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 .
DETAILED ACTION
Claims 1-20 are pending. Claims 1-20 are rejected.
Amendments to the claims have been recorded.
Response to Arguments
Applicant’s arguments have been fully considered but they are not persuasive.
Applicant’s Arguments
Applicant argues are based on the newly provided amendments and are fully addressed with the rejections and remarks made to the newly provided amendments. It is noted that the amendments can be understood multiple different way. The limitations are also unclear, the amendment of “over time”, one of ordinary skill in the art may question if the waring is issued over time, or if the size change is over time, or if the overlapping area is over time. Furthermore, Applicant makes arguments that Kentley Fig. 16C does not teach “crosses the first path”. However, Kentley Sheet 28 of 44 Figs. 16B and 16C teach these limitations.
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Kentley teaches the limitations in a forward direction as an example and also teaches that these can be applied in the backward direction. Kentley teaches that the sensors can detect around the vehicle, Fig. 12C. Applicant uses Kentley’s examples as not being able to perform the limitans, wherein Kentley states “the vehicle cannot safely reverse direction” is a statement that states that Kentley not only teaches reverse or backwards direction, but also shows that Kentley has detected the treat in the backwards direction and because of the treat, “the vehicle cannot safely reverse direction”; because of safety i.e. ‘safely’ and not because of lacking of the ability. As such, it this also teaches generating a warning in the backwards direction as the vehicle can detect its surroundings. Applicant further argues that a path or region a vehicle may maneuver to is into the same as a target area or second path trajectory. The rejection used was 169; to determine if there is an open region [second path from original] the vehicle 100 may be maneuvered into. Here, may be maneuvered into is not the target area, however to determine if there is an open region the vehicle may be maneuvered into becomes the target area as the open region has been determined or targeted.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kentley US 2017012803 a in view of Park US 20220297685.
1. A method of controlling driving of a vehicle, the method comprising:
obtaining, by at least one sensor mounted on the vehicle, sensor information in association with the vehicle’s surroundings; Fig. 10A
reverse
generating, by a control unit of the vehicle; a warning area and a first path trajectory of the vehicle in a backward direction from the vehicle [1681 is from the backward direction from the vehicle 100] based on the sensor information the vehicle is driven along the backward direction; Fig. 16C and para 169-170; The predicted impact zone is behind the vehicle 100 and is effectively blocked by the predicted location Lo having a velocity towards the location of the vehicle 100 (e.g., the vehicle cannot safely reverse direction {shows that being driven backwards option can meet this limitation} to avoid the potential collision). An acoustic alert may be communicated (e.g., by one or more acoustic beam-steering arrays 102), and a visual alert may be communicated.
detecting, by the control unit, a target vehicle approaching the first path trajectory from a position behind the vehicle and Fig. 16C 1681; Para 169; planner system may analyze the environment around the vehicle 100 (e.g., using the overlapping sensor fields of the sensor in the sensor system) Para 1250 and Fig. 10B [using sensors 820 detection around the vehicle including behind the vehicle.]
along a path that crosses the first path trajectory based on the target vehicle being located in or around the generated warning area based on the sensor information; Fig. 16B path 100 crossed by 1641, Para 169; planner system may analyze the environment around the vehicle 100 (e.g., using the overlapping sensor fields of the sensor in the sensor system) Para 1250 and Fig. 10B [using sensors 820 detection around the vehicle including behind the vehicle.]
generating, by the control unit, a target area and a second path trajectory of the target vehicle based on the target vehicle being detected; 169; to determine if there is an open region [second path from original] the vehicle 100 may be maneuvered into. The predicted impact zone is behind the vehicle 100 and is effectively blocked by the predicted location Lo having a velocity towards the location of the vehicle 100 (e.g., the vehicle cannot safely reverse direction to avoid the potential collision).
extracting a first overlapping area in which the target area and the warning area overlap each other; 169; The predicted impact zone is behind the vehicle 100 and is effectively blocked by the predicted location Lo [first overlapping area] having a velocity towards the location of the vehicle 100 (e.g., the vehicle cannot safely reverse direction to avoid the potential collision).
