DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This office action is in response to application number 18/506,691 filed on 11/10/2023,
and the amendments and arguments filed on 05/22/2026.
Claims 1, 4-5, and 14-15 have been amended.
No claims have been added.
Claims 3 and 9 have been cancelled.
Claims 1-2, 4-8, and 10-15 are currently pending and have been examined.
Priority
3. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C 119
(a)-(d). The certified copy has been filed in parent Application No.DE102022212711.0, filed on
11/28/2022.
Response to Amendment
4. Applicant' s amendments to the Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed 12/23/2025. Applicants arguments, see page 7-12 filed on 05/22/2026, with respect to the rejection(s) of claim(s) 1-8 and 10-15 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. A new grounds for rejection is made under 35 USC 103 as necessitated by amendment over Düser (US 20200346659 A1) in view of Takahara ( JP 2009009298 A) further in view of Pilutti (US 20170282917 A1) further in view of Wang (US 20050171674 A1) and further in view of Stenneth (US 9189897 B1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. Claim(s) 1-2, 4-5, 10, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20200346659 A1) to Düser et al. (hereinafter Düser) in view of Takahara (JP 2009009298 A).
Regarding claim 1, Düser discloses A method for adjusting an automatic speed control of a vehicle, comprising the following steps: (Düser Paragraph 0013: “A first aspect of the invention relates to a method for generating a dynamic speed profile of a motor vehicle which is suitable for simulating in particular actual vehicle operation on a route and/or is suitable for setting target speeds for driver assistance systems,”) (Düser Paragraph 0172: “This indicates the route which the driver assistance system, in particular an adaptive cruise control (ACC), will most likely select when guiding the vehicle.”) receiving environment sensor data of at least one environment sensor of the vehicle and/or map data of a map representation representing an environment of the vehicle; (Düser Paragraph 0027: “This route can be determined in a digital map on the basis of a route previously traveled by a motor vehicle or can also be established by a user using a digital map.”) based on the environment sensor data and/or the map data, determining a speed limit for a roadway being driven by the vehicle; (Düser Paragraph 0022: “A digital map in the sense of the invention is a collection of data associated with geodata, wherein the data at least comprises information on any legally mandated speed limits relative to the geodata. A digital map can in particular be a database. Preferably, a digital map comprises further information relative to roads.”) using the automatic cruise speed control, regulating a vehicle speed to a speed value corresponding to the speed limit; (Düser Paragraph 0073: “In this case, the speed profile generated is particularly well suited to specifying target speeds for driver assistance systems, in particular for predictive driving functions, since each route segment can be allocated a target speed.”) (Düser Paragraphs 0173: “This route-based dynamic speed profile specifies a target speed for each route segment. Preferably, this target speed then serves as the initial speed for a cruise control of the driver assistance system.”) based on the environment sensor data and/or based on the map data, identifying a marked stretch of roadway of the roadway being driven by the vehicle; (Düser Paragraph 0016: “means for determining a route-based statistical speed profile for the route resolved into route segments based on information from a digital map;”) and adjusting the vehicle speed regulated by the automatic speed control to a predefined vehicle speed stored in speed information for driving over the marked stretch of roadway, wherein: (Düser Paragraph 0037: “In a further advantageous embodiment of the inventive method, upon the occurrence of speed jumps in the static speed profile, ensuing from a mandatory speed minimum, the applied speed in the preceding route segments is determined for the dynamized speed profile based on the respective speed applied in the following segment and a defined standard target deceleration, in particular a maximum target deceleration, until the speed applied in one of the preceding route segments reaches the value of the speed profile in said route segment.”) (Düser Paragraph 0102: “Such a route-based static speed profile for the course of a route in a digital map is depicted in FIG. 2. As is evident from the speed profile, changes in speed, for example due to a change in the legal speed limit or a required stop at a traffic signal system, are realized by speed jumps. Moreover, two different traffic scenarios are factored into the static speed profile in the hatched areas.”) (Düser Paragraph 0173: “Accordingly, the method also determines a route-based dynamic speed profile resolved into route segments for the route R. This route-based dynamic speed profile specifies a target speed for each route segment. Preferably, this target speed then serves as the initial speed for a cruise control of the driver assistance system.”) the speed information includes a speed value and/or a percentage speed change value the speed value corresponds to a speed at which the vehicle speed regulated by the automatic speed control is adjusted by an active intervention by a driver of the vehicle during a preceding driving over the marked stretch of roadway; (Düser Paragraph 0016: “determining a route-based dynamized speed profile on the basis of the route-based static speed profile which factors in a defined maximum target deceleration to reach mandatory speed minima of the speed profile;”) (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) (Düser Paragraph 0170: “In another exemplary embodiment, the dynamic speed profile serves to guide a motor vehicle via a driver assistance system, in particular for predictive driving functions.”) the percentage speed change value corresponds to a change in speed to adjust the vehicle speed regulated by the automatic speed control through the active intervention of the driver of the vehicle during the preceding driving over the marked stretch of roadway; (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”) and in adjusting the vehicle speed, the vehicle speed is adjusted to the speed value and/or by the percentage speed change value in the speed information; (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”) […] the active intervention in the automatic speed control by the driver of the vehicle (Düser Paragraph 0016: “determining a route-based dynamized speed profile on the basis of the route-based static speed profile which factors in a defined maximum target deceleration to reach mandatory speed minima of the speed profile;”) (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) (Düser Paragraph 0170: “In another exemplary embodiment, the dynamic speed profile serves to guide a motor vehicle via a driver assistance system, in particular for predictive driving functions.”)
