DETAILED ACTION
1. This Final Office Action is in response to the Amendment filed June 18, 2025.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
3. 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.
4. Claim(s) 1-5, 7-10, 12-16, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the McQuillen reference (US Patent Publication No. 2019/0064934).
5. Regarding claim 1, the McQuillen reference discloses:
a system comprising a computer (402) including a processor (414) and a memory (416), the memory storing instructions executable by the processor such that the computer is programmed to [Paragraph 0044]:
receive, via wireless communications [Paragraph 0054—V2V and/or V2X communication], respective vehicle data for each of a plurality of vehicles on a roadway [Paragraph 0054—speed and presence for lead vehicle and passing vehicle], the vehicle data including at least speed [Paragraph 0054—detects the lead vehicle speed via . . . V2V and/or V2X communication received] and location [Paragraph 0054—presence] data;
determine a set of current pass zones and a set of current no-pass zones [Paragraph 0016—passing conditions and non-passing conditions are dependent upon the adjacent lanes having a no-pass zones or pass zones] on the roadway (512) based on the speed and location data from the plurality of vehicles (FIG. 5), a set of static no-pass zones [Paragraph 0016—either a no-pass or pass so the first set is one no-pass or pass and the other set is zero no-pass or pass], and a set of static pass zones [Paragraph 0016]; and
transmit a control parameter (522) for a candidate passing vehicle (100) in the plurality of vehicles (FIG. 2), wherein the control parameter (522) is determined based on the set of current pass-zones and the set of current no-pass zones [Paragraph 0055].
6. Regarding claim 2, the McQuillen reference further discloses:
transmit one or more further respective control parameters (524) to one or more vehicles in the plurality of vehicles (FIG. 2), in addition to transmitting the control parameter (522) to the candidate passing vehicle (100).
7. Regarding claim 3, the McQuillen reference further discloses:
wherein the control parameter includes a steering instruction for the candidate passing vehicle (FIG. 5—change lanes).
8. Regarding claim 4, the McQuillen reference further discloses:
determine the control parameter based on a location of a current pass zone selected from the set of current pass zones (FIG. 5).
9. Regarding claim 5, the McQuillen reference further discloses:
wherein the instructions to determine the sets of current pass-zones and current no-pass zones take a location of the candidate passing vehicle into consideration (FIG. 5)
10. Regarding claim 7, the McQuillen reference further discloses:
wherein the instructions to determine the sets of current pass- zones and current no-pass zones takes a roadway condition into consideration [Paragraph 0055].
11. Regarding claim 8, the McQuillen reference further discloses:
wherein the roadway condition includes one of a width (FIG. 3), a curve, a grade, a surface condition, and a weather condition.
12. Regarding claim 9, the McQuillen reference further discloses:
wherein the vehicle data includes vehicle dimension data [Paragraph 0058].
13. Regarding claim 10, the McQuillen reference further discloses:
wherein at least one of the sets of current pass-zones, current no-pass zones, static no-pass zones, and static pass zones is empty [Paragraph 0016—either a no-pass or pass so the first set is one no-pass or pass and the other set is zero no-pass or pass and therefore empty].
e candidate passing vehicle (100) into consideration (implicit).
14. Regarding claim 12, the McQuillen reference further discloses:
receive the vehicle data (FIG. 3—data about vehicle lanes) for a first one of the plurality of vehicles (100) from a roadside infrastructure element (306) or a second one of the plurality of vehicles.
15. Regarding claim 13, the McQuillen reference further discloses:
a vehicle computer (420) in the candidate passing vehicle (100) including a processor (414) and a memory (416) [Paragraph 0043], the memory storing instructions executable by the processor such that the vehicle computer is programmed to:
control at least one of speed (420) or steering according to the transmitted control parameter (522).