extracting, by the control unit, a second overlapping area in which the first path trajectory and the second path trajectory overlap each other; 169; Traffic lanes to the left [second overlapping area] of the vehicle 100 lack an available open region and are blocked due to the presence of three objects 1663, 1665 and 1673 (e.g., two cars located in the adjacent traffic lane and one pedestrian on a sidewalk).
determining, by the control unit, whether to issue a rear cross collision warning based on size changes of the first overlapping area and the second overlapping area over time; and 170; an acoustic alert may be communicated (e.g., by one or more acoustic beam-steering arrays 102), and a visual alert may be communicated (e.g., by one or more light emitters 1202). as the vehicle 1661 continues to approach the vehicle 100 on predicted location Lo, [i.e. over time] (e.g., at a time prior to a predicted impact time) [it is noted that communicated and continues to approach and time prior to is all over time]. The limitation is also unclear if the waring is issued over time, or if the size change is over time or if the overlapping area is over time.
Kentley do not explicitly disclose taking measures to avoid a collision with the target vehicle by
displaying, by a human-machine interface, the rear cross collision waring,
or
controlling, by the control unit, the vehicle to avoid the collation.
However, Park teaches taking measures to avoid a collision with the target vehicle by
displaying, by a human-machine interface, the rear cross collision waring,
or
controlling, by the control unit, the vehicle to avoid the collation. Park para 14; The determination unit may be configured to divide a collision time [as time increases; overlap area increases as more overlap appears, then the overlap area decreases] between the target vehicle and the subject vehicle into a warning rage and a dangerous range according to a predetermined collision time range, and the control unit may be configured to generate the warning signal of the subject vehicle according to the warning range and the dangerous range or to control the driving of the subject vehicle.
Therefore, it was well known at the time the invention was filed and would have been obvious to one of ordinary skill in the art to combine the teachings for the purpose of vehicle control system to prevent collision such that the claimed invention as a whole would have been obvious. The combination is also considered obvious to try as stated in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
2. The method of claim 1, further comprising tracking a change in position of the target area within the warning area using one of or any combination of
intersection data of the first overlapping area, 169; using the overlapping sensor fields of the sensor in the sensor system.
X-Y position data of the first overlapping area, and
position data of a vertex of the target area.
3. The method of claim 1, further comprising:
calculating shapes of the first overlapping area and the second overlapping area; and 112; The planner system may process [calculate] object data from the perception system and local pose data from the localizer system to calculate the threshold location(s). The location, shape (e.g., linear, arcuate, non-linear), orientation (e.g., with respect to the autonomous vehicle and/or object) and other characteristics of the threshold location may be application dependent
calculating intersections of the second overlapping area when a size or area of the calculated shape of the second overlapping area gradually increases 112; threshold locations (601, 603 and 605) in example 600 are aligned [overlapping] approximately perpendicular to the trajectory Tp of pedestrian object 585d; however, other configurations and orientations may be calculated and implemented by the planner system
as a size or area of the calculated shape of the first overlapping area gradually increases. 112 and Fig.6 601 to 605 overlapping area gradually increases as 585d moves inside the path of 100.
4. The method of claim 3, further comprising determining that the rear cross collision warning is not issued in response to the size or area of the calculated shape of the first overlapping area gradually decreasing. 111; when the vehicle 100 may be at a relatively safe distance from the pedestrian object 585d, may be a less alarming non-threatening alert a1 configured to garner the attention of the pedestrian object 585d in a non-threatening manner. Point 560 may change [increasing or decreasing overlapping area and increasing and decreasing need for alert] as the speed and/or location of the object 585d, the vehicle 100, or both changes.
