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 01/22/2026 have been fully considered but they are not persuasive.
In regards to the independent claims, Applicant argues the rationale of Nakaya (US 20220327932) previously no longer applies to the claims as amended, as the claims now explicitly require classifying an unsafe driving behavior type distinct from classifying a severity of the unsafe driving behavior. Applicant argues, Nakaya calculates a single dangerous driving level that represents a degree of danger and at most categorizes a vehicle as dangerous or not dangerous based on a threshold, which does not determine a behavior type distinct from a severity, nor separate determinations corresponding to different behavior types. Applicant argues Atsmon (US 20220153279) does not disclose simulating ego vehicle movement that is conditioned on a classified unsafe driving behavior of another vehicle, let alone movement that is specific to both a behavior type and a severity of that behavior, and therefore Atsmon’s general environment or traffic simulation does not cure the deficiencies of Nakaya. Therefore, Applicant concludes the independent claims are not rendered obvious and should be allowed.
However, Nakaya teaches as the Applicant appears to readily admit, a determination of dangerous driving level based on a behavior of a vehicle. Nakaya also teaches at least in [0069] determining whether a pattern of driving behavior corresponds to one of predetermined patterns of driving behavior, which classifies this pattern of driving as of the type of predetermined pattern it is found to correspond with. This is a distinct analysis from the driving danger level, and therefore the classification of driving behavior type is distinct from the classification of driving behavior severity level. Further, Atsmon alone is not relied upon to teach the claim, but Nakaya, as modified by Atsmon. Atsmon teaches determining simulation of a traffic environment including simulation of vehicles within the environment based on their behavior, Nakaya then teaches how do determine the behavior of those vehicles which is applied to the simulation techniques of Atsmon. This is precisely what is required by the claims.
As such, these arguments are unpersuasive.
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.
Claims 1-15 and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Nakaya (US 20220327932) in view of Atsmon (US 20220153279).
In regards to claim 1, Nakaya teaches a system, comprising: (Figs 1, 2, 4, 6.)
a processor; ([0053], [0063] either or both of vehicle side processor and server side processor in combination may serve as processor.) and
a memory storing machine-readable instructions that, when executed by the processor, cause the processor to: ([0037] medium stores instructions executed by processors.)
detect an unsafe driving behavior of a vehicle in a vicinity of an ego vehicle; ([0056] vehicle side processor functions to detect dangerous driving around the own vehicle, particularly detecting patterns of driving behavior corresponding to dangerous behavior performed by nearby vehicles.)
classify the unsafe driving behavior by determining a behavior type and a severity of the unsafe driving behavior, the behavior type being distinct from the severity; ([0064] server-side processor serves as dangerous driving level calculator, which calculates dangerous driving level of analyzed driving behavior. This classifies the analyzed driving behavior as of a particular dangerous driving level which is both a classification of the type of behavior and severity as a combined classification. [0069] driving behavior is analyzed to determine dangerous driving degrees of different vehicles, which is done at least in part by identifying the behavior, which determines the type of behavior. Driving behavior patterns are analyzed to determine if they correspond to predetermined driving behaviors, which classifies the unsafe driving behavior to a behavior type of one of the predetermined driving behaviors, which is distinct from the dangerous driving degree, at least by being its own analysis.)
Nakaya does not teach:
simulate candidate ego vehicle responses to the unsafe driving behavior based on:
the determined behavior type and the determined severity, wherein simulated movement of the ego vehicle is specific to the behavior type and the severity; and
a profile of an ego vehicle driver;
generate guidance for the ego vehicle based on a selected vehicle response; and
control the ego vehicle based on the generated guidance.
