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 . This office action is in response to an amendment filed on 6/24/26. Claims 1, 5, and 8 are pending.
Response to Amendment
Amendments filed on 6/24/26 are under consideration. Claims 1 and 8 are amended.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/5/2026 has been entered.
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, 5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Eriksson (EP4052983B1) in view of Kojo et al. (US 2021/0316724 Al and in further view of Ishihara et al. (EP2894081A2) and in further view of Eade et al. (US 11,874,660 B2). and in further view of Yamaoka et al. (US 11,874,660 B2).
Regarding Claim 1, Eriksson teaches a vehicle control system for controlling a vehicle capable of autonomous driving, the vehicle control system comprising one or more processors configured to (Pg.2 col 1 lines 5-9 [0001] – “The present invention relates to a method for transitioning a drive mode of a vehicle from an assisted drive mode to an automated drive mode, a drive control system for a vehicle and a vehicle”) when an operation condition is satisfied, perform driving support control that controls at least one of steering, acceleration, and deceleration of the vehicle for improving travel safety of the vehicle or for stabilizing behavior of the vehicle during manual driving of the vehicle (Pg. 3 col 3 lines 15-20 [0012] – “…the low support level may comprise a longitudinal braking assistance and active safety functionalities, preferably provided by an activated lane keeping assist and an activated collision prevention assist, and/or an activated deceleration function…” (equates to driving support control & at least one of deceleration) & see also Pg. 3 col 3 lines 26-29 [0013] – “…the low support level only provides assistance when it is detected that a collision might occur, such as keeping the vehicle in lane when the vehicle comes close to lane boundaries…” (Equates to operation condition satisfaction & improving travel safety)) when receiving an autonomous driving start request to start the autonomous driving during operation of the driving support control, (Pg. 2 – [0006] – “According to a first aspect, there is provided a method for transitioning a drive mode of a vehicle from an assisted drive mode to an automated drive mode. The method comprises the following steps: providing an assisted drive mode configured to support a driver controlling the vehicle at a medium support level; receiving an activation request for activating an automated drive mode configured to control a driving of the vehicle autonomous” (equates to when receiving an autonomous driving start request to start the autonomous driving during operation of the driving support control as the quote shows a request to switch from an assisted driver mode (equivalent to the driving support control) to the autonomous driving mode.)); as before the autonomous driving start request ((Pg. 2 – [0006] – “receiving an activation request for activating an automated drive mode configured to control a driving of the vehicle autonomously; ” & See Also Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11).” (equates to as before the autonomous driving start request as the quotes show an autonomous driving request being received and a mode of travel being maintained until a request for autonomous driving is made))) wherein, in a case where the driving support control controls steering of the vehicle (Pg. 2 – [0006] – “providing an assisted drive mode configured to support a driver controlling the vehicle at a medium support level” ) and in a case where the driving support control controls acceleration or deceleration of the vehicle, (Pg. 3 col 3 lines 15-20 [0012] – “…the low support level may comprise a longitudinal braking assistance and active safety functionalities, preferably provided by an activated lane keeping assist and an activated collision prevention assist, and/or an activated deceleration function…” (equates to and in a case where the driving support control controls acceleration or deceleration of the vehicle as the braking is controlled)) set a first time as a transition suspension time; (Pg. 11 – Fig. 4 – t1 to t2 & See Also Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11 ). The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms, describes the transitioning from the assisted drive mode AS to the safe assisted drive mode ADAS” (equates to set a first time as a transition suspension time as the art shows a suspension time from activating the automated drive mode from the assisted drive mode as provided. ) ) set a second time as the transition suspension time, wherein the second time is longer than the first time; (Pg. 6 – [0043] – “activation request failed, the safe assisted drive mode ADAS is maintained beyond the time t2 and the second in-lane target area boundaries L2, R2 of the lateral lane control LLC are maintained” (equates to set a second time as the transition suspension time, wherein the second time is longer than the first time; as the quote shows how the request fails and a time different from the first time is set as the time extends past the t2 marker (as seen in figure 5) and the time is made to go past the successful activation time as these case is dealing with an unsuccessful transition into automated driving mode.)) and permit starting the autonomous driving only (Pg. 5 col 7 lines 30-33 [0037] – “If the activation request is successful (YES in 30 Figure 2), the support level SL is increased from the safe assisted drive mode ADAS to the automated drive mode…” & See Pg. 5 col 8 lines 34-36 [0041] – “. The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & Also see Pg. 5 col 8 lines 45-46 [0042] – “at time t2, the activation request is successful and the automated drive mode AD is activated” (equates permit and permit starting the autonomous driving only as the quotes show that the activation request has been received by the vehicle and that the automated driving is only started after the t1 to t2 or transition