DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS)s submitted on 09/01/2023 and 07/15/2025 have been considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority based on Japanese Patent Application No. JP2021-035379, filed on March 03, 2021.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a first retrieving unit, a first identifying unit, an output unit, a second retrieving unit, a third retrieving unit as in SPEC (page 7) in claims 1-3 and 11-13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
In particular, claims are directed to a judicial exception (abstract idea) without significantly more.
Re Claim 1:
Claim 1 recites:
A lane determination apparatus comprising: a first retrieving unit configured to retrieve, for each of a plurality of lanes, a continuously travelable distance, the continuously travelable distance for each of the lanes representing a distance for which an own vehicle is able to travel while keeping the corresponding one of the lanes; a first identifying unit configured to identify:
a road, as a traveling road, on which the own vehicle is traveling; and one of the lanes, as a traveling lane, in which the own vehicle is traveling;
a first determiner configured to compare a continuously travelable own-lane distance with at least one continuously travelable other-lane distance to accordingly determine whether lane change from the traveling lane to at least one other lane included in the plurality of lanes is suitable,
the continuously travelable own-lane distance being the continuously travelable distance of the traveling lane of the own vehicle, the at least one continuously travelable other-lane distance being the continuously travelable distance of the at least one other lane;
and an output unit configured to output information indicative of whether lane change from the traveling lane to the at least one other lane is suitable.
Under Step 1 Claim 1 is an apparatus claim same as claims 2-13.
Under Step 2A -Prong 1:
The identified claim limitations that recite an abstract idea fall within the enumerated groupings of abstract ideas in Section 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance published in the Federal Register (84 FR 50) on January 7, 2019. These fall under mental process.
Claim 1 recites “a lane determination apparatus comprising:
Under Step 2A - Prong 2; the claims recite the additional elements of “a first retrieving unit configured to retrieve”, “a first identifying unit configured to identify”, “a first determiner configured to”, “and an output unit configured to output information” steps is not more than adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea without a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. Therefore, claim 1 is directed to an abstract idea without a practical application.
Under Step 2B:
The claims do not include additional elements that are sufficient to amount to significantly more that the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer hardware amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. Thus, claims 1-16.
Therefore, a non-transitory computer-readable medium claim 14 and the apparatus claim 15 are rejected under the same rationale as in claim 1.
Dependent claims 2-13 and 16 Dependent claims further define the abstract idea that is present in their respective independent claim 1 and thus correspond to Mental Processes and hence are abstract for the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the dependent claims are directed to an abstract idea. Thus, the claims 1-16 are not patent-eligible.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 10 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated in view of Teferra et al (JP4745877B2), (hereinafter Teferra).
Regarding claim 1, Teferra discloses a lane determination apparatus comprising: (see Teferra paras “0001” and “0008” “The present invention also relates to a road guidance system having a road guidance notification device that generates a road guidance image and voice and notifies the driver at each predetermined guidance point”),
a first retrieving unit configured to retrieve, for each of a plurality of lanes, a continuously travelable distance, the continuously travelable distance for each of the lanes representing a distance for which an own vehicle is able to travel while keeping the corresponding one of the lanes (see Teferra paras “0013”, “0018” and “0022” “The travelable distance calculation unit 41 acquires each piece of information processed by the image processing device 20A, and calculates the travelable distance of the own vehicle for each lane”, “the travelable distance DS of the own vehicle is calculated. The distance DS that can be traveled is an inter-vehicle distance at which… there is no obstacle between the vehicle and the other vehicle and the vehicle can travel safely… and the distance that the vehicle can travel in all lanes” and “detects that the travelable distance of the own vehicle traveling lane is equal to or less than a predetermined value”),
a first identifying unit configured to identify: a road, as a traveling road, on which the own vehicle is traveling; and one of the lanes, as a traveling lane, in which the own vehicle is traveling (see Teferra paras “0010-0012” and “0016-0017” “the navigation device 30 determines the current position of the vehicle and a portion corresponding to the current position. The map information, the traveling direction, and the traveling route are calculated and output as navigation data”, “The lane detecting means 22 sequentially detects the lane in the extracted travelable area and the own vehicle traveling lane in which the own vehicle is traveling” and “one or more lane information of the travelable area obtained by the processing up to step 226 and the own lane arrangement information in which the own vehicle is traveling”),
a first determiner configured to compare a continuously travelable own-lane distance with at least one continuously travelable other-lane distance to accordingly determine whether lane change from the traveling lane to at least one other lane included in the plurality of lanes is suitable, (see Teferra paras “0018”, “0024” and “0031-0032” “it is determined whether or not the possible travel distance DS of the lane in which the vehicle is traveling is shorter than a predetermined value TH… the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane… it is determined that the lane change is necessary by the next guidance start point”, “it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH” and “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane. In step 4512, it is determined that traveling on the own lane is continued. If it is determined in Step 4511 that it is not possible to go straight in the current lane, it is determined in Step 4513 whether or not another lane is able to travel straight… If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515”),
