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 .
Response to Arguments
Regarding the previous 35 U.S.C. 112(b) rejection, the previous 35 U.S.C. 112(b) rejection is withdrawn in light of the present claim amendments and discussion in the previous interview that a start of the lane change earlier indicates that a duration or distance required for the lane change has increased. Accordingly, the claim limitation is interpretated under broadest reasonable interpretation in light of the specification (see at least [0052]: the lane change control unit 34 sets start timing of a start of a lane change earlier when towing of a towed vehicle 11 is detected than when towing of a towed vehicle 1 1 is not detected. To achieve this, the lane change control unit 34 sets the predetermined offset distance for the case where towing of a towed vehicle 11 is detected (e.g., 500 m to 1km) longer than the predetermined offset distance for the case where towing of a towed vehicle 11 is not detected (e.g., 100 m to 500 m). Alternatively, the lane change control unit 34 may set the distance required for a single lane change for the case where towing of a towed vehicle 11 is detected to longer than the required distance for the case where towing of a towed vehicle 11 is not detected, [0053]-[0054]: Fig. 4).
Regarding the previous 35 U.S.C. 103 rejection, Applicant’s arguments have been fully considered but they are not persuasive. Applicants argue that the prior art does not disclose or suggest the limitation “the processor sets start timing of a start of the lane change earlier when towing of a towed vehicle by the host vehicle is detected than when towing of a towed vehicle by the host vehicle is not detected”. Applicants argue that “Du merely describes how a lane changing time interval is calculated for a tractor towing a trailer. Du describes that a lane changing time interval may change based on the weight of the trailer.” and Du fails to compare a lane changing time interval for tractor towing a trailer and a tractor not towing a trailer.
Examiner respectfully disagrees. As similarly discussed in the previous interview, Hatayama discloses a driving assistance method that provides determining timing of starting changing the lanes before a branch point and controlling a vehicle to make a lane change.
Donnevert teaches recognizing a trailer that is connected to a vehicle via a sensor and camera device and automatically adapts at least one driving assistance function, using a driving assistance module, of the vehicle to the trailer operating state of the vehicle, wherein the driving assistance module comprises a driving assistance function for lane changing (see at least Donnevert claims 1-3). Donnevert further teaches that a lane change on multilane expressways constitutes a risk situation, and, during trailer operation, a risk increases as dimensions of a vehicle and trailer combination have increased and driving properties change.
Du teaches a traffic simulation method that relates to the field of autonomous driving technology. Du teaches that a trailer is towed away by a tractor. Du discloses a tractor can be followed by a plurality of trailers in a longitudinal duration, and Du discloses that each trailer has its own corresponding lane change time interval. Du teaches obtaining a duration corresponding to the tractor and a lane change start time, such as a preconfigured lane change duration (T) and a lane change start time (Ta). Du teaches that the lane change end time is (Tb), wherein Tb=Ta+T, and that the determined lane change start time and lane change end time are for the tractor.
Du further teaches determining the change time interval corresponding to each trailer by obtaining a lane changing duration corresponding to a tractor and a lane changing starting time. Du teaches generating a lag time for a lateral speed of the trailer relative to the tractor and that, when the target lane changing vehicle includes multiple trailers, the lateral lag times Td corresponding to different trailers are different and the respective lane changing time intervals are also different. Du teaches, when determining a lane change time interval of a trailer, it is necessary to determine a left boundary of a lane change time interval based on a lateral lag time corresponding to the trailer and a starting time of the lane change. Furthermore, Du teaches that, when a tractor considers a rule-based lane change, it will take into account the length of the trailer and its own tractor (total vehicle length) to judge lane changing conditions such as a safe distance and will start to change if all conditions are met.
Du teaches that, if the tractor starts changing lanes from time Ta, the time it is in the lane-changing process is [Ta, Ta+T]; since the trailer lags behind the tractor by Td, the time for the trailer is in the lane-changing process is [Ta+Td, Ta+T+Td], which is defined as the lane-changing time interval of the trailer. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating a tractor lane-changing process duration and a trailer lane-changing process duration including a trailer lag time as taught by Du with a reasonable expectation of success in order to improve operation efficiency.
Moreover and as similarly noted in the previous office action conclusion, prior art Yoo teaches the lane change completion time (T.sub.0) may be changed according to the vehicle size, wherein as the target vehicle gradually increases in size (such as a bus, a truck, etc.), the lane change time and path are also increased (see at least Yoo [0043]).
Accordingly the previous 35 U.S.C. 103 rejection is maintained.
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1, 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200284610 (“Hatayama”) in view of US 20220266831 (“Donnevert”) and CN115238510A (“Du”).