However, Atsmon teaches determining a driver profile for a particular driver of a particular vehicle, as well as an environmental profile of the area around the vehicle and simulating the evolvement of the environment including traffic behavior ([0095], [0096], [0099]-[0102], [0109]-[0111]). The model may define how the driver and vehicle react to different conditions of the environment through simulation ([0114]). From the simulations, a risk of adverse event is determined ([0116]), and then parameters for the vehicle are adapted based on the determined risk ([0133]). Instructions are generated to adapt parameters of the vehicle ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, by incorporating the teachings of Atsmon, such that the environment around the vehicle and the own vehicle are simulated, where the own vehicle is simulated based on a driver profile and the currently driven vehicle type, and the environment is simulated using the behavior of vehicles around the own vehicle predicting motion specific to the determined behavior, including the classified unsafe driving behavior and dangerous driving level of Nakaya, which is then used to determine risk of adverse events, parameters to be adapted based on the determined risk, and subsequent instructions for the vehicle.
The motivation to do so is that, as acknowledged by Atsmon, this allows for reducing risk of the vehicle as the vehicle operates ([0026]).
In regards to claim 2, Nakaya, as modified by Atsmon, teaches the system of claim 1, wherein the machine-readable instruction that, when executed by the processor, causes the processor to classify the behavior type and the severity of the unsafe driving behavior further comprises a machine-readable instruction that, when executed by the processor, causes the processor to classify the behavior type and the severity of the unsafe driving behavior based on at least one of:
a movement pattern of the unsafe driving behavior; ([0069] degree of dangerous driving may be determined at least in part by analyzing whether a vehicle abruptly steers or corners, brakes, violates safety distances with other vehicles, changes lanes, drifts out of its lane, and the like, all of which analyze the pattern of movement of the behavior of observed vehicle.)
a degree of repetition of the unsafe driving behavior; ([0069] degree of dangerous driving may be determined at least in part by analyzing whether a vehicle repeatedly drifts out of its lane, which is a degree of repetition of a particular unsafe driving behavior.)
a temporal context of the unsafe driving behavior; ([0051] particular behavior may be removed from the recorded dangerous behavior list if it has not occurred for a long time, which places a time based context on the determination of dangerous driving behavior of observed vehicles.) or
a number of lanes affected. ([0069] degree of dangerous driving may be determined at least in part by analyzing how often the vehicle makes lane changes, drifts out of its lane, and the like. This determines that a number of lanes are effected by the behavior.)
In regards to claim 3, Atsmon teaches the adjusted parameters of the vehicle based on the simulation include navigation, braking, multimedia, car phone, and emergency handling subsystems ([0077], [0078]). Model of vehicle includes engine capabilities, steering handling, braking distance, and the like ([0095]). Driver profile includes analyzed speed, braking patterns, and driving patterns ([0096]). The simulation is based upon the model of the vehicle and the driver profile and defines the installed driver assistance operations of the vehicle and the driver’s response ([0109]-[0111], [0114]). The simulation is also based upon an environment profile composed of traffic pattern and weather pattern data ([0099]-[0102]). This means the simulation outputs operations of the vehicle and environment reflecting the capabilities of the vehicle and traffic as well as the driver’s capabilities, such as vehicles’ braking patterns, driving patterns, traffic patterns, and weather patterns, which include indirect indications of upcoming collision at least by braking and steering of other vehicle within traffic in the environment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that the simulation is performed using a model of the vehicle, driver profile, and environment profile which contain capabilities of the vehicle and characteristics of the vehicle, traffic patterns, and weather patterns, and the simulation outputs risk associated with different predicted maneuvers, where these patterns include indirect environmental indications of upcoming collisions.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 4, Nakaya, as modified by Atsmon, teaches the system of claim 1, wherein the machine-readable instruction that, when executed by the processor, causes the processor to detect the unsafe driving behavior of the vehicle in the vicinity of the ego vehicle comprises a machine-readable instruction that, when executed by the processor, causes the processor to detect the unsafe driving behavior of the vehicle based on at least one of:
a sensor system of the ego vehicle; ([0068] camera of own vehicle is used to recognize driving patterns of vehicles around the own vehicle, which are later analyzed to determine the behavior is dangerous.) or
sensor systems of multiple vehicles in the vicinity of the vehicle.