Düser does not disclose […] and the speed information is stored only when […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver.
However, Takahara teaches […] and the speed information is stored only when […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver. (Takahara Page 9, Paragraph 4: “Furthermore, you may employ | adopt the structure which utilizes operation information, such as vehicle speed information, for driving assistance. That is, if the vehicle speed information 30b is accumulated in the host vehicle, the driving pattern of the driver when driving each link can be specified. Therefore, by referring to the vehicle speed information 30b, it is possible to perform guidance such as acceleration / deceleration or alerting according to the travel pattern. Needless to say, driving assistance such as shifting the automatic transmission, performing control using a brake or an accelerator, controlling the suspension, and changing the control timing of the skid prevention device may be performed. It is also possible to perform control such as advance or delay the timing of starting control for pre-crash safety, or shorten or lengthen the time during which auto-cruise control is performed.”) (Takahara Page 10, Paragraph 1: “Furthermore, in addition to the presence of the feature corresponding to the stop position of the vehicle, a configuration in which invalidation processing of data is performed in consideration of other information may be employed. For example, in a configuration for acquiring vehicle speed information for energy management, a configuration in which traffic congestion information and construction information on a road on which a vehicle is traveling is acquired, and vehicle speed information is not accumulated when the road is in a traffic congestion state or under construction By doing so, it is possible to obtain accurate vehicle speed information without being affected by sudden traffic jams or construction. In addition, when acquiring vehicle speed information at an information storage center or the like, a condition for excluding vehicle speed information during traffic jams or construction from information acquisition targets is set in advance, and vehicle speed information is not acquired when this condition is met. It is good also as a structure.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Düser to include […] and the speed information is stored only when […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver taught by Takahara. This would have been for the benefit provide an operation information acquisition to acquire stop location information showing the stop location of a vehicle, to acquire map information from a prescribed storage medium, and to detect a planimetric feature corresponding to a stop location based on the map information, and to acquire operation information indicating the operation of the vehicle. When the planimetric feature corresponding to the stop location is detected, the operation information in a section excluding a prescribed section in which the stop location is included is acquired. [Takahara Page 2, Paragraph 2]
Regarding claim 2, Düser discloses The method according to claim 1, wherein the marked stretch of roadway of the roadway includes a curve, or an uphill gradient, or a downhill gradient, or a tunnel entrance, or a tunnel exit, or a bridge underpass, or a school area. (Düser Paragraph 0101: “The individual route segments are thereby preferably assigned a curvature, a slope, a speed value based on legal speed limits and, if applicable, the traffic volume and any traffic signal stopping points.”)
Regarding claim 4, Düser discloses The method according to claim 1, wherein the speed information was detected and stored during at least one journey of the vehicle made earlier in time. (Düser Paragraph 0037: “In a further advantageous embodiment of the inventive method, upon the occurrence of speed jumps in the static speed profile, ensuing from a mandatory speed minimum, the applied speed in the preceding route segments is determined for the dynamized speed profile based on the respective speed applied in the following segment and a defined standard target deceleration, in particular a maximum target deceleration, until the speed applied in one of the preceding route segments reaches the value of the speed profile in said route segment.”)
Regarding claim 5, Düser discloses The method according to claim 1, wherein the active intervention in the automatic speed control by the driver includes: operating a brake of the vehicle, or reducing a setpoint speed of the automatic speed control, or switching off the automatic speed control. (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment.”)
Regarding claim 10, Düser discloses The method according to claim 1, wherein the speed information is stored as partial information in a driver profile, wherein the driver profile includes a plurality of items of speed information for a plurality of marked stretches of roadway of a plurality of roadways, wherein the speed information in the driver profile is based on active interventions in the automatic speed control by the driver during earlier journeys. (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”) (Düser Paragraph 0073: “In this case, the speed profile generated is particularly well suited to specifying target speeds for driver assistance systems, in particular for predictive driving functions, since each route segment can be allocated a target speed.”) (Düser Paragraphs 0155: “Driver parameters of the driver model are preferably the maximum target acceleration, a standard target deceleration, a maximum jerk; i.e. a maximum acceleration change per unit time, a driver-specific maximum speed and a value for parameter α, which characterizes the permissible cornering speed. These parameters are generally easy to research such that it is particularly simple to parameterize an inventive dynamic speed profile.”)