time has elapsed)). if a permission condition is satisfied, (Pg. 5 col 8 lines 34-36 [0041] – “. The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & Also see Pg. 5 col 8 lines 45-46 [0042] – “at time t2, the activation request is successful and the automated drive mode AD is activated” (equates to if a permission condition is satisfied as the transition suspension time between driving modes can be the condition as this quote show it elapsing before transitioning to the next drive mode.)) as before the autonomous driving start request, (Pg. 2 – [0006] – “receiving an activation request for activating an automated drive mode configured to control a driving of the vehicle autonomously; ” & See Also Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11).” (equates to as before the autonomous driving start request as the quotes show an autonomous driving request being received and a mode of travel being maintained until a request for autonomous driving is made)) if the permission condition is not satisfied, (Pg. 3 – [0015] – “In case, the activation of the automated drive mode fails, the driver may then for example, recognize that the vehicle is getting slower, and by this, perceiving that the transition to the automated drive mode has not been successful” &See Also Pg. 3 – [0021] – “the safe assisted drive mode may be maintained for a predefined amount of time, or until receiving an interaction request of the driver.” (equates to if the permission condition is not satisfied, as the first quote shows the activation failing and the second quote showing the permission condition being that of time elapsing and thus the activation can fail base don not meeting the desired time setpoint.)) and the permission condition is satisfied when the transition suspension time elapses after the autonomous driving start request is received. (Pg. 5 col 8 lines 34-36 [0041] – “. The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & Also see Pg. 5 col 8 lines 45-46 [0042] – “at time t2, the activation request is successful and the automated drive mode AD is activated” (equates to and the permission condition is satisfied when the transition suspension time elapses after the autonomous driving start request is received as this quote show it elapsing before transitioning to the next drive mode.))
Yet Eriksson fails to teach determine, while the driving support control continues to be performed to a same effect, whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control; when the first control direction is consistent with the second control direction; when the first control direction is not consistent with the second control direction, wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction the first control direction is determined to be consistent with the second control direction, when the first longitudinal control direction is consistent with the second longitudinal control direction; wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation; continue the driving support control to the same effect.
Ishihara discloses a similar vehicle control system for automated driving (abstract). Ishihara teaches determine whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control (Pg. 1 – [0002] – “…automated cruise control under which a vehicle performs automated cruise, a vehicle control apparatus controls a steering apparatus based on information on, for example, a lane obtained by an in-vehicle camera such that a vehicle travelling path (path along which the vehicle is actually travelling) coincides with a target travelling path” (equates to determine whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control as the quote shows an automated cruise control which is equivalent to the driving support control described in this application, and the quote shows how a target direction (first direction) has to coincide with the actual direction (second direction) hence a consistency check is done between two target directions.)) when the first control direction is consistent with the second control direction; (Pg. 9 – [0066] – “Specifically, the sign of the travelling path curvature radius RA when the vehicle 1 turns to the right is made to coincide with the sign of the lane curvature radius RB when the constant "a" is a positive value” (equates to when the first control direction is consistent with the second control direction; as the quote shows the traveling path (second direction ) being made consistent with the lane curvature (first direction) and the quote shows the paths being made to align and how that effects their control equation.)) the first control direction is determined to be consistent with the second control direction, ((Pg. 9 – [0066] – “Specifically, the sign of the travelling path curvature radius RA when the vehicle 1 turns to the right is made to coincide with the sign of the lane curvature radius RB when the constant "a" is a positive value” (equates to when the first control direction is consistent with the second control direction; as the quote shows the traveling path (second direction ) being made consistent with the lane curvature (first direction) and the quote shows the paths being made to align and how that effects their control equation.))) when the first control direction is not consistent with the second control direction. (Pg. 5 – [0033] – “travelling path LY of the vehicle 1 does not coincide with the lane curvature radius RB of the center line LC of the lane,” (equates to when the first control direction is not consistent with the second control direction as the target direction is shown by the lane curvature and is equivalent to the first control direction and the traveling path is equivalent to the second control direction where the quote shows the paths not aligning.))
Yet Both fail to teach , while the driving support control continues to be performed to a same effect, wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction; wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation; continue the driving support control to the same effect.