As per claim(s) 1, Hatayama discloses a vehicle controller comprising:
a processor (see at least [0042]: processor) configured to:
a host vehicle under autonomous driving control (see at least [0053]: vehicle control device 2 may execute autonomous driving that controls the vehicle to travel without operation by the occupant, or may execute at least one of drive control, deceleration control, and steering control so as to assist the occupant in traveling);
detect a host vehicle lane being traveling by the host vehicle among a plurality of lanes included in a road being traveled by the host vehicle (see at least [0035]: camera 35 captures a predetermined region around the vehicle to acquire image data, and detects surrounding conditions including roads, lane boundary lines, constructs, road marks, signs, other vehicles, and pedestrians, from the acquired image data),
determine whether the host vehicle is required to make a lane change to a target lane different from the host vehicle lane in a section from the current position of the host vehicle to a predetermined distance away from the host vehicle, by referring to a map and the host vehicle lane (see at least [0046]: route search unit 13 searches for (sets) a route on a road that the vehicle is presumed to follow (a presumed traveling route) from a departure point such as the current position of the vehicle on the map data M calculated by the vehicle position calculation unit 11 to the destination set by the destination setting unit 12, [0073]: timing of starting changing the lanes can be determined as appropriate before reaching the branch point, and may be immediately after the vehicle reaches the point within the predetermined distance from the branch point, for example), and
control the host vehicle to make a lane change from the host vehicle lane to the target lane, when the lane change is required (see at least [0053]: vehicle control device 2 may execute autonomous driving that controls the vehicle to travel without operation by the occupant, or may execute at least one of drive control, deceleration control, and steering control so as to assist the occupant in traveling, [0083]: vehicle control device 2 controls the vehicle 100 to make a lane change to the lane L24 branching into the branch road BR2 through the branch point).
Hatayama does not explicitly disclose detect that a host vehicle is towing a towed vehicle; wherein the processor sets start timing of a start of the lane change earlier when towing of a towed vehicle by the host vehicle is detected than when towing of a towed vehicle by the host vehicle is not detected.
However, Donnevert detect whether a host vehicle is towing a towed vehicle (see at least abstract: automatically adapting at least one driving assistance function of a vehicle to a trailer operating state of the vehicle, [0036]: trailer 20 that is connected to the vehicle is captured by the sensor and camera device 30, [0048]: evaluation module 50 has recognized a trailer operating state of the vehicle 10, this result is passed on to one or more driving assistance modules 70, 72, 74, [0049]: During trailer operation, this risk increases once again since the dimensions of the combination consisting of vehicle 10 and trailer 20 have increased and the driving properties therefore change. Upon trailer operation being recognized, the driving assistance module 72 automatically chooses a different mode of steering assistance, for example, and/or outputs acoustic or optical warning signals, claim 3: lane changing).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Donnevert with a reasonable expectation of success in order to automatically adapt at least one driving assistance function of a vehicle to a trailer operating state of the vehicle.
However, Du teaches wherein the processor sets start timing of a start of the lane change earlier when towing of a towed vehicle by the host vehicle is detected than when towing of a towed vehicle by the host vehicle is not detected (see at least page 2: lane changing time interval is the time interval corresponding to the corresponding trailer from the lane changing start to the lane changing end, page 3: lane changing time interval comprises: based on the first lane-changing time sub-interval and the second lane-changing time sub-interval obtained by dividing the critical point; said critical point is the time when said one trailer reaches the maximum transverse speed, page 3-page 4: adjusting unit is further used for determining the change time interval corresponding to each trailer by the following way: obtaining the lane changing duration corresponding to the tractor, and lane changing starting time; based on the lane changing duration and the lane changing starting time, determining the corresponding lane changing ending time, page 7: for trailer, each trailer corresponding to the lane changing time interval is as follows: . if the weight of the trailer is larger, the corresponding transverse lag time is larger, and the length of the trailer is longer, the corresponding transverse lag time is larger…corresponding time interval corresponding to trailer self-changing channel starting to changing channel ending, such as a trailer from T1 time begins to change channel, to T2 time ending lane changing, then the trailer corresponding to the lane changing time interval is [T1, T2], page 15: trailer comprises a tractor, and the tractor sequentially the longitudinal hanging multi-part trailer. The transverse lag time of each of these trailers is different, if the first trailer lags for 1 second, and the second trailer lags behind 1.6 seconds…pre-configured lane changing duration T and lane changing starting time Ta, so as to determine the corresponding channel changing ending time Tb (Tb = Ta + T) based on the lane changing duration and the lane changing starting time…target lane changing vehicle comprises a plurality of trailers, different trailers corresponding to the transverse lag time Td are different, based on this, each corresponding lane changing time interval is different, page 17: elapsed time is the lane changing duration T…it is in lane changing process time is [Ta + Td, Ta + T + Td], defining the changing time interval of the trailer).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Du with a reasonable expectation of success in order to improve operation efficiency.