the continuously travelable own-lane distance being the continuously travelable distance of the traveling lane of the own vehicle, the at least one continuously travelable other-lane distance being the continuously travelable distance of the at least one other lane (see Teferra paras “0018”, “0024” and “0031-0032” “it is determined whether or not the possible travel distance DS of the lane in which the vehicle is traveling is shorter than a predetermined value TH… the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane… it is determined that the lane change is necessary by the next guidance start point”, “it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH” and “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane. In step 4512, it is determined that traveling on the own lane is continued. If it is determined in Step 4511 that it is not possible to go straight in the current lane, it is determined in Step 4513 whether or not another lane is able to travel straight… If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515”),
and an output unit configured to output information indicative of whether lane change from the traveling lane to the at least one other lane is suitable (see Teferra paras “0010”, “0014”, “0019”, “0026” and “0033” “The road guidance notification device 50 generates an image and a voice of road guidance based on the navigation data sent from the information fusion processing device 40A, and notifies the driver for each predetermined guidance point”, “When data indicating that a lane change is necessary is added to the road guidance and notification device 50 from the information fusion processing device 40A, the road guidance and notification device 50 displays an arrow of a right or left turn on the display device 54” and “it is detected whether the predetermined guide point is going straight or left or right, and the driver is notified to the driver according to the distance to the guide point and the congestion of the road”).
Regarding claim 2, Teferra discloses a second identifier configured to identify a position of the own vehicle (see Teferra para “0012” “the vehicle position extracting unit 32 calculates the latitude and longitude of the vehicle based on the GPS satellite position and time information received by the GPS unit 33, and compares the calculated latitude and longitude with the map data from the map database 31. To detect the position of the vehicle”),
a second retrieving unit configured to retrieve road identification information that enables, from various roads, a road corresponding to the position of the own vehicle to be identified (see Teferra paras “0012” and “0017” “the map data from the map database 31. To detect the position of the vehicle... The map matching unit 36 performs map matching with map data based on the position of the vehicle on the map. Accordingly, the navigation device 30 outputs the current position of the vehicle, partial map information corresponding to the current position, the traveling direction and the traveling route as navigation data for each predetermined guide point, and outputs the navigation data to the information fusion processing device 40A” and “the road curvature (runway shape) of the travelable area of the own vehicle is calculated, and then… the number of lanes that can travel is calculated…”),
a third retrieving unit configured to retrieve lane identification information that enables, from various lanes, a lane corresponding to the position of the own vehicle to be identified (see Teferra paras “0011-0012”, “0017” and “0022” “The lane detecting means 22 sequentially detects the lane in the extracted travelable area and the own vehicle traveling lane in which the own vehicle is traveling”),
and a third identifying unit configured to identify an environmental situation around the own vehicle (see Teferra paras “0018” and “0031-0032” “The distance DS that can be traveled is an inter-vehicle distance at which, when another vehicle is present ahead of the lane in which the vehicle travels, there is no obstacle between the vehicle and the other vehicle and the vehicle can travel safely. If there is another vehicle ahead of the lane other than the lane in which the vehicle is traveling” and “If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515…”),
wherein: the first identifying unit is configured to identify the traveling road and the traveling lane of the own vehicle in accordance with the road identification information, the lane identification information, and the environmental situation (see Teferra paras “0012-0013”, “0018” and “0031-0032” “the information of the travelable area processed by the image processing device 20A and the information of the lane and the own vehicle traveling lane in which the own vehicle is traveling are acquired… The distance DS that can be traveled is an inter-vehicle distance at which, when another vehicle is present ahead of the lane in which the vehicle travels, there is no obstacle between the vehicle and the other vehicle and the vehicle can travel safely. If there is another vehicle ahead of the lane other than the lane in which the vehicle is traveling, and if the vehicle moves to the lane where the other vehicle exists, there is no obstacle between the vehicle and the other vehicle and the vehicle is safe…”),
the continuously travelable distance for each of the lanes being defined to correlate with: a road information item about a road corresponding to the lanes included in the road identification information; and a lane information item about the corresponding one of the lanes included in the lane identification information (see Teferra paras “0012-0013”, “0018” and “0031-0032” “it is determined whether or not the possible travel distance DS of the lane in which the vehicle is traveling is shorter than a predetermined value TH… the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane… it is determined that the lane change is necessary by the next guidance start point”, “it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH” and “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane. In step 4512, it is determined that traveling on the own lane is continued. If it is determined in Step 4511 that it is not possible to go straight in the current lane, it is determined in Step 4513 whether or not another lane is able to travel straight… If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515”).