In regards to claim 5, Atsmon teaches simulation of the vehicle’s operation is performed based on a model of the vehicle incorporating characteristics of the vehicle, a driver profile, and an environmental profile ([0095], [0096], [0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that the simulation of the vehicle is performed based at least in part upon a model of the own vehicle incorporating the own vehicle’s characteristics, a driver profile of the vehicle, and an environment profile of the surroundings of the own vehicle.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 6, Atsmon teaches the simulation may be executed to virtually model a real world location and then presented for a user to see the driving of the vehicle through the virtual world, where the own vehicle is simulated through a model of the own vehicle and driver profile ([0095], [0096], [0118], [0119]). This is a digital twin simulation as it digitally models an identical version of the physical components of the environment and the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that the simulation creates virtual versions of real world locations and the own vehicle, thereby creating digital twins of the own vehicle and its response to the environment.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 7, Nakaya also teaches determining a dangerous driving level of behavior of an observed vehicle in the environment around the own vehicle ([0056], [0064]), which is a classification of dangerous driving behavior as of a particular level.
Atsmon teaches the simulation is performed based on historical and real-time data of the driver ([0076]) and of the environment ([0099]-[0102]). As this data is time synced, it is time ordered and includes detected maneuvers of both the own vehicle and other vehicles within the environment. The simulation determines the response of the own vehicle to the environment and each other observed vehicle, which are predicted actions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application, to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that the classification of the dangerous driving level is used as part of the environment profile of Atsmon, thereby basing the simulation at least in part on the classification of the dangerous driving level.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 8, Atsmon teaches the driver profile may be obtained from manual entry, created from outputs from sensor of the vehicle, or may be a generic driver profile for people of a similar demographic ([0096], [0098]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that the driver profile is obtained from manual entry, created from outputs of the sensors of the vehicle, or obtained as a generic driver profile for people of a similar demographic.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 9, Atsmon teaches the driver profile is determined based on aggregation of data from multiple real drivers and their historical behavior through defined environmental conditions, including similar environments, which is then input into simulation ([0113]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that simulation is performed using a driver profile created as an aggregation of data from historical behavior of multiple real drivers.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 10, Nakaya, as modified by Atsmon, teaches the system of claim 1.
Nakaya also teaches determining a dangerous driving level of behavior of an observed vehicle in the environment around the own vehicle ([0056], [0064]), which is a classification of dangerous driving behavior as of a particular level.
Atsmon teaches determining a driver profile for a particular driver of a particular vehicle, as well as an environmental profile of the area around the vehicle and simulating the evolvement of the environment ([0095], [0096], [0099], [0109]-[0111]). The model may define how the driver and vehicle react to different conditions of the environment through simulation ([0114]). From the simulations, a risk of adverse event is determined ([0116]), and then parameters for the vehicle are adapted based on the determined risk ([0133]). Instructions are generated to adapt parameters of the vehicle ([0142]). As the vehicle travels based on the adapted parameters, simulation is repeated ([0122]-[0124]), which thereby means that each successive simulation is based upon the adapted parameters of the last simulation and the evolvement of the environment around the vehicle, including behavior of other vehicles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control method of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that once dangerous driving behavior level is determined, this information is factored into the environment profile of Atsmon and used to determine a simulation and adapt parameters of the own vehicle in response to the simulation results, and then the processing is repeated such that with the adapted parameters of the own vehicle, further observation and analysis of the environment is performed to determine dangerous driving behavior levels at the next time step, the environment profile is generated, and simulation is performed, where the simulation determines the risk of an adverse event by following particular operations of the own vehicle.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
In regards to claim 11, Nakaya, as modified by Atsmon, teaches the system of claim 1, wherein the machine-readable instruction that, when executed by the processor, causes the processor to generate guidance for the ego vehicle comprises a machine-readable instruction that, when executed by the processor, causes the processor to transmit the guidance to at least one of:
an automated driving system of the ego vehicle; ([0004], [0078] vehicles may be self-driving or human-driving vehicles, where dangerous driving information is displayed on navigation system of the own vehicle, which includes guidance transmitted to a self-driving vehicle.) or
a navigation system of the ego vehicle. ([0078] dangerous driving information is displayed on navigation system of the own vehicle.)