5. The method of claim 3, further comprising determining that the rear cross collision warning is not issued in response to the size or area of the calculated shape of the second overlapping area gradually decreasing as the size or area of the calculated shape of the first overlapping area gradually increases. 111; when the vehicle 100 may be at a relatively safe distance from the pedestrian object 585d, may be a less alarming non-threatening alert a1 configured to garner the attention of the pedestrian object 585d in a non-threatening manner. Point 560 may change [increasing or decreasing overlapping area and increasing and decreasing need for alert] as the speed and/or location of the object 585d, the vehicle 100, or both changes.
6. The method of claim 3, further comprising calculating a first time to intersect for the vehicle to reach an intersection located closest to the vehicle among the calculated intersections of the second overlapping area. Fig. 6 # 602 time and point and para 111; Estimation of positions of the threshold locations in the environment 590 may be determined by the planner system to provide adequate time (e.g., approximately 5 seconds or more), based on a velocity of the autonomous vehicle, before the vehicle 100 arrives at a predicted impact point 560 with the pedestrian object 585d (e.g., a point 560 in environment 590 where trajectories Tav and Tp are estimated to intersect each other). [time is calculated for adequate time before alarm; speed is time based and intersection is time based as if the speed of one changes there will be no intersection]
7. The method of claim 6, further comprising calculating a second time to intersect for the target vehicle to reach an intersection located closest to the target vehicle among the calculated intersections of the second overlapping area. Fig. 6 # 604 time and point and para 111;
8. The method of claim 7, further comprising determining that the rear cross collision warning is not issued in response to the first time to intersect being not within a selected intersect time range. 111; when the vehicle 100 may be at a relatively safe distance from the pedestrian object 585d, may be a less alarming non-threatening alert a1 configured to garner the attention of the pedestrian object 585d in a non-threatening manner
9. The method of claim 7, further comprising determining that the rear cross collision warning is not issued in response to the first time to intersect being within a first selected intersect time range and the second time to intersect being not within a second selected intersect time range. 111; when the vehicle 100 may be at a relatively safe distance from the pedestrian object 585d, may be a less alarming non-threatening alert a1 configured to garner the attention of the pedestrian object 585d in a non-threatening manner
10. The method of claim 7, further comprising determining that the rear cross collision warning is issued in response to the first time to intersect being within a first selected intersect time range and the second time to intersect being within a second selected intersect time range. 111; Fig,6 #602, 604 … [treat is checked continuedly] when the vehicle 100 may be at a relatively safe distance from the pedestrian object 585d, may be a less alarming non-threatening alert a1 configured to garner the attention of the pedestrian object 585d in a non-threatening manner
Claims 11. 13-21 are rejected using the same rejections as made to claims 1-11.
Claim 21, although rejected using the same rejections as made to claim 1 is broader in scope and must be fully reviewed if allowable subject matter is found for claim 1.
21. A vehicle comprising: a sensor configured to generate sensor information by sensing surroundings of the vehicle; and an electronic control unit (ECU) configured to receive the sensor information from the sensor, and the ECU being configured to execute code, wherein the code comprises instructions for the ECU to: generate a warning area and a first path trajectory of the vehicle in a backward direction based on the sensor information in response to the vehicle being driven backward, detect a target vehicle behind the vehicle located in or around the generated warning area using the sensor information, generate a target area and a second path trajectory of the target vehicle in response to the target vehicle being detected, extract a first overlapping area in which the target area and the warning area overlap each other, extract a second overlapping area in which the first path trajectory and the second path trajectory overlap each other, determine whether to issue a rear cross collision warning based on size changes in the first overlapping area and the second overlapping area, track a change in position of the target area within the warning area
using one of or any combination of
intersection data of the first overlapping area,
X-Y position data of the first overlapping area, and
position data of a vertex of the target area, and
take measures to avoid a collision with the target vehicle by controlling the vehicle to avoid the collision with the target vehicle
or
displaying the rear cross collision warning on a human-machine interface.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hillman US 20190135278
20230286536
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIHAR A KARWAN whose telephone number is (571)272-2747. The examiner can normally be reached on M-F 11am.-7pm.
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/SIHAR A KARWAN/Examiner, Art Unit 3664
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