Kojo teaches, while the driving support control continues to be performed to a same effect, (Pg. 10 – [0008] – “The controller is configured to continue the driving assistance control in a period from the requested timing to a timing when a predetermined termination condition is satisfied” & See Also Pg. 14 & 15 – [0072] – “period until an elapsed time Tep from the requested timing reaches a predetermined time threshold Tmth is a transition period during which the driving operation (steering control) makes transition from the LKA to the driver. In the transition period, the LKA is continued (that is, the driving assistance operation status is kept ON).” (equates to while the driving support control continues to be performed to a same effect as the quote shows the driving assistance control being continued to be performed until a termination condition is satisfied and the second quote shows lane keeping assist specifically being the driving support control that is continued while the transition suspension time is elapsing before the driving mode is changed.)) continue the driving support control to the same effect. (Pg. 10 – [0008] – “The controller is configured to continue the driving assistance control in a period from the requested timing to a timing when a predetermined termination condition is satisfied” & See Also Pg. 14 & 15 – [0072] – “period until an elapsed time Tep from the requested timing reaches a predetermined time threshold Tmth is a transition period during which the driving operation (steering control) makes transition from the LKA to the driver. In the transition period, the LKA is continued (that is, the driving assistance operation status is kept ON).” (equates to continue the driving support control to the same effect as the quote shows the driving assistance control being continued to be performed until a termination condition is satisfied and the second quote shows lane keeping assist specifically being the driving support control that is continued while the transition suspension time is elapsing before the driving mode is changed.))
Yet all fail to teach wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction. wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation;
Eade teaches wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, (Pg. 10 – Col. 1 – lines – 62 – 67 – “…including determining a first lateral velocity for the vehicle using one or more primary sensors in communication with the primary vehicle control system and using the determined first lateral velocity to 65 control the vehicle, determining a redundant, second lateral velocity using one or more additional sensors…” (equates to including wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction as the quote shows the first control direction being a first lateral velocity and the second lateral velocity being the second control direction.)) and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction. (Pg. 10 – Col. 1 – lines – 62 – 67 – “…including determining a first lateral velocity for the vehicle using one or more primary sensors in communication with the primary vehicle control system and using the determined first lateral velocity to 65 control the vehicle, determining a redundant, second lateral velocity using one or more additional sensors…” & See Also Pg. 19 – Col. 19 – lines 42 -50 – “Thus, based upon the images selected in block 358, block 360 attempts to correlate the images captured at the current and prior time steps, e.g., using image processing to detect a positional offset between distinctive features in the respective images. Block 362 determines whether the correlation was successful, and if so, passes control to block 364 to calculate and store the aforementioned lateral and/or longitudinal displacements and/or velocities in the manner described above” (equates to and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction as the first quote shows the determination between the consistency between first and second control directions wherein the second quote shows the directions captured via imaging from the different sensor systems to coincide within block 362 and then the information is stored in block 364 based on a successful coinciding between the two measurements taken.) )
Yet all fail to teach wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation;
Yamaoka teaches wherein the first time is a time varying depending on a type of the driving support control in operation, (Pg. 11 – [Col 6 lines 58-67] – “The timing start threshold value S,h is a driving operation threshold value that is set to determine the start point of the 60 operation time Top according to the magnitude of the driving operation value. Similar to the manual driving switching threshold value M,h, the timing start threshold value S,h is set for the steering angle, the steering torque, and the like of the vehicle which are driving operation values. 65 The timing start threshold value S,h may be a fixed value, or may be changed depending on the traveling status of the vehicle 100” (equates to wherein the first time is a time varying depending on a type of the driving support control in operation as the quote shows the driving mode being switched based on the operation time threshold wherein the time threshold is something that can be variably set based on the type of traveling done by the vehicle.)) is a time varying depending on the type of the driving support control in operation; (Pg. 11 – [Col 6 lines 58-67] – “The timing start threshold value S,h is a driving operation threshold value that is set to determine the start point of the 60 operation time Top according to the magnitude of the driving operation value. Similar to the manual driving switching threshold value M,h, the timing start threshold value S,h is set for the steering angle, the steering torque, and the like of the vehicle which are driving operation values. 65 The timing start threshold value S,h may be a fixed value, or may be changed depending on the traveling status of the vehicle 100” (equates to is a time varying depending on the type of the driving support control in operation; as the quote shows the driving mode being switched based on the operation time threshold wherein the time threshold is something that can be variably set based on the type of traveling done by the vehicle.)) It would have been an advantageous addition to the system disclosed by Eriksson-Ishihara-Kojo-Eade to include wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation as these limitations allow for the time to transition between the driving modes to change based on the initial driving mode the vehicle is within.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation; as this allows for a variably set transition time to be actualized by the vehicle based on the type of support control that is existing within the vehicle before it transitions.