Regarding claim 14, Düser discloses A computing unit configured to adjust an automatic speed control of a vehicle, the computing unit comprising a processor configured to: (Düser Paragraph 0013: “A first aspect of the invention relates to a method for generating a dynamic speed profile of a motor vehicle which is suitable for simulating in particular actual vehicle operation on a route and/or is suitable for setting target speeds for driver assistance systems,”) (Düser Paragraph 0172: “This indicates the route which the driver assistance system, in particular an adaptive cruise control (ACC), will most likely select when guiding the vehicle.”) (Düser Paragraph 0080: “The inventive methods are in particular computer-aided or in particular realized with computer assistance.”) receive environment sensor data of at least one environment sensor of the vehicle and/or map data of a map representation representing an environment of the vehicle; (Düser Paragraph 0027: “This route can be determined in a digital map on the basis of a route previously traveled by a motor vehicle or can also be established by a user using a digital map.”) based on the environment sensor data and/or the map data, determine a speed limit for a roadway being driven by the vehicle; (Düser Paragraph 0022: “A digital map in the sense of the invention is a collection of data associated with geodata, wherein the data at least comprises information on any legally mandated speed limits relative to the geodata. A digital map can in particular be a database. Preferably, a digital map comprises further information relative to roads.”) using the automatic speed control, regulate a vehicle speed to a speed value corresponding to the speed limit; (Düser Paragraph 0073: “In this case, the speed profile generated is particularly well suited to specifying target speeds for driver assistance systems, in particular for predictive driving functions, since each route segment can be allocated a target speed.”) (Düser Paragraphs 0173: “This route-based dynamic speed profile specifies a target speed for each route segment. Preferably, this target speed then serves as the initial speed for a cruise control of the driver assistance system.”) based on the environment sensor data and/or based on the map data, identify a marked stretch of roadway of the roadway being driven by the vehicle; (Düser Paragraph 0016: “means for determining a route-based statistical speed profile for the route resolved into route segments based on information from a digital map;”) and adjust the vehicle speed regulated by the automatic speed control to a predefined vehicle speed stored in speed information for driving over the marked stretch of roadway, wherein: (Düser Paragraph 0037: “In a further advantageous embodiment of the inventive method, upon the occurrence of speed jumps in the static speed profile, ensuing from a mandatory speed minimum, the applied speed in the preceding route segments is determined for the dynamized speed profile based on the respective speed applied in the following segment and a defined standard target deceleration, in particular a maximum target deceleration, until the speed applied in one of the preceding route segments reaches the value of the speed profile in said route segment.”) (Düser Paragraph 0102: “Such a route-based static speed profile for the course of a route in a digital map is depicted in FIG. 2. As is evident from the speed profile, changes in speed, for example due to a change in the legal speed limit or a required stop at a traffic signal system, are realized by speed jumps. Moreover, two different traffic scenarios are factored into the static speed profile in the hatched areas.”) (Düser Paragraph 0173: “Accordingly, the method also determines a route-based dynamic speed profile resolved into route segments for the route R. This route-based dynamic speed profile specifies a target speed for each route segment. Preferably, this target speed then serves as the initial speed for a cruise control of the driver assistance system.”) the speed information includes a speed value and/or a percentage speed change value; the speed value corresponds to a speed at which the vehicle speed regulated by the automatic speed control is adjusted by an active intervention by a driver of the vehicle during a preceding driving over the corresponding marked stretch of roadway; (Düser Paragraph 0016: “determining a route-based dynamized speed profile on the basis of the route-based static speed profile which factors in a defined maximum target deceleration to reach mandatory speed minima of the speed profile;”) (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) (Düser Paragraph 0170: “In another exemplary embodiment, the dynamic speed profile serves to guide a motor vehicle via a driver assistance system, in particular for predictive driving functions.”) the percentage speed change value corresponds to a change in speed, to adjust the vehicle speed regulated by the automatic speed control through the active intervention of the driver of the vehicle during the preceding driving over the corresponding marked stretch of roadway; (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”) and in adjusting the vehicle speed, the vehicle speed is adjusted to the speed value and/or by the percentage speed change value in the speed information; (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”) […] when the active intervention in the automatic speed control by the driver of the vehicle (Düser Paragraph 0016: “determining a route-based dynamized speed profile on the basis of the route-based static speed profile which factors in a defined maximum target deceleration to reach mandatory speed minima of the speed profile;”) (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) (Düser Paragraph 0170: “In another exemplary embodiment, the dynamic speed profile serves to guide a motor vehicle via a driver assistance system, in particular for predictive driving functions.”)
Düser does not disclose […] and the speed information is stored only […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver.
