
Regarding claim 14, Kelly teaches the system according to claim 9. Kelly further teaches wherein the personalized ACC setting is adjusted according to a change in the discomfort level of the driver (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 76; i.e., the speed increment or delta may be an amount by which it is desired to change the vehicle speed in a given time period, such as a refresh cycle or speed control update cycle of the system; the system repeatedly checks the comfort level and updates the target speed after each speed control update cycle period).
Regarding claim 16, Kelly teaches the system according to claim 9. Kelly further teaches wherein the operations further comprise: obtaining the personalized ACC setting according to the environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient);
sending, to the vehicle, the personalized ACC setting for the vehicle to implement (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value);
detecting a second signal indicative of driver discomfort; determining a second discomfort level of the driver according to the second signal (Kelly: Par. 15; i.e., the electric controller being configured to receive electrical signals indicative of movement of … at least a portion of a body of an occupant relative to a vehicle; Par. 18; i.e., the signal indicative of measured comfort level being determined at least in part in dependence on the movement of … the at least a portion of the body of an occupant);
updating the personalized ACC setting according to the second discomfort level, environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient; Par. 76; i.e., the speed increment or delta may be an amount by which it is desired to change the vehicle speed in a given time period, such as a refresh cycle or speed control update cycle of the system; the system repeatedly checks the comfort level and updates the target speed after each speed control update cycle period);
sending, to the vehicle, the updated personalized ACC setting for the vehicle to implement (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value);
and storing the updated personalized ACC setting in the driver preference database (Kelly: Par. 50; i.e., the memory of or associated with the LSP control system may be divided so as to store data in respect of a plurality of known drivers and their associated preferences; Par. 192; i.e., the processor is operable to store and retrieve data from a memory 186 also associated with the LSP control system).
Regarding claim 17, Kelly teaches a non-transitory machine-readable medium having instructions stored therein, which when executed by a processor, cause the processor to perform operations ((Kelly: Par. 18; i.e., the controller is configured to determine the target speed value in dependence at least in part on a signal indicative of a measured comfort level; Par. 49; i.e., the speed control system (e.g., … a cruise control system); Par. 39; i.e., the storage medium read-only memory 206 can be programmed with computer readable data representing non-transitory instructions executable by the processor 202 for performing the methods described below)),
the operations comprising: receiving environmental data of a vehicle and driver data of a driver of the vehicle (Kelly: Par. 189; i.e., the vehicle may be further provided with means for viewing or reading the road ahead; Par. 44; i.e., the user is an occupant of the vehicle, for example a driver; Par. 54; i.e., the system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant);
detecting a signal indicative of driver discomfort; wherein the signal is indicative of at least one of a type of driver discomfort (Kelly: Par. 48; i.e., in the event a user overrides the speed control system, indicating that they feel the speed is too high; Par. 124; i.e., LSP control system 12 receives an input from the braking system 22 of the vehicle indicative of the extent to which the user has applied braking by means of the brake pedal; the type of driver discomfort signal is a brake pedal signal indicating the driver discomfort is due to the vehicle speed being too high);
determining a discomfort level of the driver according to the signal (Kelly: Par. 18; i.e., the signal indicative of measured comfort level being determined at least in part in dependence on the movement of … the at least a portion of the body of an occupant; Par. 50; i.e., the comfort level may be determined by one of more of the magnitude and frequency of the occupant's movement relative to the vehicle);
generating a personalized ACC setting for the driver according to the discomfort level, environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient);
wherein the environmental data comprises information on at least one of a condition, damage, feature, traffic, number of vehicles, or average speed of vehicles on the road (Kelly: Par. 144; i.e., the sensors (not shown) on the vehicle 100 include, but are not limited to, sensors which provide continuous sensor outputs to the VCU 10, including … a gradient sensor (or gradient estimator));
and sending the personalized ACC setting and causing the vehicle to operate in accordance with the personalized ACC setting (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value).
Regarding claim 18, Kelly teaches the non-transitory machine-readable medium according to claim 17. Kelly further teaches wherein the environmental data, the driver data and the signal are obtained from a sensor of the vehicle and the sensor comprises at least one of a camera, image sensor, radar sensor, environmental sensor, light detection and ranging (LiDAR) sensor, electromyography sensor, motion sensor, pressure sensor, position sensor, audio sensor, infrared sensor, microwave sensor, optical sensor, haptic sensor, magnetometer, communication system and global positioning system (GPS) (Kelly: Par. 54; i.e., The system may further comprise an imaging device that monitors movement of the at least a portion of the body of an occupant. The imaging device may be a camera device).
Regarding claim 20, Kelly teaches the non-transitory machine-readable medium according to claim 17. Kelly further teaches wherein the operations further comprise: obtaining the personalized ACC setting according to the environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient);
sending the personalized ACC setting to the vehicle for implementation (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value);
detecting a second signal indicative of driver discomfort; determining a second discomfort level of the driver according to the second signal (Kelly: Par. 15; i.e., the electric controller being configured to receive electrical signals indicative of movement of … at least a portion of a body of an occupant relative to a vehicle; Par. 18; i.e., the signal indicative of measured comfort level being determined at least in part in dependence on the movement of … the at least a portion of the body of an occupant);
updating the personalized ACC setting according to the second discomfort level, environmental data and driver data (Kelly: Par. 20; i.e., the controller may be further configured to determine an amount by which the target speed should be adjusted from the current value in dependence at least in part on the signal indicative of measured comfort level; Par. 23; i.e., determine the target speed value in further dependence on at least one parameter associated with movement of the vehicle over terrain selected from amongst … a value of driving surface side slope; a driving surface gradient; Par. 76; i.e., the speed increment or delta may be an amount by which it is desired to change the vehicle speed in a given time period, such as a refresh cycle or speed control update cycle of the system; the system repeatedly checks the comfort level and updates the target speed after each speed control update cycle period);
sending the updated personalized ACC setting to the vehicle and causing the vehicle to operate in accordance with the personalized ACC setting (Kelly: Par. 56; i.e., automatically causing a vehicle to operate in accordance with a target speed value);
and storing the updated personalized ACC setting in the driver preference database (Kelly: Par. 50; i.e., the memory of or associated with the LSP control system may be divided so as to store data in respect of a plurality of known drivers and their associated preferences; Par. 192; i.e., the processor is operable to store and retrieve data from a memory 186 also associated with the LSP control system).