Regarding claim 3, Teferra discloses wherein: a lane data set is provided for each of the plurality of lanes, the lane data set for each of the plurality of lanes comprising: (see Teferra paras “0013”, “0017” and “0022” “calculates the travelable distance of the own vehicle for each lane”),
the road information item about the road corresponding to the lanes included in the road identification information (see Teferra paras “0012”, “0017” and “0022” “the map data from the map database 31… the navigation device 30 outputs the current position of the vehicle, partial map information corresponding to the current position, the traveling direction and the traveling route as navigation data for each predetermined guide point”),
the lane information item about the corresponding one of the lanes (see Teferra paras “0011-0012”, “0017” and “0022” “The lane detecting means 22 sequentially detects the lane in the extracted travelable area and the own vehicle traveling lane in which the own vehicle is traveling”),
and the continuously travelable distance for the corresponding one of the lanes (see Teferra paras “0013”, “0018” and “0022” “calculates the travelable distance of the own vehicle for each lane”),
and the first retrieving unit configured to retrieve, from the lane data set provided for each of the lanes, the continuously travelable distance for the corresponding one of the lanes (see Teferra paras “0013”, “0018” and “0031” “The travelable distance calculation unit 41 acquires each piece of information processed by the image processing device 20A, and calculates the travelable distance of the own vehicle for each lane”).
Regarding claim 4, Teferra discloses a second determiner configured to determine whether road change has occurred and whether lane change has occurred, wherein: the first determiner is configured to compare the continuously travelable own-lane distance with the at least one continuously travelable other-lane distance in response to determination that road change has occurred or determination that lane change has occurred (see Teferra paras “0018”, “0024” and “0031-0032” “In this way, when it is determined in step 422 that the lane change is necessary”, “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane”, “it is determined in step 4517 whether or not the lane is a scheduled right / left turn guidance lane… It is determined whether or not the distance DS is greater than the distance GS… If it is determined that the distance DS is not greater than the distance GS, it is determined that the lane lane is changed in step 4523”).
Regarding claim 5, Teferra discloses wherein: the first determiner is configured to: determine whether the at least one continuously travelable other-lane distance is longer than the continuously travelable own-lane distance; (see Teferra paras “0018”, “0024” and “0031-0032” “In this way, when it is determined in step 422 that the lane change is necessary”, “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane”, “it is determined in step 4517 whether or not the lane is a scheduled right / left turn guidance lane… It is determined whether or not the distance DS is greater than the distance GS… If it is determined that the distance DS is not greater than the distance GS, it is determined that the lane lane is changed in step 4523”),
determine whether a deviation distance of the at least one continuously travelable other-lane distance from the continuously travelable own-lane distance is longer than a threshold distance upon determination that the at least one continuously travelable other-lane distance is longer than the continuously travelable own-lane distance (see Teferra paras “0018”, “0024” and “0031-0032” “if it is determined in step 4517 that the lane is not the scheduled lane to be guided, the distance DS to the next guide point is set to a predetermined value TH (for example, the distance GS × 1.5 from the guide start position to the guide point) in step 4519. ) It is determined whether or not it is larger, and if it is larger, it is determined in step 4518 to continue the own lane. If the distance DS to the next guide point is not greater than the predetermined value TH in step 4519…”),
and determine that lane change from the traveling lane to the at least one other lane is suitable upon determination that the deviation distance of the at least one continuously travelable other-lane distance from the continuously travelable own-lane distance is longer than the threshold distance (see Teferra paras “0018”, “0024” and “0031-0032” it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH. If shorter, the process proceeds to step 434. In step 432, it is determined whether or not there is merging / branching information in the information acquired from the image processing device 20B…”).