However, Takahara teaches […] and the speed information is stored only […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver. (Takahara Page 9, Paragraph 4: “Furthermore, you may employ | adopt the structure which utilizes operation information, such as vehicle speed information, for driving assistance. That is, if the vehicle speed information 30b is accumulated in the host vehicle, the driving pattern of the driver when driving each link can be specified. Therefore, by referring to the vehicle speed information 30b, it is possible to perform guidance such as acceleration / deceleration or alerting according to the travel pattern. Needless to say, driving assistance such as shifting the automatic transmission, performing control using a brake or an accelerator, controlling the suspension, and changing the control timing of the skid prevention device may be performed. It is also possible to perform control such as advance or delay the timing of starting control for pre-crash safety, or shorten or lengthen the time during which auto-cruise control is performed.”) (Takahara Page 10, Paragraph 1: “Furthermore, in addition to the presence of the feature corresponding to the stop position of the vehicle, a configuration in which invalidation processing of data is performed in consideration of other information may be employed. For example, in a configuration for acquiring vehicle speed information for energy management, a configuration in which traffic congestion information and construction information on a road on which a vehicle is traveling is acquired, and vehicle speed information is not accumulated when the road is in a traffic congestion state or under construction By doing so, it is possible to obtain accurate vehicle speed information without being affected by sudden traffic jams or construction. In addition, when acquiring vehicle speed information at an information storage center or the like, a condition for excluding vehicle speed information during traffic jams or construction from information acquisition targets is set in advance, and vehicle speed information is not acquired when this condition is met. It is good also as a structure.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Düser to include […] and the speed information is stored only […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver taught by Takahara. This would have been for the benefit provide an operation information acquisition to acquire stop location information showing the stop location of a vehicle, to acquire map information from a prescribed storage medium, and to detect a planimetric feature corresponding to a stop location based on the map information, and to acquire operation information indicating the operation of the vehicle. When the planimetric feature corresponding to the stop location is detected, the operation information in a section excluding a prescribed section in which the stop location is included is acquired. [Takahara Page 2, Paragraph 2]
Regarding claim 15, Düser discloses A non-transitory computer-readable storage medium on which is stored a computer program including commands for adjusting an automatic speed control of a vehicle, the commands, when executed by a data processing unit, causing the data processing unit to perform the following steps: (Düser Paragraph 0013: “A first aspect of the invention relates to a method for generating a dynamic speed profile of a motor vehicle which is suitable for simulating in particular actual vehicle operation on a route and/or is suitable for setting target speeds for driver assistance systems,”) (Düser Paragraph 0015: “A second and third aspect of the invention relate to a corresponding computer program and a machine-readable medium.”) (Düser Paragraph 0025: “A means in the sense of the invention can be designed as hardware and/or software and particularly comprises a processing unit, in particular digital, particularly a micro-processor unit (CPU), preferably data/signal-connected to a memory and/or bus system, and/or one or more programs or program modules.”) (Düser Paragraph 0172: “This indicates the route which the driver assistance system, in particular an adaptive cruise control (ACC), will most likely select when guiding the vehicle.”) receiving environment sensor data of at least one environment sensor of the vehicle and/or map data of a map representation representing an environment of the vehicle; (Düser Paragraph 0027: “This route can be determined in a digital map on the basis of a route previously traveled by a motor vehicle or can also be established by a user using a digital map.”)
based on the environment sensor data and/or the map data, determining a speed limit for a roadway being driven by the vehicle; (Düser Paragraph 0022: “A digital map in the sense of the invention is a collection of data associated with geodata, wherein the data at least comprises information on any legally mandated speed limits relative to the geodata. A digital map can in particular be a database. Preferably, a digital map comprises further information relative to roads.”)
using the automatic speed control, regulating a vehicle speed to a speed value corresponding to the speed limit; (Düser Paragraph 0073: “In this case, the speed profile generated is particularly well suited to specifying target speeds for driver assistance systems, in particular for predictive driving functions, since each route segment can be allocated a target speed.”) (Düser Paragraphs 0173: “This route-based dynamic speed profile specifies a target speed for each route segment. Preferably, this target speed then serves as the initial speed for a cruise control of the driver assistance system.”)
