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 .
Status of Claims
This Office Action is in response to the application filed on 10/03/2025. Claims 1, and 3-5 are presently pending and are presented for examination. Claim 2 was cancelled. Claims 1, and 3-5 were amended.
Reply to Remarks
Applicant’s arguments, see Page 8 of the Applicant's Remarks, filed 10/03/2025, with respect to the claim interpretations have been fully considered and are persuasive. Therefore, the interpretations have been withdrawn.
Applicant’s arguments, see Pages 8-9 of the Applicant's Remarks, filed 10/03/2025, with respect to the rejection(s) of claim(s) 1, and 3-5 under §112(b) have been fully considered and are not persuasive. Applicant argues that the amendments overcome this rejection. Examiner respectfully disagrees with Applicant’s Remarks.
The claims continue to lack a clear explanation of what a non-priority road is as the predetermined road condition is not explained, or how it is easier to satisfy as the claim does not explain what a preset collision mode range means, or how much earlier the predetermined condition is checked and thus set and made “easier” to satisfy.
Applicant’s arguments, see Pages 9-13 of the Applicant's Remarks, filed 10/03/2025, with respect to the rejection(s) of claim(s) 1, and 3-5 under §103 have been fully considered and are not persuasive. Applicant argues that Kamiya does not set the predetermined determination condition to be easier to satisfy when the own vehicle road is the non-priority road as compared to when the own vehicle road is not the non-priority road, wherein the electronic control unit is configured to set the predetermined determination condition to be easier to satisfy by expanding a preset collision mode range based on the determination that the own vehicle road is the non- priority road. Examiner respectfully disagrees with Applicant’s Remarks.
Examiner notes that the present rejection utilizes Kamiya, and Suzuki to teach the entirety of this rejection. Further, as noted in the rejection, Kamiya does determine the road priority prior to determining whether to initiate a type of braking contrary to what the Applicant has argued. The Applicant’s claims are not so narrow as to render a reference determining the type of braking based on the determination that braking is necessary to be unapplicable to the determination of whether braking is necessary, as the Applicant’s own claims first determine a chance of collision before determining the need for braking, just like Kamiya. As the Examiner has noted, it is un-determinable how the predetermined condition is set to be easier to satisfy based on road priority as the claim does not explain what a preset collision mode range means.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, and 3-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Based on the context of the claim language, original disclosure, and the requisite knowledge a person of ordinary skill in the art, it is unclear what the limitations (1) “non-priority road” and (2) “wherein the predetermined determination condition is set to be easier to satisfy when the own vehicle road is the non-priority road as compared to when the own vehicle road is not the non-priority road” actually mean. The broadest reasonable interpretation, BRI, of the limitation (2), is that the predetermined condition includes a condition or state where there is any amount of risk of a collision with another vehicle, which would be whenever the vehicle is on a road with another vehicle. Nevertheless, the Examiner has interpreted the claim, and its indefinite limitations (1) and (2), to mean that the vehicle must brake whenever there is a risk of collision and that if the road is determined to be a type of road that requires the self-vehicle to stop, then the vehicle should brake even harder because there is a definite need to initiate braking the vehicle.
Further, in claim 3, it is unclear what the limitation “permission determination is performed earlier” actually means. The BRI of the limitation can mean that the time period encompassing “earlier” spans between when the vehicle starts to before the vehicle detects the another vehicle, or enters the so-called non-priority road. Further it is unclear who is even giving the permission, a human or a computer. Nevertheless, the Examiner has interpreted the claim to mean that the braking must be performed earlier, because the computer has ordered the braking, thus giving permission, when the determination criterion, called the predetermined condition, is changed, and the road is of the correct type.
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.
Claims 1, 4, and 5 are rejected under 35 U.S.C. § 103 as being unpatentable over Kamiya et al., US-20210039636-A1, in view of Suzuki et al., US-20190272744-A1, hereinafter referred to as Kamiya, and Suzuki.