Regarding Claim 5 Eriksson-Ishihara-Kojo-Eade-Yamaoka teaches the vehicle control system according to claim 1, (Eriksson discloses the following limitations:) wherein the one or more processors are further configured to change the transition suspension time to a third time (Pg. 5 col 8 lines 31-36 [0041] - “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11). The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms”(Equates to setting a third time as the request can fail (SEE FIG. 5) and the process to receive an autonomous driving request would start again and if successful (See FIG. 4 ) a new time is set before the autonomous driving mode of the vehicle is activated. )) when the first control direction becomes consistent with the second control direction after setting the second time as the transition suspension time and during operation of the driving support control, and the third time is shorter than the second time. (Pg. 5 col 8 lines 31-36 [0041] - “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11). The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & See Also Pg. 5 col 8 lines 45-49 [0042] In Figure 4, at time t2, the activation request is successful and the automated drive mode AD is activated. From the time t2 to the time t3 describes the transitioning from the safe assisted drive mode ADAS to the automated drive mode AD, (Equates to setting a third time that is shorter than the second time)).
Yet Eriksson-Kojo fails to specifically teach the vehicle control system determining whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control.
Ishihara discloses a similar vehicle control system for automated driving (abstract). Ishihara teaches when the first control direction becomes consistent with the second control direction; ([0002] – “…a vehicle control apparatus controls a steering apparatus based on information on, for example, a lane obtained by an in-vehicle camera such that a vehicle travelling path (path along which the vehicle is actually travelling) coincides with a target travelling path.…”). It would have been an advantageous addition to the system disclosed by Eriksson-Kojo to add information relating to the trajectory/target direction generated by the vehicle control system and the actual direction indicated by the vehicle during autonomous/driving support control functions to ensure both directions are in agreement before the driving support control is changed to autonomous driving mode.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the vehicle control system to collect information by both the trajectory/target direction and the actual direction taken by the vehicle to ensure the system is in agreement with itself before going into a fully autonomous mode to improve upon the uneasy feeling generated by the driver when they hand over control of their vehicle to a computer.
Regarding Claim 8 , Eriksson teaches a method for controlling a vehicle capable of autonomous driving (Pg.2 col 1 lines 5-9 [0001] – “The present invention relates to a method for transitioning a drive mode of a vehicle from an assisted drive mode to an automated drive mode, a drive control system for a vehicle and a vehicle”) , the method comprising: when an operation condition is satisfied, performing driving support control that controls at least one of steering, acceleration, and deceleration of the vehicle for improving travel safety of the vehicle or for stabilizing behavior of the vehicle during manual driving of the vehicle; (Pg. 3 col 3 lines 15-20 [0012] – “…the low support level may comprise a longitudinal braking assistance and active safety functionalities, preferably provided by an activated lane keeping assist and an activated collision prevention assist, and/or an activated deceleration function…” (equates to driving support control & at least one of deceleration) & see also Pg. 3 col 3 lines 26-29 [0013] – “…the low support level only provides assistance when it is detected that a collision might occur, such as keeping the vehicle in lane when the vehicle comes close to lane boundaries…” (equates to operation condition satisfaction & improving travel safety)) And when receiving an autonomous driving start request to start the autonomous driving during operation of the driving support control,; (Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11 )) as before the autonomous driving start request, ((Pg. 2 – [0006] – “receiving an activation request for activating an automated drive mode configured to control a driving of the vehicle autonomously; ” & See Also Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11).” (equates to as before the autonomous driving start request as the quotes show an autonomous driving request being received and a mode of travel being maintained until a request for autonomous driving is made))) in a case where the driving support control controls steering of the vehicle, (Pg. 2 – [0006] – “providing an assisted drive mode configured to support a driver controlling the vehicle at a medium support level” ) and in a case where the driving support control controls acceleration or deceleration of the vehicle, (Pg. 3 col 3 lines 15-20 [0012] – “…the low support level may comprise a longitudinal braking assistance and active safety functionalities, preferably provided by an activated lane