based on the environment sensor data and/or based on the map data, identifying a marked stretch of roadway of the roadway being driven by the vehicle; (Düser Paragraph 0016: “means for determining a route-based statistical speed profile for the route resolved into route segments based on information from a digital map;”)
and adjusting the vehicle speed regulated by the automatic speed control to a predefined vehicle speed stored in speed information for driving over the marked stretch of roadway, wherein: (Düser Paragraph 0037: “In a further advantageous embodiment of the inventive method, upon the occurrence of speed jumps in the static speed profile, ensuing from a mandatory speed minimum, the applied speed in the preceding route segments is determined for the dynamized speed profile based on the respective speed applied in the following segment and a defined standard target deceleration, in particular a maximum target deceleration, until the speed applied in one of the preceding route segments reaches the value of the speed profile in said route segment.”) (Düser Paragraph 0102: “Such a route-based static speed profile for the course of a route in a digital map is depicted in FIG. 2. As is evident from the speed profile, changes in speed, for example due to a change in the legal speed limit or a required stop at a traffic signal system, are realized by speed jumps. Moreover, two different traffic scenarios are factored into the static speed profile in the hatched areas.”) (Düser Paragraph 0173: “Accordingly, the method also determines a route-based dynamic speed profile resolved into route segments for the route R. This route-based dynamic speed profile specifies a target speed for each route segment. Preferably, this target speed then serves as the initial speed for a cruise control of the driver assistance system.”)the speed information includes a speed value and/or a percentage speed change value; the speed value corresponds to a speed at which the vehicle speed regulated by the automatic speed control is adjusted by an active intervention by a driver of the vehicle during a preceding driving over the corresponding marked stretch of roadway; (Düser Paragraph 0016: “determining a route-based dynamized speed profile on the basis of the route-based static speed profile which factors in a defined maximum target deceleration to reach mandatory speed minima of the speed profile;”) (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) (Düser Paragraph 0170: “In another exemplary embodiment, the dynamic speed profile serves to guide a motor vehicle via a driver assistance system, in particular for predictive driving functions.”)
the percentage speed change value corresponds to a change in speed, to adjust the vehicle speed regulated by the automatic speed control through the active intervention of the driver of the vehicle during the preceding driving over the corresponding marked stretch of roadway; (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”)
and in adjusting the vehicle speed, the vehicle speed is adjusted to the speed value and/or by the percentage speed change value in the speed information; (Düser Paragraph 0040: “Due to the structuring of the raw data originating from a digital map, the speeds of the static speed profile correspond to the respective maximum speed values granted by a driver or by a legal speed limit. These speed values can change abruptly from one route segment to the next route segment. This is of course unrealistic. The aim of this advantageous embodiment is therefore to identify the actual braking points at which the driver begins to brake in order to reach the speed minimum to be met in a certain route segment. In particular, starting from the minimum speed to be reached, it is inventively determined what the speed value had to have been for each previous route segment, factoring in a standard target deceleration, until the value of the static speed profile is finally reached.”) […] when the active intervention in the automatic speed control by the driver of the vehicle (Düser Paragraph 0016: “determining a route-based dynamized speed profile on the basis of the route-based static speed profile which factors in a defined maximum target deceleration to reach mandatory speed minima of the speed profile;”) (Düser Paragraph 0039: “A maximum target deceleration in the sense of the invention is preferably dictated by the properties of the motor vehicle and/or the ambient conditions of the motor vehicle and/or the type of driver.”) (Düser Paragraph 0170: “In another exemplary embodiment, the dynamic speed profile serves to guide a motor vehicle via a driver assistance system, in particular for predictive driving functions.”)
Düser does not disclose […] and the speed information is stored only […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver.
However, Takahara teaches […] and the speed information is stored only […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver. (Takahara Page 9, Paragraph 4: “Furthermore, you may employ | adopt the structure which utilizes operation information, such as vehicle speed information, for driving assistance. That is, if the vehicle speed information 30b is accumulated in the host vehicle, the driving pattern of the driver when driving each link can be specified. Therefore, by referring to the vehicle speed information 30b, it is possible to perform guidance such as acceleration / deceleration or alerting according to the travel pattern. Needless to say, driving assistance such as shifting the automatic transmission, performing control using a brake or an accelerator, controlling the suspension, and changing the control timing of the skid prevention device may be performed. It is also possible to perform control such as advance or delay the timing of starting control for pre-crash safety, or shorten or lengthen the time during which auto-cruise control is performed.”) (Takahara Page 10, Paragraph 1: “Furthermore, in addition to the presence of the feature corresponding to the stop position of the vehicle, a configuration in which invalidation processing of data is performed in consideration of other information may be employed. For example, in a configuration for acquiring vehicle speed information for energy management, a configuration in which traffic congestion information and construction information on a road on which a vehicle is traveling is acquired, and vehicle speed information is not accumulated when the road is in a traffic congestion state or under construction By doing so, it is possible to obtain accurate vehicle speed information without being affected by sudden traffic jams or construction. In addition, when acquiring vehicle speed information at an information storage center or the like, a condition for excluding vehicle speed information during traffic jams or construction from information acquisition targets is set in advance, and vehicle speed information is not acquired when this condition is met. It is good also as a structure.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Düser to include […] and the speed information is stored only […] was not caused by a traffic situation prevailing at a time of the active intervention by the driver taught by Takahara. This would have been for the benefit provide an operation information acquisition to acquire stop location information showing the stop location of a vehicle, to acquire map information from a prescribed storage medium, and to detect a planimetric feature corresponding to a stop location based on the map information, and to acquire operation information indicating the operation of the vehicle. When the planimetric feature corresponding to the stop location is detected, the operation information in a section excluding a prescribed section in which the stop location is included is acquired. [Takahara Page 2, Paragraph 2]
6. Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Düser (US 20200346659 A1) in view of Takahara ( JP 2009009298 A) and further in view of (US 20170282917 A1) to Pilutti et al. (hereinafter Pilutti).