16. Regarding claim 14, the McQuillen reference discloses:
a method, comprising:
receiving, via wireless communications [Paragraph 0054—V2V and/or V2X communication], respective vehicle data for each of a plurality of vehicles on a roadway [Paragraph 0054—speed and presence for lead vehicle and passing vehicle], the vehicle data including at least speed [Paragraph 0054—detects the lead vehicle speed via . . . V2V and/or V2X communication received], location [Paragraph 0054—presence], and dimension data [Paragraph 0058];
determining a set of current pass zones and a set of current no-pass zones [Paragraph 0016—passing conditions and non-passing conditions are dependent upon the adjacent lanes having a no-pass zones or pass zones] on the roadway (512) based on the speed and location data from the plurality of vehicles (FIG. 5), a set of static no- pass zones [Paragraph 0016—either a no-pass or pass so the first set is one no-pass or pass and the other set is zero no-pass or pass], and a set of static pass zones [Paragraph 0016]; and
transmitting a control parameter (522) for a candidate passing vehicle (100) in the plurality of vehicles (FIG. 2), wherein the control parameter (522) is determined based on a location of a current pass zone selected from the set of current pass zones [Paragraph 0016 the current pass zone is the only one of the set it implicitly has a location that is acceptable for autonomous moving].
17. Regarding claim 15, the McQuillen reference further discloses:
transmitting one or more further respective control parameters (524) to one or more participating vehicles in the plurality of vehicles (FIG. 2), in addition to transmitting the control parameter (522) to the candidate passing vehicle (100).
18. Regarding claim 16, the McQuillen reference further discloses:
wherein determining the sets of current pass-zones and current no-pass zones is further based on a location of the candidate passing vehicle (100) (implicit) and a roadway condition
that includes one of a curve (FIG. 3), a grade, a lane width, a surface condition, or a weather condition.
19. Regarding claim 18, the McQuillen reference further discloses:
in the candidate passing vehicle (100), controlling at least one of speed or steering (move lanes) according to the control parameter (522).
20. Regarding claim 19, the McQuillen reference further discloses:
receiving the vehicle data (FIG. 3—data about vehicle lanes) for a first one of the plurality of vehicles (100) from a roadside infrastructure element (306) or a second one of the plurality of vehicles.
Claim Rejections - 35 USC § 103
21. 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.
22. Claim(s) 6, 11, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the McQuillen reference in view of the Lokesh reference (US Patent Publication No. 2017/0053534).
23. Regarding claim 6, the McQuillen reference fails to disclose:
wherein the location of the candidate passing vehicle is used to define a start point for a look-ahead distance for a portion of the roadway evaluated to determine the sets of current pass zones and current no-pass zones, wherein the look-ahead distance is selected from a fixed distance, an adjustable distance based upon traffic conditions, an adjustable distance based upon weather conditions, or an adjustable distance based upon the candidate passing vehicle.
The Lokesh reference teaches it is conventional in the art of autonomous vehicles to perform as taught in [Paragraph 0047] wherein the location of the candidate passing vehicle (trailing vehicle) is used to define a start point for a look-ahead distance for a portion of the roadway evaluated (distance to overtake) to determine the sets of current pass zones and current no-pass zones (where in the road ahead the passing is not allowed), wherein the look-ahead distance is selected from a fixed distance, an adjustable distance based upon traffic conditions, an adjustable distance based upon weather conditions, or an adjustable distance based upon the candidate passing vehicle (speed of leading vehicle, distance to leading vehicle). [Paragraph 0047]. Such configurations/structures would allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the McQuillen reference, such that the system further includes wherein the location of the candidate passing vehicle is used to define a start point for a look-ahead distance for a portion of the roadway evaluated to determine the sets of current pass zones and current no-pass zones, wherein the look-ahead distance is selected from a fixed distance, an adjustable distance based upon traffic conditions, an adjustable distance based upon weather conditions, or an adjustable distance based upon the candidate passing vehicle, as clearly suggested and taught by the Lokesh reference, in order to allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
24. Regarding claim 11, the McQuillen reference further discloses:
receive, from the candidate passing vehicle (100).