Regarding claim 10, Teferra discloses wherein: the lane determination apparatus is configured to operate in cooperation with a notification system that outputs, to a user of the lane determination apparatus, information; and the output unit is configured to output, to the notification system, the information indicative of whether lane change from the traveling lane to the at least one other lane is suitable (see Teferra at least paras “0014-0015”, “0019” and “0024-0026”).
Regarding claim 12, Teferra discloses wherein: the first retrieving unit is configured to retrieve, for each of the plurality of lanes, the continuously travelable distance as static information (see Teferra at least paras “0008-0009” and “0012-0013” “The present invention is used in a vehicle, based on at least map information obtained from a map database… Obtains each information processed by the processing device, and obtains road information from a map database of the navigation device”).
Regarding claim 13, Teferra discloses wherein: the first retrieving unit is configured to retrieve, for each of the plurality of lanes, the continuously travelable distance as dynamic information (see Teferra at least paras “0016-0018” “the image data is acquired from the image sensor 10 for the road and the vehicle ahead of the own vehicle as processing targets, and subsequently…” and “the travel distance of the own vehicle to the next guidance point is calculated, and it is confirmed that the vehicle is before the next guidance start point, and then the travelable distance DS of the own vehicle is calculated. The distance DS that can be traveled is an inter-vehicle distance at which, when another vehicle is present ahead of the lane in which the vehicle travels, there is no obstacle between the vehicle and the other vehicle and the vehicle can travel safely”).
Regarding claim 14, Teferra discloses a lane-change program product for a controller of a lane determination apparatus, the lane-change program product comprising: a non-transitory computer-readable medium; and a set of computer program instructions embedded in the computer-readable medium, the instructions causing the controller to: (see Teferra paras “0001”, “0008” and “0011” “The present invention also relates to a road guidance system having a road guidance notification device that generates a road guidance image and voice and notifies the driver at each predetermined guidance point”),
retrieve, for each of a plurality of lanes, a continuously travelable distance, the continuously travelable distance for each of the lanes representing a distance for which the own vehicle is able to travel while keeping the corresponding one of the lanes (see Teferra paras “0013”, “0018” and “0022” “The travelable distance calculation unit 41 acquires each piece of information processed by the image processing device 20A, and calculates the travelable distance of the own vehicle for each lane”, “the travelable distance DS of the own vehicle is calculated. The distance DS that can be traveled is an inter-vehicle distance at which… there is no obstacle between the vehicle and the other vehicle and the vehicle can travel safely… and the distance that the vehicle can travel in all lanes” and “detects that the travelable distance of the own vehicle traveling lane is equal to or less than a predetermined value”),
identify: a road, as a traveling road, on which the own vehicle is traveling; and one of the lanes, as a traveling lane, in which the own vehicle is traveling (see Teferra paras “0010-0012” and “0016-0017” “the navigation device 30 determines the current position of the vehicle and a portion corresponding to the current position. The map information, the traveling direction, and the traveling route are calculated and output as navigation data”, “The lane detecting means 22 sequentially detects the lane in the extracted travelable area and the own vehicle traveling lane in which the own vehicle is traveling” and “one or more lane information of the travelable area obtained by the processing up to step 226 and the own lane arrangement information in which the own vehicle is traveling”),
compare a continuously travelable own-lane distance with at least one continuously travelable other-lane distance to accordingly determine whether lane change from the traveling lane to at least one other lane included in the plurality of lanes is suitable (see Teferra paras “0018”, “0024” and “0031-0032” “it is determined whether or not the possible travel distance DS of the lane in which the vehicle is traveling is shorter than a predetermined value TH… the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane… it is determined that the lane change is necessary by the next guidance start point”, “it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH” and “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane. In step 4512, it is determined that traveling on the own lane is continued. If it is determined in Step 4511 that it is not possible to go straight in the current lane, it is determined in Step 4513 whether or not another lane is able to travel straight… If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515”),
the continuously travelable own-lane distance being the continuously travelable distance of the traveling lane of the own vehicle, the at least one continuously travelable other-lane distance being the continuously travelable distance of the at least one other lane (see Teferra paras “0018”, “0024” and “0031-0032” “it is determined whether or not the possible travel distance DS of the lane in which the vehicle is traveling is shorter than a predetermined value TH… the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane… it is determined that the lane change is necessary by the next guidance start point”, “it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH” and “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane. In step 4512, it is determined that traveling on the own lane is continued. If it is determined in Step 4511 that it is not possible to go straight in the current lane, it is determined in Step 4513 whether or not another lane is able to travel straight… If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515”),
and output information indicative of whether lane change from the traveling lane to the at least one other lane is suitable (see Teferra paras “0010”, “0014”, “0019”, “0026” and “0033” “The road guidance notification device 50 generates an image and a voice of road guidance based on the navigation data sent from the information fusion processing device 40A, and notifies the driver for each predetermined guidance point”, “When data indicating that a lane change is necessary is added to the road guidance and notification device 50 from the information fusion processing device 40A, the road guidance and notification device 50 displays an arrow of a right or left turn on the display device 54” and “it is detected whether the predetermined guide point is going straight or left or right, and the driver is notified to the driver according to the distance to the guide point and the congestion of the road”).