Regarding claim 6, Düser in view of Takahara teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Düser in view of Takahara does not teach The method according to claim 1, wherein the speed information further includes position information of the marked stretch of roadway and/or a direction of travel of the vehicle, and wherein the identification of the marked stretch of roadway includes: comparing the position information in the speed information with position information of the vehicle, based on the map data and/or information of a navigation system.
However, Pilluti does teach The method according to claim 1, wherein the speed information further includes position information of the marked stretch of roadway and/or a direction of travel of the vehicle, and wherein the identification of the marked stretch of roadway includes: comparing the position information in the speed information with position information of the vehicle, based on the map data and/or information of a navigation system. (Pilluti Paragraph 0024: “The current date field 204 records the date on which the event record is created. The location field 206 records the location at which the command is input into the adaptive cruise control 102. In some examples, the location field 206 records coordinates (e.g., the latitude and longitude) retrieved from the GPS receiver 112. In such some examples, the location field 206 also records the heading (e.g., the direction of travel) retrieved from the GPS receiver 112. Alternately, in some examples, the location field 206 may record a zone identifier that identifies zone in which the command was used. A manufacturer of the cruise control adjuster 104 or any other suitable entity may define zones on roads in which actions within the zone are considered to be related. For example, a zone may encompass a one mile portion of a road. In some examples, a navigation system that uses the GPS receiver 112 may supply zone identifiers to supply to the adaptive cruise control 102.”) (Pilluti Paragraph 0030: “The cruise control adjuster 104 compares the current location of the vehicle 100 to locations specified by the user-generated rules and/or the ACC actions 302 stored in the adaptive cruise control action database 300. If the current location matches the location associated with one of the user-generated rules, the cruise control adjuster 104 instructs the adaptive cruise control 102 to adjust the speed and/or gap distance settings as specified by the user-generated rule”).
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Düser in view of Takahara to include The method according to claim 1, wherein the speed information further includes position information of the marked stretch of roadway and/or a direction of travel of the vehicle, and wherein the identification of the marked stretch of roadway includes: comparing the position information in the speed information with position information of the vehicle, based on the map data and/or information of a navigation system taught by Pilutti. This would have been for the benefit to provide the adaptive cruise control adjuster that is configured to generate an action when a cruise control event is defined for the location. This would have been for the benefit to adaptively change the cruise control rather than manually. [Pilutti Paragraph 0002 and 0004]
Regarding claim 13, Düser in view of Takahara teaches claim 1, accordingly, the rejection of claim 1 above is incorporated.
Düser in view of Takahara does not teach The method according to claim 1, further comprising: displaying the adjustment to be made of the speed regulated by the automatic speed control; and maintaining the speed regulated by the automatic speed control when the driver does not agree with the adjustment.
However, Pilutti does teach The method according to claim 1, further comprising: displaying the adjustment to be made of the speed regulated by the automatic speed control; (Pilutti Paragraph 0030: “If implementing the ACC action 302 and/or the user-generated rule(s) would result in the speed of the vehicle 100 increasing, the cruise control adjuster 104 prompts the driver, via the infotainment head unit 106, to confirm the change before instructing the adaptive cruise control 102 to change its settings”) and maintaining the speed regulated by the automatic speed control when the driver does not agree with the adjustment. (Pilutti Paragraph 0044: “Otherwise, if the cruise control adjuster 104 determines that the driver does not confirm the ACC action 302, the cruise control adjuster 104 continues to monitor the location and the heading of the vehicle 100 (block 802). If some examples, the cruise control adjuster 104 determines that the driver does not confirm the ACC action 302 after a period of time (e.g., 15 second, 30 seconds, etc.) and/or after traveling a certain distance (e.g., 1 mile, 2 miles, etc.).”) (Note: If the driver does not confirm the action of the adaptive cruise control, then the speed stays the same.)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Düser in view of Takahara to include The method according to claim 1, further comprising: displaying the adjustment to be made of the speed regulated by the automatic speed control; and maintaining the speed regulated by the automatic speed control when the driver does not agree with the adjustment taught by Pilutti. This would have been for the benefit to provide the adaptive cruise control adjuster that is configured to generate an action when a cruise control event is defined for the location. This would have been for the benefit to adaptively change the cruise control rather than manually. [Pilutti Paragraph 0002 and 0004]
7. Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Düser (US 20200346659 A1) in view of Takahara ( JP 2009009298 A) and further in view of Wang (US 20050171674 A1).