keeping assist and an activated collision prevention assist, and/or an activated deceleration function…” (equates to and in a case where the driving support control controls acceleration or deceleration of the vehicle as the braking is controlled)) setting a first time as a transition suspension time (Pg. 11 – Fig. 4 – t1 to t2 & See Also Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11 ). The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms, describes the transitioning from the assisted drive mode AS to the safe assisted drive mode ADAS” (equates to set a first time as a transition suspension time as the art shows a suspension time from activating the automated drive mode from the assisted drive mode as provided. ) ) setting a second time as the transition suspension time, wherein the second time is longer than the first time; (Pg. 6 – [0043] – “activation request failed, the safe assisted drive mode ADAS is maintained beyond the time t2 and the second in-lane target area boundaries L2, R2 of the lateral lane control LLC are maintained” (equates to set a second time as the transition suspension time, wherein the second time is longer than the first time; as the quote shows how the request fails and a time different from the first time is set as the time extends past the t2 marker (as seen in figure 5) and the time is made to go past the successful activation time as these case is dealing with an unsuccessful transition into automated driving mode.)) and permitting starting the autonomous driving only ( Pg. 5 col 7 lines 30-33 [0037] – “If the activation request is successful (YES in 30 Figure 2), the support level SL is increased from the safe assisted drive mode ADAS to the automated drive mode…” & See Pg. 5 col 8 lines 34-36 [0041] – “. The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & Also see Pg. 5 col 8 lines 45-46 [0042] – “at time t2, the activation request is successful and the automated drive mode AD is activated” (equates to and permitting starting the autonomous driving only as the request is seen in the quote that transitions the vehicle from the assisted mode to the autonomous mode and the quote also shows the time elapsing before the mode is activated.)). if a permission condition is satisfied, (Pg. 5 col 8 lines 34-36 [0041] – “. The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & Also see Pg. 5 col 8 lines 45-46 [0042] – “at time t2, the activation request is successful and the automated drive mode AD is activated” (equates to if a permission condition is satisfied as the transition suspension time between driving modes can be the condition as this quote show it elapsing before transitioning to the next drive mode.)) as before the autonomous driving start request, (Pg. 2 – [0006] – “receiving an activation request for activating an automated drive mode configured to control a driving of the vehicle autonomously; ” & See Also Pg. 5 – [0041] – “The assisted drive mode AS is maintained until an activation request for activating the automated drive mode AD is received (time 11).” (equates to as before the autonomous driving start request as the quotes show an autonomous driving request being received and a mode of travel being maintained until a request for autonomous driving is made)) if the permission condition is not satisfied, (Pg. 3 – [0015] – “In case, the activation of the automated drive mode fails, the driver may then for example, recognize that the vehicle is getting slower, and by this, perceiving that the transition to the automated drive mode has not been successful” &See Also Pg. 3 – [0021] – “the safe assisted drive mode may be maintained for a predefined amount of time, or until receiving an interaction request of the driver.” (equates to if the permission condition is not satisfied, as the first quote shows the activation failing and the second quote showing the permission condition being that of time elapsing and thus the activation can fail base don not meeting the desired time setpoint.)) and the permission condition is satisfied when the transition suspension time elapses after the autonomous driving start request is received. (Pg. 5 col 8 lines 34-36 [0041] – “. The interval from t1 to t2, the interval may preferably be between 300 ms and 3 s, more preferably between 300 ms and 1,5 s or between 300 ms and 700 ms” & Also see Pg. 5 col 8 lines 45-46 [0042] – “at time t2, the activation request is successful and the automated drive mode AD is activated” (equates to and the permission condition is satisfied when the transition suspension time elapses after the autonomous driving start request is received as this quote show it elapsing before transitioning to the next drive mode.))
Yet Eriksson fails to teach determining, while the driving support control continues to be performed to a same effect, wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction. whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control; when the first control direction is consistent with the second control direction; when the first control direction is not consistent with the second control direction; when the first control direction is not consistent with the second control direction, wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation; continuing the driving support control to the same effect.