In regards to claim 12, Nakaya teaches a non-transitory machine-readable medium comprising instructions that, when executed by a processor, cause the processor to: ([0037] medium stores instructions executed by processors.)
detect an unsafe driving behavior of a vehicle in a vicinity of an ego vehicle; ([0056] vehicle side processor functions to detect dangerous driving around the own vehicle, particularly detecting patterns of driving behavior corresponding to dangerous behavior performed by nearby vehicles.)
classify the unsafe driving behavior by determining a behavior type and severity of the unsafe driving behavior, the behavior type being distinct from the severity; ([0064] server-side processor serves as dangerous driving level calculator, which calculates dangerous driving level of analyzed driving behavior. This classifies the analyzed driving behavior as of a particular dangerous driving level which is both a classification of the type of behavior and severity as a combined classification. [0069] driving behavior is analyzed to determine dangerous driving degrees of different vehicles, which is done at least in part by identifying the behavior, which determines the type of behavior. Driving behavior patterns are analyzed to determine if they correspond to predetermined driving behaviors, which classifies the unsafe driving behavior to a behavior type of one of the predetermined driving behaviors, which is distinct from the dangerous driving degree, at least by being its own analysis.)
Nakaya does not teach:
simulate candidate ego vehicle responses to the unsafe driving behavior based on:
the determined behavior type and severity, where simulated movement of the ego vehicle is specific to the behavior type and the severity; and
a profile of an ego vehicle driver;
generate guidance for the ego vehicle based on a selected vehicle response; and
control the ego vehicle based on the generated guidance.
However, Atsmon teaches determining a driver profile for a particular driver of a particular vehicle, as well as an environmental profile of the area around the vehicle and simulating the evolvement of the environment including traffic behavior ([0095], [0096], [0099]-[0102], [0109]-[0111]). The model may define how the driver and vehicle react to different conditions of the environment through simulation ([0114]). From the simulations, a risk of adverse event is determined ([0116]), and then parameters for the vehicle are adapted based on the determined risk ([0133]). Instructions are generated to adapt parameters of the vehicle ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control instructions of Nakaya, by incorporating the teachings of Atsmon, such that the environment around the vehicle and the own vehicle are simulated, where the own vehicle is simulated based on a driver profile and the currently driven vehicle type, and the environment is simulated using the behavior of vehicles around the own vehicle predicting motion specific to the determined behavior, including the classified unsafe driving behavior of Nakaya, which is then used to determine risk of adverse events, parameters to be adapted based on the determined risk, and subsequent instructions for the vehicle.
The motivation to do so is that, as acknowledged by Atsmon, this allows for reducing risk of the vehicle as the vehicle operates ([0026]).
In regards to claim 13, Nakaya, as modified by Atsmon, teaches the non-transitory machine-readable medium of claim 12.
Claim 13 recites a non-transitory machine-readable medium having substantially the same features of claim 2 above, therefore claim 13 is rejected for the same reasons as claim 2.
In regards to claim 14, Nakaya, as modified by Atsmon, teaches the non-transitory machine-readable medium of claim 12.
Claim 14 recites a non-transitory machine-readable medium having substantially the same features of claim 3 above, therefore claim 14 is rejected for the same reasons as claim 3.
In regards to claim 15, Nakaya, as modified by Atsmon, teaches the non-transitory machine-readable medium of claim 12.
Claim 15 recites a non-transitory machine-readable medium having substantially the same features of claim 5 above, therefore claim 15 is rejected for the same reasons as claim 5.