Regarding claim 7, Düser in view of Takahara teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Düser in view of Takahara does not teach The method according to claim 1, wherein the speed information further includes weather information regarding weather conditions which were prevailing in the environment of the vehicle at a time when the driver actively intervened in the automatic speed control, and wherein the speed is adjusted when comparable weather conditions are present.
However, Wang does teach The method according to claim 1, wherein the speed information further includes weather information regarding weather conditions which were prevailing in the environment of the vehicle at a time when the driver actively intervened in the automatic speed control, and wherein the speed is adjusted when comparable weather conditions are present. (Wang Paragraph 0003: “Slippery roads can be caused by road conditions such as snow, ice, slush and rain, and may result in a fast change in tire traction on a vehicle. These slippery road conditions can cause low road traction situations to which a driver must react quickly. Although cruise control can manually be cut off by the driver tapping the brake pedal, the driver must first recognize that these slippery road conditions exist and/or that the vehicle has begun to spin or slide, and then the driver must bring his foot up off the floor to the brake pedal to disengage the cruise control.”) (Wang Paragraph 0020: “Any data that is available to the vehicle that may be useful in predicting driving conditions may be utilized (e.g., rain sense sensor data, wheel spin sensor data, vehicle stability enhancement system (VSES) data, sensors such as radars or cameras to see rain and/or snow) by exemplary embodiments of the present invention”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Düser in view of Takahara to include The method according to claim 1, wherein the speed information further includes weather information regarding weather conditions which were prevailing in the environment of the vehicle at a time when the driver actively intervened in the automatic speed control, and wherein the speed is adjusted when comparable weather conditions are present taught by Wang. This would have been for the benefit to provide the method which includes monitoring a cruise control system to determine if the cruise control system is activated or deactivated for a vehicle, including receiving vehicle operation data for the vehicle and a likelihood that a slippery road condition exists for the vehicle is determined based on the vehicle operation data. Thus, in order to eliminate the ability to use cruise control or to warn the driver about slippery road conditions while using cruise control under a set of certain predetermined vehicle, weather, and road conditions. [Wang Paragraph 0003 and 0004]
Regarding claim 8, Düser in view of Takahara and further in view of Wang teaches claim 7, accordingly, the rejection of claim 7 is incorporated above.
Düser in view of Takahara does not teach The method according to claim 7, wherein the weather information includes information regarding snowfall, or precipitation, or visibility, or light conditions, or black ice, or roadway wetness.
However, Wang does teach The method according to claim 7, wherein the weather information includes information regarding snowfall, or precipitation, or visibility, or light conditions, or black ice, or roadway wetness. (Wang Paragraph 0003: “Slippery roads can be caused by road conditions such as snow, ice, slush and rain, and may result in a fast change in tire traction on a vehicle. These slippery road conditions can cause low road traction situations to which a driver must react quickly. Although cruise control can manually be cut off by the driver tapping the brake pedal, the driver must first recognize that these slippery road conditions exist and/or that the vehicle has begun to spin or slide, and then the driver must bring his foot up off the floor to the brake pedal to disengage the cruise control.”) (Wang Paragraph 0020: “Any data that is available to the vehicle that may be useful in predicting driving conditions may be utilized (e.g., rain sense sensor data, wheel spin sensor data, vehicle stability enhancement system (VSES) data, sensors such as radars or cameras to see rain and/or snow) by exemplary embodiments of the present invention”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Düser in view of Takahara to include The method according to claim 7, wherein the weather information includes information regarding snowfall, or precipitation, or visibility, or light conditions, or black ice, or roadway wetness taught by Wang. This would have been for the benefit to provide the method which includes monitoring a cruise control system to determine if the cruise control system is activated or deactivated for a vehicle, including receiving vehicle operation data for the vehicle and a likelihood that a slippery road condition exists for the vehicle is determined based on the vehicle operation data. Thus, in order to eliminate the ability to use cruise control or to warn the driver about slippery road conditions while using cruise control under a set of certain predetermined vehicle, weather, and road conditions. [Wang Paragraph 0003 and 0004]
8. Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Düser (US 20200346659 A1) in view of Takahara ( JP 2009009298 A) and further in view of Stenneth (US 9189897 B1).
Regarding claim 11, Düser in view of Takahara teaches claim 10, accordingly, the rejection of claim 10 is incorporated above.
Düser in view of Takahara does not teach The method according to claim 10, wherein the identification of the marked stretch of roadway includes: classifying the plurality of marked stretches of roadway in the driver profile; and identifying the stretch of roadway from the map data that can be assigned to a class of stretches of roadway in the driver profile.