Claims 4 and 5 recite similar limitations and are rejected under the same rationale as claim 1.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200284610 (“Hatayama”) in view of US 20220266831 (“Donnevert”), and CN115238510A (“Du”), and further in view of US 11920942 (“Lee”).
As per claim(s) 2, Hatayama does not explicitly disclose wherein the processor sets the start timing earlier when towing of a towed vehicle by the host vehicle is detected in the case where the target lane is congested or predicted to be congested than when towing of a towed vehicle by the host vehicle is detected in the case where the target lane is not congested.
However, Lee teaches wherein the processor sets the start timing earlier in the case where the target lane is congested or predicted to be congested (see at least claim 6: when the traffic volume is large, the entry time is determined as a time earlier than a predetermined reference time, claim 2: determining entry information for changing lanes according to the determined traffic volume).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Lee with a reasonable expectation of success in order to reduce risk by preventing unnecessary violation of traffic regulations or traffic accidents.
However, Donnevert detect that a host vehicle is towing a towed vehicle (see at least abstract: automatically adapting at least one driving assistance function of a vehicle to a trailer operating state of the vehicle, [0036]: trailer 20 that is connected to the vehicle is captured by the sensor and camera device 30, [0048]: evaluation module 50 has recognized a trailer operating state of the vehicle 10, this result is passed on to one or more driving assistance modules 70, 72, 74, [0049]: During trailer operation, this risk increases once again since the dimensions of the combination consisting of vehicle 10 and trailer 20 have increased and the driving properties therefore change. Upon trailer operation being recognized, the driving assistance module 72 automatically chooses a different mode of steering assistance, for example, and/or outputs acoustic or optical warning signals, claim 3: lane changing).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Donnevert with a reasonable expectation of success in order to automatically adapt at least one driving assistance function of a vehicle to a trailer operating state of the vehicle.
However, Du teaches wherein the processor sets start timing of a start of the lane change earlier when towing of a towed vehicle by the host vehicle is detected than when towing of a towed vehicle by the host vehicle is not detected (see at least page 2: lane changing time interval is the time interval corresponding to the corresponding trailer from the lane changing start to the lane changing end, page 3: lane changing time interval comprises: based on the first lane-changing time sub-interval and the second lane-changing time sub-interval obtained by dividing the critical point; said critical point is the time when said one trailer reaches the maximum transverse speed, page 3-page 4: adjusting unit is further used for determining the change time interval corresponding to each trailer by the following way: obtaining the lane changing duration corresponding to the tractor, and lane changing starting time; based on the lane changing duration and the lane changing starting time, determining the corresponding lane changing ending time, page 7: for trailer, each trailer corresponding to the lane changing time interval is as follows: . if the weight of the trailer is larger, the corresponding transverse lag time is larger, and the length of the trailer is longer, the corresponding transverse lag time is larger…corresponding time interval corresponding to trailer self-changing channel starting to changing channel ending, such as a trailer from T1 time begins to change channel, to T2 time ending lane changing, then the trailer corresponding to the lane changing time interval is [T1, T2], page 15: trailer comprises a tractor, and the tractor sequentially the longitudinal hanging multi-part trailer. The transverse lag time of each of these trailers is different, if the first trailer lags for 1 second, and the second trailer lags behind 1.6 seconds…pre-configured lane changing duration T and lane changing starting time Ta, so as to determine the corresponding channel changing ending time Tb (Tb = Ta + T) based on the lane changing duration and the lane changing starting time…target lane changing vehicle comprises a plurality of trailers, different trailers corresponding to the transverse lag time Td are different, based on this, each corresponding lane changing time interval is different, page 17: elapsed time is the lane changing duration T…it is in lane changing process time is [Ta + Td, Ta + T + Td], defining the changing time interval of the trailer).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Du with a reasonable expectation of success in order to improve operation efficiency.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200284610 (“Hatayama”) in view of US 20220266831 (“Donnevert”), and CN115238510A (“Du”), and further in view of US 20170008522 (“Sato”).
As per claim(s) 3, Hatayama does not explicitly disclose wherein depending on weather around the host vehicle, the processor adjusts the start timing for the case where towing of a towed vehicle by the host vehicle is detected.