Ishihara discloses a similar vehicle control system for automated driving (abstract). Ishihara teaches determining whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control (Pg. 1 – [0002] – “…automated cruise control under which a vehicle performs automated cruise, a vehicle control apparatus controls a steering apparatus based on information on, for example, a lane obtained by an in-vehicle camera such that a vehicle travelling path (path along which the vehicle is actually travelling) coincides with a target travelling path” (equates to determine whether or not a first control direction for the autonomous driving is consistent with a second control direction for the driving support control as the quote shows an automated cruise control which is equivalent to the driving support control described in this application, and the quote shows how a target direction (first direction) has to coincide with the actual direction (second direction) hence a consistency check is done between two target directions.)) when the first control direction is consistent with the second control direction; (Pg. 9 – [0066] – “Specifically, the sign of the travelling path curvature radius RA when the vehicle 1 turns to the right is made to coincide with the sign of the lane curvature radius RB when the constant "a" is a positive value” (equates to when the first control direction is consistent with the second control direction; as the quote shows the traveling path (second direction ) being made consistent with the lane curvature (first direction) and the quote shows the paths being made to align and how that effects their control equation.)) when the first control direction is not consistent with the second control direction. (Pg. 5 – [0033] – “travelling path LY of the vehicle 1 does not coincide with the lane curvature radius RB of the center line LC of the lane,” (equates to when the first control direction is not consistent with the second control direction as the target direction is shown by the lane curvature and is equivalent to the first control direction and the traveling path is equivalent to the second control direction where the quote shows the paths not aligning.)) when the first control direction is not consistent with the second control direction. (Pg. 5 – [0033] – “travelling path LY of the vehicle 1 does not coincide with the lane curvature radius RB of the center line LC of the lane,” (equates to when the first control direction is not consistent with the second control direction as the target direction is shown by the lane curvature and is equivalent to the first control direction and the traveling path is equivalent to the second control direction where the quote shows the paths not aligning.))
Yet both fail to teach while the driving support control continues to be performed to a same effect, wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction. wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation; continuing the driving support control to the same effect.
Kojo teaches, while the driving support control continues to be performed to a same effect, (Pg. 10 – [0008] – “The controller is configured to continue the driving assistance control in a period from the requested timing to a timing when a predetermined termination condition is satisfied” & See Also Pg. 14 & 15 – [0072] – “period until an elapsed time Tep from the requested timing reaches a predetermined time threshold Tmth is a transition period during which the driving operation (steering control) makes transition from the LKA to the driver. In the transition period, the LKA is continued (that is, the driving assistance operation status is kept ON).” (equates to while the driving support control continues to be performed to a same effect as the quote shows the driving assistance control being continued to be performed until a termination condition is satisfied and the second quote shows lane keeping assist specifically being the driving support control that is continued while the transition suspension time is elapsing before the driving mode is changed.)) continuing the driving support control to the same effect.. (Pg. 10 – [0008] – “The controller is configured to continue the driving assistance control in a period from the requested timing to a timing when a predetermined termination condition is satisfied” & See Also Pg. 14 & 15 – [0072] – “period until an elapsed time Tep from the requested timing reaches a predetermined time threshold Tmth is a transition period during which the driving operation (steering control) makes transition from the LKA to the driver. In the transition period, the LKA is continued (that is, the driving assistance operation status is kept ON).” (equates to continuing the driving support control to the same effect as the quote shows the driving assistance control being continued to be performed until a termination condition is satisfied and the second quote shows lane keeping assist specifically being the driving support control that is continued while the transition suspension time is elapsing before the driving mode is changed.))
Yet all fail to teach wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction. wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation;
Eade teaches wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction, (Pg. 10 – Col. 1 – lines – 62 – 67 – “…including determining a first lateral velocity for the vehicle using one or more primary sensors in communication with the primary vehicle control system and using the determined first lateral velocity to 65 control the vehicle, determining a redundant, second lateral velocity using one or more additional sensors…” (equates to including wherein the first control direction includes at least one of a first lateral control direction or a first longitudinal control direction, and the second control direction includes at least one of a second lateral control direction or a second longitudinal control direction as the quote shows the first control direction being a first lateral velocity and the second lateral velocity being the second control direction.)) and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction. (Pg. 10 – Col. 1 – lines – 62 – 67 – “…including determining a first lateral velocity for the vehicle using one or more primary sensors in communication with the primary vehicle control system and using the determined first lateral velocity to 65 control the vehicle, determining a redundant, second lateral velocity using one or more additional sensors…” & See Also Pg. 19 – Col. 19 – lines 42 -50 – “Thus, based upon the images selected in block 358, block 360 attempts to correlate the images captured at the current and prior time steps, e.g., using image processing to detect a positional offset between distinctive features in the respective images. Block 362 determines whether the correlation was successful, and if so, passes control to block 364 to calculate and store the aforementioned lateral and/or longitudinal displacements and/or velocities in the manner described above” (equates to and wherein, the first control direction is determined to be consistent with the second control direction when the first lateral control direction is consistent with the second lateral control direction or when the first longitudinal control direction is consistent with the second longitudinal control direction as the first quote shows the determination between the consistency between first and second control directions wherein the second quote shows the directions captured via imaging from the different sensor systems to coincide within block 362 and then the information is stored in block 364 based on a successful coinciding between the two measurements taken.) )