However, Stenneth does teach The method according to claim 10, wherein the identification of the marked stretch of roadway includes: classifying the plurality of marked stretches of roadway in the driver profile; and identifying the stretch of roadway from the map data that can be assigned to a class of stretches of roadway in the driver profile. (Stenneth Column 15, line number 32: “FIG. 9 shows an example of constructing a driving profile.”) (Stenneth Column 15, line number 43-46: “Representative map-derived real world reference data include but are not limited to information regarding curvature, slope, lane width, road bank angle, and/or the like, and combinations thereof.”) (Stenneth Column 15, line number 47-57: “Real world reference data categorization may be used to configure a driverless system to automatically drive a vehicle like a driver on a road even when the driver has not previously driven on the road in question. By way of example, if an observation is made during construction of a driver's driving profile that the driver drives at 5 kph on a random hill called hill.sub.—1, the features of hill.sub.—1 may be extracted and categorized. Subsequently, for other hills that fall into the same category as hill.sub.—1, an autonomous vehicle may be autonomously driven in the same manner that the driver drove when ascending hill.sub.—1 (e.g., at 5 kph).”) (Stenneth Column 15, line number 58 - Column 16, line number 4: “To use real world reference data as an input for personalized driving in accordance with the present teachings, map features from a real world map may be categorized and labeled. For example, a hill identified in the map may be categorized as an element of the set {very steep, steep, and slightly steep}. This categorization may be performed by fitting the slope of the target hill into a predefined interval (e.g., a slope between 10 and 30 degrees is “slightly steep”; a slope between 31 and 50 degrees is “steep”; and a slope above 50 degrees is “very steep”). In a similar manner, turns may be categorized as sharp turns, slight right turns, sharp right turns, and/or the like. Roads are already categorized as functional classes (e.g., F4, F5, etc.). Lanes may also be further categorized.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Düser in view of Takahara to include The method according to claim 10, wherein the identification of the marked stretch of roadway includes: classifying the plurality of marked stretches of roadway in the driver profile; and identifying the stretch of roadway from the map data that can be assigned to a class of stretches of roadway in the driver profile taught by Stenneth. This would have been for the benefit to have provided a more efficient ranking, by a processor, at least one segment of a roadway based on an amount of deviation between a true driving behavior on the at least one segment of the roadway and an expected driving behavior predefined for the at least one segment of the roadway. [Stenneth Column 1, line number 44-48]
Regarding claim 12, Düser in view of Takahara and further in view Stenneth teaches claim 11, accordingly, the rejection of claim 11 above is incorporated.
Düser in view of Takahara and further in view Stenneth does not teach The method according to claim 11, wherein the classification and the identification are performed by a correspondingly trained artificial intelligence.
However, Stenneth does teach wherein the classification and the identification are performed by a correspondingly trained artificial intelligence. (Stenneth Column 1, line number 53-60: “at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to perform at least the following: (a) rank at least one segment of a roadway based on an amount of deviation between a true driving behavior on the at least one segment of the roadway and an expected driving behavior predefined for the at least one segment of the roadway; and (b) communicate the ranking to a client.”) (Stenneth Column 9, line number 54-61: “In some embodiments, the communicating of ranking to a client may comprise aurally communicating information concerning a segment of a roadway to the user (e.g., through a user interface). In some embodiments, the user may interact with an artificial intelligence (e.g., an intelligent personal assistant or the like) to request that certain information be repeated, to request alternate information, and/or the like using, for example, a voice command device and/or the like.”) (Note: If the Intelligent Personal assistant can communicate the rankings to the user it can also rank at least one segment of the roadway) (Stenneth Column 15, line number 54-57: “Subsequently, for other hills that fall into the same category as hill.sub.—1, an autonomous vehicle may be autonomously driven in the same manner that the driver drove when ascending hill.sub.—1 (e.g., at 5 kph”). (Stenneth Column 15, line number 58-Column 16, line number 4: “To use real world reference data as an input for personalized driving in accordance with the present teachings, map features from a real world map may be categorized and labeled. For example, a hill identified in the map may be categorized as an element of the set {very steep, steep, and slightly steep}. This categorization may be performed by fitting the slope of the target hill into a predefined interval (e.g., a slope between 10 and 30 degrees is “slightly steep”; a slope between 31 and 50 degrees is “steep”; and a slope above 50 degrees is “very steep”). In a similar manner, turns may be categorized as sharp turns, slight right turns, sharp right turns, and/or the like. Roads are already categorized as functional classes (e.g., F4, F5, etc.). Lanes may also be further categorized.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Düser in view of Takahara to include The method according to claim 11, wherein the classification and the identification are performed by a correspondingly trained artificial intelligence taught by Stenneth. This would have been for the benefit to have provided a more efficient ranking, by a processor, at least one segment of a roadway based on an amount of deviation between a true driving behavior on the at least one segment of the roadway and an expected driving behavior predefined for the at least one segment of the roadway. [Stenneth Column 1, line number 44-48]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/K.J.H./Junior Patent Examiner, Art Unit 3664
/SHARDUL D PATEL/Primary Examiner, Art Unit 3664
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