The McQuillen reference discloses the invention as essentially claimed. However, the McQuillen reference fails to disclose a pass zone request.
The Lokesh reference teaches it is conventional in the art of autonomous vehicles to perform as taught in [Paragraph 0047] a pass zone request [Paragraph 0047]. Such configurations/structures would allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the McQuillen reference, such that the system further includes a pass zone request, as clearly suggested and taught by the Lokesh reference, in order to allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
25. Regarding claim 17, the McQuillen reference fails to disclose:
wherein the location of the candidate passing vehicle is used to define a start point for a look-ahead distance for a portion of the roadway evaluated to determine the sets of current pass zones and current no-pass zones, wherein the look-ahead distance is selected from a fixed distance, an adjustable distance based upon traffic conditions, an adjustable distance based upon weather conditions, or an adjustable distance based upon the candidate passing vehicle.
The Lokesh reference teaches it is conventional in the art of autonomous vehicles to perform as taught in [Paragraph 0047] wherein the location of the candidate passing vehicle (trailing vehicle) is used to define a start point for a look-ahead distance for a portion of the roadway evaluated (distance to overtake) to determine the sets of current pass zones and current no-pass zones (where in the road ahead the passing is not allowed), wherein the look-ahead distance is selected from a fixed distance, an adjustable distance based upon traffic conditions, an adjustable distance based upon weather conditions, or an adjustable distance based upon the candidate passing vehicle (speed of leading vehicle, distance to leading vehicle). [Paragraph 0047]. Such configurations/structures would allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the McQuillen reference, such that the system further includes wherein the location of the candidate passing vehicle is used to define a start point for a look-ahead distance for a portion of the roadway evaluated to determine the sets of current pass zones and current no-pass zones, wherein the look-ahead distance is selected from a fixed distance, an adjustable distance based upon traffic conditions, an adjustable distance based upon weather conditions, or an adjustable distance based upon the candidate passing vehicle, as clearly suggested and taught by the Lokesh reference, in order to allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
26. Regarding claim 20, the McQuillen reference further discloses:
receiving, from the candidate passing vehicle (100).
The McQuillen reference discloses the invention as essentially claimed. However, the McQuillen reference fails to disclose a pass zone request.
The Lokesh reference teaches it is conventional in the art of autonomous vehicles to perform as taught in [Paragraph 0047] a pass zone request [Paragraph 0047]. Such configurations/structures would allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the system of the McQuillen reference, such that the system further includes a pass zone request, as clearly suggested and taught by the Lokesh reference, in order to allow different parameters to be controlled depended upon the type of request [Paragraph 0047].
Response to Arguments
Applicant's arguments filed June 18, 2025 have been fully considered but they are not persuasive. The Applicant argues that (1) the prior art fails to disclose no pass zones (2) certainly no sets of no pass zones and (3) passing is not determined from the speed and location data from the plurality of vehicles. The Office traverses.
It is undeniable that the disclosure cited operates to keep the host vehicle from crashing into vehicles traveling on both sides of the host vehicle. This is explicitly disclosed by the prior art. Based on this explicit disclosure, the Office is allowed “[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” MPEP 2144.01. Based on the implicit teaching of the reference, more than just a lane type is being utilized to prevent crashes. The area to the sides of the host vehicle where other vehicles are located are implicitly disclosed no pass zones. They are sets of no pass zones because when the vehicle to the side is directly to the side is a first no pass zone, slightly past a second no pass zone, slightly behind, a third no pass zone. And the Applicant admits that even explicitly there is disclosure about speed data and certainly there is implicit disclosure that position and speed is taken into account to prevent collisions. Accordingly, all claims are finally rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHARLES J BRAUCH whose telephone number is (313)446-6511. The examiner can normally be reached Monday-Friday 9:00 AM to 6 PM.
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/CHARLES JOSEPH BRAUCH/
Examiner
Art Unit 3747
/CARL C STAUBACH/Primary Examiner, Art Unit 3747
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