Yet all fail to teach wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation;
Yamaoka teaches wherein the first time is a time varying depending on a type of the driving support control in operation, (Pg. 11 – [Col 6 lines 58-67] – “The timing start threshold value S,h is a driving operation threshold value that is set to determine the start point of the 60 operation time Top according to the magnitude of the driving operation value. Similar to the manual driving switching threshold value M,h, the timing start threshold value S,h is set for the steering angle, the steering torque, and the like of the vehicle which are driving operation values. 65 The timing start threshold value S,h may be a fixed value, or may be changed depending on the traveling status of the vehicle 100” (equates to wherein the first time is a time varying depending on a type of the driving support control in operation as the quote shows the driving mode being switched based on the operation time threshold wherein the time threshold is something that can be variably set based on the type of traveling done by the vehicle.)) is a time varying depending on the type of the driving support control in operation; (Pg. 11 – [Col 6 lines 58-67] – “The timing start threshold value S,h is a driving operation threshold value that is set to determine the start point of the 60 operation time Top according to the magnitude of the driving operation value. Similar to the manual driving switching threshold value M,h, the timing start threshold value S,h is set for the steering angle, the steering torque, and the like of the vehicle which are driving operation values. 65 The timing start threshold value S,h may be a fixed value, or may be changed depending on the traveling status of the vehicle 100” (equates to is a time varying depending on the type of the driving support control in operation; as the quote shows the driving mode being switched based on the operation time threshold wherein the time threshold is something that can be variably set based on the type of traveling done by the vehicle.)) It would have been an advantageous addition to the system disclosed by Eriksson-Ishihara-Kojo-Eade to include wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation as these limitations allow for the time to transition between the driving modes to change based on the initial driving mode the vehicle is within.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein the first time is a time varying depending on a type of the driving support control in operation, is a time varying depending on the type of the driving support control in operation; as this allows for a variably set transition time to be actualized by the vehicle based on the type of support control that is existing within the vehicle before it transitions.
Response to Arguments
Regarding the argument provided for the 35 U.S.C. § 103 rejection of claims 7, the applicant’s arguments have been considered but are not persuasive.
Applicant argues on pages 2-5 – “As discussed in Applicant's specification at [0004], the claimed invention addresses the problem encountered when the autonomous driving function outputs an autonomous driving start request to start the autonomous driving after driving support control starts to operate during manual driving of the vehicle or the like. In this case, if the autonomous driving start request is received and the autonomous driving is started unexceptionally, a control amount output by the driving support control function is not reflected in behavior of the vehicle, and there is a possibility that the occupant feels uncomfortable. As discussed at [0006], when receiving an autonomous driving start request to start the autonomous driving during operation of the driving support control, Applicant's system and method unexceptionally prohibits starting the autonomous driving or permits starting the autonomous driving only when a permission condition is satisfied.
Eriksson relates to a method for transitioning a drive mode of a vehicle from an assisted drive mode to an automated drive mode. [0001]. The method provides kinematic feedback to the driver during the transition by reducing a support level to a safe assisted drive mode (with a first kinematic feedback of "slackening"), and if the activation request is successful, increasing the support level to the automated drive mode (with a second kinematic feedback of "sharpening"), or if the activation request fails, maintaining the safe assisted drive mode. [0006]-[0009].
At pages 3-4 of the Office Action, the Examiner maps the claimed "first time" to the interval from tl to t2 in Eriksson, which "describes the transitioning from the assisted drive mode AS to the safe assisted drive mode ADAS." The Examiner then maps the "second time" to Eriksson, where "activation request failed, the safe assisted drive mode ADAS is maintained beyond the time t2."7
In the claimed invention, the first time and second time are both transition suspension
times that are set based on whether the first control direction is consistent with the second control direction. In Eriksson, the tl-to-t2 interval is a fixed transition period that always occurs, and the extension beyond t2 is simply the result of a failed activation request. It is not a deliberately set different time based on comparing control directions. In Eriksson, "at the time t2, the activation request for activating the automated drive mode AD fails and thus, the automated drive mode AD is not activated. After the activation request failed, the safe assisted drive mode ADAS is maintained beyond the time t2." [0043]. The "second time" in Eriksson is not a predetermined time that is set, as its merely an indefinite continuation because the activation failed.