As per claim 1
Kamiya discloses [a] collision avoidance support device comprising (collision avoidance controller 20 - Kamiya ¶30):
a surrounding information acquisition device, including a camera sensor, a radar sensor, and a navigation device, that acquires surrounding information around an own vehicle (collision avoidance controller 20 determines whether the moving-object recognizer 21 has recognized the vehicle 200 from information received by the V2X transceiver 16, step S140, the image analyzer 22 of the collision avoidance controller 20 causes the camera 14 to image in the forward direction of the own vehicle 100 - Kamiya ¶30 & ¶34);
an electronic control unit, including one or more processors that execute a program stored in a memory, configured to (are implemented by the CPU 19 executing computer programs… collision avoidance controller 20 may be configured as a dedicated computer that is provided by forming a processor - Kamiya ¶21):
determine whether there is another vehicle traveling toward an own vehicle road on a road intersecting the own vehicle road (whether the future movement trajectory of the vehicle 200 is a trajectory of a vehicle likely colliding with the own vehicle 100, S160, - Fig 2 (100, 200) + Kamiya ¶33);
based upon the determination that there is the another vehicle traveling toward the own vehicle road, determine that the own vehicle road is a non-priority road when a predetermined road condition is present according to the information acquired by the surrounding information acquisition device (step S230, the risk-index calculator 25 determines whether the road 310 is a road with priority. If the road 310 is a road with priority, then the process flow proceeds to step S240…If the road 310 is not a road with priority, then the process flow proceeds directly to step S250. For example, the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14, risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority…intersection between the road 310 and the road 300, the risk-index calculator 25 may determine that the road 310 crossing the road 300 is a road with priority - Kamiya ¶40 & ¶55);
based upon the determination that the own vehicle road is the non-priority road, set a predetermined determination condition that is used to determine whether an automatic braking for decelerating the own vehicle should be executed, wherein the predetermined determination condition is set to be easier to satisfy when the own vehicle road is the non-priority road as compared to when the own vehicle road is not the non-priority road (step S230, the risk-index calculator 25 determines whether the road 310 is a road with priority. If the road 310 is a road with priority, then the process flow proceeds to step S240. At step S240, the risk-index calculator 25 adds a value c to the risk index to increase the risk index, which is followed by step S250. If the road 310 is not a road with priority, then the process flow proceeds directly to step S250. For example, the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14, risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority…intersection between the road 310 and the road 300, the risk-index calculator 25 may determine that the road 310 crossing the road 300 is a road with priority…determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55);
determine whether there is a possibility of a collision between the another vehicle traveling on the road intersecting the own vehicle road and the own vehicle based on the information acquired by the surrounding information acquisition device (whether the future movement trajectory of the vehicle 200 is a trajectory of a vehicle likely colliding with the own vehicle 100, S160, - Fig 2 (100, 200) + Kamiya ¶33);
based upon the determination that there is the possibility of the collision, determine whether the automatic braking for decelerating the own vehicle should be executed based on a-the predetermined determination condition being satisfied (determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55);
decelerate the own vehicle by the automatic braking when it is determined that the automatic braking should be executed due to the predetermined determination condition being satisfied (determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55).
Kamiya does not specifically disclose wherein the electronic control unit is configured to set the predetermined determination condition to be easier to satisfy by expanding a preset collision mode range.
However, Suzuki teaches wherein the electronic control unit is configured to set the predetermined determination condition to be easier to satisfy by expanding a preset collision mode range (priority of the second travel path 130 is higher than the priority of the first travel path 120, the action planning unit 58 sets the approach enabled distance A. For example, the predetermined distance A1 shown in FIG. 6A is expanded to the predetermined distance A2 (which is greater than A1) shown in FIG. 6B, When the approach enabled distance A is expanded to the predetermined distance A2, as in step S14, then if the distance between the host vehicle 10 and the other vehicle 100 becomes less than or equal to the predetermined distance A2, the host vehicle 10 is decelerated - Suzuki ¶86-¶87).
Kamiya discloses a collision avoidance apparatus for moving objects, such as vehicles. Suzuki teaches a vehicle control device adapted to automatically drive or provide driving assistance to a host vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kamiya, a collision avoidance apparatus for moving objects, such as vehicles, with a vehicle control device adapted to automatically drive or provide driving assistance to a host vehicle, as taught by Suzuki, with a reasonable expectation of success to hasten the timing at which the host vehicle begins to decelerate and so that the host vehicle can decelerate appropriately before reaching the second travel path, see Suzuki ¶26-¶27 for details.
As per claim 4
Kamiya discloses [a] collision avoidance support method comprising (collision avoidance controller 20 - Kamiya ¶30):
determining whether there is another vehicle traveling on a road intersecting an own vehicle road toward the own vehicle road (whether the future movement trajectory of the vehicle 200 is a trajectory of a vehicle likely colliding with the own vehicle 100, S160, - Fig 2 (100, 200) + Kamiya ¶33);
based upon the determination that there is the another vehicle traveling toward the own vehicle road, determining that the own vehicle road is a non-priority road when a predetermined road condition is present according to surrounding information acquired by at least one of a camera sensor, a radar sensor, and a navigation device (step S230, the risk-index calculator 25 determines whether the road 310 is a road with priority. If the road 310 is a road with priority, then the process flow proceeds to step S240…If the road 310 is not a road with priority, then the process flow proceeds directly to step S250. For example, the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14, risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority…intersection between the road 310 and the road 300, the risk-index calculator 25 may determine that the road 310 crossing the road 300 is a road with priority - