DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Claims 2, 4, and 6 are canceled. Claims 1, 3, and 5 are amended. The previous 35 USC 112 rejections are overcome by the instant amendments.
Response to Arguments
Applicant’s arguments with respect to claim 1, 3, and 5 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.
Claim Rejections - 35 USC § 102
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 1, 3, and 5 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Murphy et al. (US 2008/0162027).
Regarding claim 1, Murphy discloses a vehicle traveling apparatus comprising:
an electronic control unit (processing system 104) configured to:
instruct a vehicle to travel in an own lane; and instruct the vehicle to run into the an opposing lane in which vehicles travel in an opposite direction to the vehicle by crossing over a lane boundary, when a collision with an object in the own lane cannot be avoided by the vehicle continuing to travel in the own lane, see at least ([0182] which discloses automatically controlling a vehicle to pass on a broken yellow line two way road passing zone wherein the own vehicle would collide with the vehicle in front when traveling at their desired speed)
wherein the electronic control unit is further configured to instruct the vehicle to run into the opposing lane after confirming that there is no vehicle coming from the opposite direction on the opposing lane (see at least figure 73 and [0182] at If there is enough clearing to pass the other vehicle, the traffic rule enforcement module 205 commands the vehicle to pass the other vehicle (step 7305). However, if there is not enough clearing to pass the other vehicle, the traffic rule enforcement module 205 prevents the vehicle from passing (step 7307).).
Regarding claims 3 and 5, the claims comprise the same general scope as rejected claims 1 above and are thus rejected under the same rationale.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON HOLLOWAY whose telephone number is (571)270-5786. The examiner can normally be reached M-F 9-5:30.
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/JASON HOLLOWAY/Primary Examiner, Art Unit 3658