Also, Eriksson also does not teach that transition suspension times vary depending on the type of driving support control in operation. In Eriksson, the tl-to-t2 interval is a ramp-down period (reducing support), not a suspension of the transition to autonomous driving. The system does not set different times based on comparing control directions since the same tl- to-t2 interval always applies. The "second time" the Examiner relies on (maintaining beyond t2 after failure) is not a deliberately set transition suspension time; it is simply the indefinite result of a failed activation request. The claimed "transition suspension time" is a deliberately set period during which autonomous driving is prohibited from starting while driving support control continues. Eriksson's tl-to-t2 interval serves a completely different purpose-it is the period during which the system actively reduces the level of assistance to give the driver kinematic feedback.
The Office Action relies on Kojo for teaching that driving support control continues to be performed during a transition. See Office Action, pages 7-8. Kojo discloses a vehicle control system that executes driving assistance control (LKA) and, when a driving switching request is made to turn the driving assistance OFF, sets a target traveling line displaced from the lane center to prompt the driver to take over steering. See Kojo, Abstract. During a transition period from the requested timing until a predetermined time threshold elapses, the LKA is continued (the driving assistance operation status is kept ON), and the system determines whether the driver has come into a drivable state by detecting steering torque. See Kojo, [0072].
Kojo's transition is from driving assistance (LKA) to manual driving-i.e., the driver takes over control. This is the opposite direction from the claimed invention, which addresses the scenario where autonomous driving is requested during operation of driving support control.
The Office Action relies on Ishihara for teaching the comparison of control directions. See Office Action, page 6. However, Ishihara compares a travelling path curvature radius with a lane curvature radius-both relating to the same automated cruise control to determine whether to start automated cruise control. See Ishihara, [0002], [0017]. Ishihara does not compare a first control direction for autonomous driving with a second control direction for driving support control. Furthermore, Ishihara does not teach setting a transition suspension time, let alone one that varies depending on the type of driving support control.
The Examiner has relied on Eade for teaching the lateral and longitudinal control direction features. See Office Action, pages 5-6. Eade discloses "determining a first lateral velocity for the vehicle using one or more primary sensors in communication with the primary vehicle control system and using the determined first lateral velocity to control the vehicle, determining a redundant, second lateral velocity using one or more additional sensors." See Eade, column 10, lines 62-67. Eade's "first lateral velocity" and "second lateral velocity" are redundant measurements of the same vehicle parameter obtained from different sensors for9 backup purposes. This is different from the claimed comparison between a first control direction for autonomous driving and a second control direction for driving support control. Eade does not teach determining consistency between control directions based on the type of driving support control being performed (i.e., steering versus acceleration or deceleration).
Furthermore, none of the cited references, alone or in combination, teach or suggest the claimed integrated approach where the type of driving support control dictates both (a) which control direction (lateral or longitudinal) is compared for consistency, based on whether the driving support control controls steering versus acceleration or deceleration, and (b) the duration of the transition suspension time. The claimed invention provides a unified, integrated solution where the type of driving support control in operation-whether it controls steering, acceleration, or deceleration-determines which control direction (lateral or longitudinal) is used for the consistency check, and also determines the duration of the transition suspension time (both the first time and the second time). This is not an obvious optimization; it is a specific technical solution that addresses the problem of reducing occupant discomfort by ensuring the transition to autonomous driving is appropriately tailored to the particular driving support control that is operating.
Different driving support controls have different characteristics and durations. The claimed invention recognizes that both the consistency determination and the transition timing should be tailored to the specific type of driving support control being performed. None of the cited references recognize this relationship between the type of driving support control and these two interrelated parameters.
For at least the foregoing reasons, a person of ordinary skill in the art would not have been motivated to modify Eriksson to reach the claimed subject matter based on the teachings of
Kojo, Ishihara and Eade. As such, amended claim 1 is not rendered obvious by the cited references.
Claim 5 depends from claim 1 and is allowable for at least the same reasons as claim 1. Independent claim 8 is amended to recite similar features as claim 1 and is allowable for similar reasons.– Applicant’s arguments with respect to claims 1, 5, and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0171035 Al - Then, the vehicle control apparatus receives perceived information acquired from an external world perception portion, determines a situation of a running road lying ahead of the vehicle based on this perceived information, determines a steering instruction for steering the vehicle based on the situation of the running road, determines a braking/driving instruction for braking/ driving the vehicle based on the situation of the running road,.
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/R.A.W./Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
8/20/26
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