Regarding claim 21, Kelly teaches the method according to claim 1. Kelly further teaches wherein the personalized ACC setting comprises a speed threshold, a distance threshold, a lane of travel, and a direction of travel for the vehicle (Kelly: Par. 24; i.e., the controller may be configured to determine a comfort derived maximum speed value dependent upon the signal indicative of measured comfort level).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 7, 12, and 15, are rejected under 35 U.S.C. 103 as being unpatentable over Kelly and further in view of McCormick et al. (U.S. Publication No. 2021/0300365; hereinafter McCormick).
Regarding claim 4, Kelly teaches the method according to claim 1. Kelly further teaches wherein the environmental data comprises road condition (Kelly: Par. 23; i.e., determine the target speed value in further dependence on … a value of driving surface side slope; a driving surface gradient).
Kelly does not explicitly teach wherein the environmental data comprises a time, weather, and traffic.
However, in the same field of endeavor, McCormick teaches wherein the environmental data comprises a time, weather, and traffic (McCormick: Par. 37; i.e., an environmental condition may include, for example, a weather condition … a time of day; Par. 25; i.e., receive signals indicative of a distance between the vehicle 105 and one or more additional vehicles).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kelly to have further incorporated wherein the environmental data comprises a time, weather, and traffic, as taught by McCormick. Doing so would allow the system to control the vehicle based on the detected current environmental conditions (McCormick: Par. 36; i.e., the electronic processor 200 determines a current driving situation for the vehicle 105 and controls the vehicle 105 according to one or more control parameters associated with the current driving situation)
Regarding claim 7, Kelly teaches the method according to claim 1, but does not explicitly teach wherein the signal indicative of driver discomfort is a proximity of an actuating member of the driver relative to a motion actuator of the vehicle.
However, in the same field of endeavor, McCormick teaches wherein the signal indicative of driver discomfort is a proximity of an actuating member of the driver relative to a motion actuator of the vehicle (McCormick: Par. 52; i.e., a driver may activate an input mechanism to indicate that the driver is uncomfortable with the current time gap between the vehicle 105 and the target vehicle 405. The driver may activate a −ACC button or press the brake pedal of the vehicle 105; the driver discomfort is determined based on the driver’s foot pressing the brake pedal).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kelly to have further incorporated wherein the signal indicative of driver discomfort is a proximity of an actuating member of the driver relative to a motion actuator of the vehicle, as taught by McCormick. Doing so would allow the system to adjust the ACC setting according to the driver discomfort (McCormick: Par. 52; i.e., in response to this feedback, the electronic processor 200 may adjust the default time gap profile 505 of the vehicle 105 to the less aggressive time gap profile 510).
Regarding claim 12, Kelly teaches the system according to claim 9. Kelly further teaches wherein the environmental data comprises road condition (Kelly: Par. 23; i.e., determine the target speed value in further dependence on … a value of driving surface side slope; a driving surface gradient).
Kelly does not explicitly teach wherein the environmental data comprises a time, weather, and traffic.
However, in the same field of endeavor, McCormick teaches wherein the environmental data comprises a time, weather, and traffic (McCormick: Par. 37; i.e., an environmental condition may include, for example, a weather condition … a time of day; Par. 25; i.e., receive signals indicative of a distance between the vehicle 105 and one or more additional vehicles).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kelly to have further incorporated wherein the environmental data comprises a time, weather, and traffic, as taught by McCormick. Doing so would allow the system to control the vehicle based on the detected current environmental conditions (McCormick: Par. 36; i.e., the electronic processor 200 determines a current driving situation for the vehicle 105 and controls the vehicle 105 according to one or more control parameters associated with the current driving situation)
Regarding claim 15, Kelly teaches the system according to claim 9, but does not explicitly teach wherein the signal indicative of driver discomfort is a proximity of an actuating member of the driver relative to a motion actuator of the vehicle.
However, in the same field of endeavor, McCormick teaches wherein the signal indicative of driver discomfort is a proximity of an actuating member of the driver relative to a motion actuator of the vehicle (McCormick: Par. 52; i.e., a driver may activate an input mechanism to indicate that the driver is uncomfortable with the current time gap between the vehicle 105 and the target vehicle 405. The driver may activate a −ACC button or press the brake pedal of the vehicle 105; the driver discomfort is determined based on the driver’s foot pressing the brake pedal).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kelly to have further incorporated wherein the signal indicative of driver discomfort is a proximity of an actuating member of the driver relative to a motion actuator of the vehicle, as taught by McCormick. Doing so would allow the system to adjust the ACC setting according to the driver discomfort (McCormick: Par. 52; i.e., in response to this feedback, the electronic processor 200 may adjust the default time gap profile 505 of the vehicle 105 to the less aggressive time gap profile 510).
Conclusion
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/BRANDON Z WILLIS/Examiner, Art Unit 3665
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