Regarding claim 15, Teferra discloses a lane-change program product for a controller of a lane determination apparatus, the lane-change program product comprising: a non-transitory computer-readable medium; and a set of computer program instructions embedded in the computer-readable medium, the instructions causing the controller to: (see Teferra paras “0013”, “0016-0018”, “0024” and “0031-0032” “The travelable distance calculation unit 41 acquires each piece of information processed by the image processing device 20A, and calculates the travelable distance of the own vehicle for each lane”, “First, in step 411, the information of the travelable area processed by the image processing device 20A and the information of the lane and the own vehicle traveling lane in which the own vehicle is traveling are acquired” and “In step 422, the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane, and when the travelable distance of the other lane is long, it is determined that the lane change is necessary by the next guidance start point. If the travelable distance of the other lane is also equal to or less than the predetermined value TH, it is determined that the lane change is unnecessary”),
road identification information for identifying a road that includes the at least one lane (see Teferra paras “0010-0012” and “0016-0017” “the navigation device 30 determines the current position of the vehicle and a portion corresponding to the current position. The map information, the traveling direction, and the traveling route are calculated and output as navigation data”, “The lane detecting means 22 sequentially detects the lane in the extracted travelable area and the own vehicle traveling lane in which the own vehicle is traveling” and “one or more lane information of the travelable area obtained by the processing up to step 226 and the own lane arrangement information in which the own vehicle is traveling”),
identify: a road, as a traveling road, on which the own vehicle is traveling; and one of the lanes, as a traveling lane, in which the own vehicle is traveling; lane identification information for identifying the at least one lane (see Teferra paras “0010-0012” and “0016-0017” “the navigation device 30 determines the current position of the vehicle and a portion corresponding to the current position. The map information, the traveling direction, and the traveling route are calculated and output as navigation data”, “The lane detecting means 22 sequentially detects the lane in the extracted travelable area and the own vehicle traveling lane in which the own vehicle is traveling” and “one or more lane information of the travelable area obtained by the processing up to step 226 and the own lane arrangement information in which the own vehicle is traveling”), (see Teferra paras “0013”, “0018” and “0022” “The travelable distance calculation unit 41 acquires each piece of information processed by the image processing device 20A, and calculates the travelable distance of the own vehicle for each lane”, “the travelable distance DS of the own vehicle is calculated. The distance DS that can be traveled is an inter-vehicle distance at which… there is no obstacle between the vehicle and the other vehicle and the vehicle can travel safely… and the distance that the vehicle can travel in all lanes” and “detects that the travelable distance of the own vehicle traveling lane is equal to or less than a predetermined value”),
and a continuously travelable distance for the at least one lane representing a distance for which the own vehicle is able to travel while keeping the at least one lane, the continuously travelable distance for the at least one lane being defined to correlate with the road identification information about the road and the lane identification information about the at least one lane (see Teferra paras “0018”, “0024” and “0031-0032” “it is determined whether or not the possible travel distance DS of the lane in which the vehicle is traveling is shorter than a predetermined value TH… the travelable distance of the traveling lane of the own vehicle is compared with the travelable distance of the other lane… it is determined that the lane change is necessary by the next guidance start point”, “it is determined whether or not the possible travel distance DS of the lane in which the own vehicle is traveling is shorter than a predetermined value TH” and “it is determined whether or not the vehicle can travel straight in the traveling lane of the vehicle (hereinafter, the lane is also simply referred to as a lane), that is, whether or not it is possible to travel straight in the current lane. In step 4512, it is determined that traveling on the own lane is continued. If it is determined in Step 4511 that it is not possible to go straight in the current lane, it is determined in Step 4513 whether or not another lane is able to travel straight… If it is determined in step 4513 that traveling on another lane is not possible, the degree of congestion between the own lane and the other lane is compared in step 4515”).