However, Sato teaches wherein depending on weather around the host vehicle, the processor adjusts the start timing (see at least abstract: automated driving, [0123]: the vehicle distance DS and vehicle distance DE between the host vehicle V and the other vehicle A at the time of start of the stopping action of the host vehicle V are made longer the higher the speed of the vehicle V, are made longer the poorer the visibility, are made longer the poorer the weather, and are made longer the more slippery the road surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Sato with a reasonable expectation of success in order to provide a vehicle running path to reach a destination safely.
However, Donnevert detect that a host vehicle is towing a towed vehicle (see at least abstract: automatically adapting at least one driving assistance function of a vehicle to a trailer operating state of the vehicle, [0036]: trailer 20 that is connected to the vehicle is captured by the sensor and camera device 30, [0048]: evaluation module 50 has recognized a trailer operating state of the vehicle 10, this result is passed on to one or more driving assistance modules 70, 72, 74, [0049]: During trailer operation, this risk increases once again since the dimensions of the combination consisting of vehicle 10 and trailer 20 have increased and the driving properties therefore change. Upon trailer operation being recognized, the driving assistance module 72 automatically chooses a different mode of steering assistance, for example, and/or outputs acoustic or optical warning signals, claim 3: lane changing).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Donnevert with a reasonable expectation of success in order to automatically adapt at least one driving assistance function of a vehicle to a trailer operating state of the vehicle.
However, Du teaches wherein the processor sets start timing of a start of the lane change earlier when towing of a towed vehicle by the host vehicle is attached than when towing of a towed vehicle by the host vehicle is not attached (see at least page 2: lane changing time interval is the time interval corresponding to the corresponding trailer from the lane changing start to the lane changing end, page 3: lane changing time interval comprises: based on the first lane-changing time sub-interval and the second lane-changing time sub-interval obtained by dividing the critical point; said critical point is the time when said one trailer reaches the maximum transverse speed, page 3-page 4: adjusting unit is further used for determining the change time interval corresponding to each trailer by the following way: obtaining the lane changing duration corresponding to the tractor, and lane changing starting time; based on the lane changing duration and the lane changing starting time, determining the corresponding lane changing ending time, page 7: for trailer, each trailer corresponding to the lane changing time interval is as follows: . if the weight of the trailer is larger, the corresponding transverse lag time is larger, and the length of the trailer is longer, the corresponding transverse lag time is larger…corresponding time interval corresponding to trailer self-changing channel starting to changing channel ending, such as a trailer from T1 time begins to change channel, to T2 time ending lane changing, then the trailer corresponding to the lane changing time interval is [T1, T2], page 15: trailer comprises a tractor, and the tractor sequentially the longitudinal hanging multi-part trailer. The transverse lag time of each of these trailers is different, if the first trailer lags for 1 second, and the second trailer lags behind 1.6 seconds…pre-configured lane changing duration T and lane changing starting time Ta, so as to determine the corresponding channel changing ending time Tb (Tb = Ta + T) based on the lane changing duration and the lane changing starting time…target lane changing vehicle comprises a plurality of trailers, different trailers corresponding to the transverse lag time Td are different, based on this, each corresponding lane changing time interval is different, page 17: elapsed time is the lane changing duration T…it is in lane changing process time is [Ta + Td, Ta + T + Td], defining the changing time interval of the trailer).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Hatayama by incorporating the teachings of Du with a reasonable expectation of success in order to improve operation efficiency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20160144859 (“Yoo”) Yoo teaches wherein the processor sets increasing a lane change time when a vehicle has a larger dimension than when a vehicle has a smaller dimension (see at least [0043]: as the target vehicle gradually increases in size (such as a bus, a truck, etc.), the lane change time and path are also increased, so that the path of the target vehicle is estimated on the basis of the increased lane change time and path. Therefore, as shown in FIG. 4, the lane change completion time (T.sub.0) may be changed according to the vehicle size). Yoo teaches stably performing autonomous navigation with a lower possibility of collision risk (see at least Yoo [0016]).
US 20200307579 (“Mizoguchi”) (see at least [0028]: destination, [0030]: own vehicle location estimation calculator 12a obtains a current position coordinate (latitude, longitude) of the own vehicle M based on the positioning signal received by the GNSS receiver 13, performs map-matching of the position coordinate on the map information and estimates the own vehicle location (current location) on the road map, [0031]: traveling route setting calculator 12b refers to the local dynamic map, [0038]: If the target travel path is set to the branch lane side branching from the main lane, and the lane is to be changed to the branch lane direction from the main lane, first, timing for the lane change and timing for starting deceleration to reach the target vehicle speed in the lane change (deceleration start distance) are set. In this case, the timings are different depending on an entrance length Lb of the branch lane continuing to the main lane.)
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 ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668
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