In regards to claim 17, Nakaya teaches a method, comprising: (Fig 8.)
detecting an unsafe driving behavior of a vehicle in a vicinity of an ego vehicle; ([0056] vehicle side processor functions to detect dangerous driving around the own vehicle, particularly detecting patterns of driving behavior corresponding to dangerous behavior performed by nearby vehicles. [0094], [0095] this occurs in steps S11, S12, and S21.)
classifying the unsafe driving behavior by determining a behavior type and severity of the unsafe driving behavior, the behavior type being distinct from the severity; ([0064] server-side processor serves as dangerous driving level calculator, which calculates dangerous driving level of analyzed driving behavior. This classifies the analyzed driving behavior as of a particular dangerous driving level which is both a classification of the type of behavior and severity as a combined classification. [0069] driving behavior is analyzed to determine dangerous driving degrees of different vehicles, which is done at least in part by identifying the behavior, which determines the type of behavior. Driving behavior patterns are analyzed to determine if they correspond to predetermined driving behaviors, which classifies the unsafe driving behavior to a behavior type of one of the predetermined driving behaviors, which is distinct from the dangerous driving degree, at least by being its own analysis. [0095] this occurs in steps S21 and S22.)
Nakaya does not teach:
simulating candidate ego vehicle responses to the unsafe driving behavior based on:
the determined behavior type and the determined severity, wherein simulated movement of the ego vehicle is specific to the behavior type and the severity; and
a profile of an ego vehicle driver;
generating guidance for the ego vehicle based on a selected vehicle response; and
controlling the ego vehicle based on the generated guidance.
However, Atsmon teaches determining a driver profile for a particular driver of a particular vehicle, as well as an environmental profile of the area around the vehicle and simulating the evolvement of the environment including traffic behavior ([0095], [0096], [0099]-[0102], [0109]-[0111]). The model may define how the driver and vehicle react to different conditions of the environment through simulation ([0114]). From the simulations, a risk of adverse event is determined ([0116]), and then parameters for the vehicle are adapted based on the determined risk ([0133]). Instructions are generated to adapt parameters of the vehicle ([0142]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control method of Nakaya, by incorporating the teachings of Atsmon, such that the environment around the vehicle and the own vehicle are simulated, where the own vehicle is simulated based on a driver profile and the currently driven vehicle type, and the environment is simulated using the behavior of vehicles around the own vehicle predicting motion specific to the determined behavior, including the classified unsafe driving behavior of Nakaya, which is then used to determine risk of adverse events, parameters to be adapted based on the determined risk, and subsequent instructions for the vehicle.
The motivation to do so is that, as acknowledged by Atsmon, this allows for reducing risk of the vehicle as the vehicle operates ([0026]).
In regards to claim 18, Nakaya, as modified by Atsmon, teaches the method of claim 17.
Claim 18 recites a method having substantially the same features of claim 2 above, therefore claim 18 is rejected for the same reasons as claim 2.
In regards to claim 19, Nakaya, as modified by Atsmon, teaches the method of claim 17.
Claim 19 recites a method having substantially the same features of claim 3 above, therefore claim 19 is rejected for the same reasons as claim 3.
In regards to claim 20, Nakaya, as modified by Atsmon, teaches the method of claim 17.
Claim 20 recites a method having substantially the same features of claim 5 above, therefore claim 20 is rejected for the same reasons as claim 5.
In regards to claim 21, Atsmon teaches simulating evolvement of an environment based on a driver profile and environmental profile, where the environmental profile is created from traffic patterns including historical patterns and the driver profile is based on driver history of the driver of a particular vehicle ([0095], [0096], [0099]-[0102]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Nakaya, as already modified by Atsmon, by further incorporating the teachings of Atsmon, such that future actions of the vehicles within the environment and the own vehicle are predicted within simulation based at least in part on the determined behavior and dangerous driving level as in Nakaya, where the future predictions are specific to the determined behavior and dangerous driving level.
The motivation to do so is the same as acknowledged by Atsmon in regards to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wei et al. (US 20160314224) teaches simulating an environment with behavior of vehicles.
Zhang et al. (US 20220297726) teaches detecting an unsafe driving scenario.
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/MATTHIAS S WEISFELD/Examiner, Art Unit 3661