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.
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable in view of Teferra et al (JP4745877B2), (hereinafter Teferra) as applied to claim 1 above, in further view Sumizawa et al (US 2017/0082452 A1), (hereinafter Sumizawa).
Regarding claim 11, Teferra fails to explicitly teach wherein: the lane determination apparatus is configured to operate in cooperation with a cruise control system that performs control tasks related to how the own vehicle travels; and the output unit is configured to output, to the cruise control system, the information indicative of whether lane change from the traveling lane to the at least one other lane is suitable.
However, Sumizawa teaches wherein: the lane determination apparatus is configured to operate in cooperation with a cruise control system that performs control tasks related to how the own vehicle travels; and the output unit is configured to output, to the cruise control system, the information indicative of whether lane change from the traveling lane to the at least one other lane is suitable (see Sumizawa paras “0029”, “0035-0036”, “0044” and “0063-0065” “Specifically, the cruise control unit 5 determines whether or not lane changing has been performed by examining whether or not the subject vehicle 1 has crossed a white road line” and “If the cruise control unit 5 determines in step S201 that it is not immediately after the subject vehicle 1 has performed lane changing, the cruise control unit 5 proceeds to step S206 and exits the subroutine, maintaining the currently determined type of lane”),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Teferra for road guide system “to provide a vehicle cruise control apparatus capable of performing an acceleration control that matches a driver's feeling” as taught by Sumizawa (paras. [0035-0037]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable in view of Teferra et al (JP4745877B2), (hereinafter Teferra) as applied to claim 15 above, in further view Kanai et al (US 2015/0206433 A1), (hereinafter Kanai).
Regarding claim 16, Teferra fails to explicitly teach wherein: the road including the at least one lane comprises a plurality of segments, the plurality of segments being defined such that vehicle-travel situations in one of any adjacent pair of the segments of the road and vehicle-travel situations in the other of the adjacent pair of segments of the road are different from one another; and a value of the continuously travelable distance for each of the plurality of segments included in the at least one lane being determined based on a predetermined distance of the corresponding one of the plurality of segments.
However, Kanai teaches wherein: the road including the at least one lane comprises a plurality of segments, the plurality of segments being defined such that vehicle-travel situations in one of any adjacent pair of the segments of the road and vehicle-travel situations in the other of the adjacent pair of segments of the road are different from one another; and a value of the continuously travelable distance for each of the plurality of segments included in the at least one lane being determined based on a predetermined distance of the corresponding one of the plurality of segments (see Kanai paras “0032-0036”, “0052-0055” and “0078-0081” “the plurality of track roads be divided into multiple segments… one or more segments in which the number of times that the specific spots are set within a predetermined period of time has exceeded a threshold, the one or more segments being related with the two track roads in the two-way traffic area among the plurality of segments; and another segment arranged beside the one or more segments in which the threshold has been exceeded”, “if one of the plurality of vehicles is found in a segment related with the two track roads in the specific area among the plurality of segments, the traveling permitted segment setting unit set the segment related with one of these two track roads as the traveling permitted segment for this one vehicle and exclude a segment related with the other track road of the two track roads in the specific area among the plurality of segments from a traveling permitted segment of the other vehicles except the one vehicle among the plurality of vehicles” and “Each track road 24 is divided into a plurality of roads along the extension direction thereof. Each divided area is herein referred to as “segment.”” Regarding determining how far the vehicle can keep traveling before permission expires (i.e., continuously travelable distance)),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Teferra for road guide system “to divide the road lane into multiple road segments” as taught by Kanai (paras. [0035-0032-0036]) in order to provide control such that a plurality of vehicles will not collide.
Allowable Subject Matter
Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if overcome the 101 rejection and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/HOSSAM M ABD EL LATIF/Examiner, Art Unit 3664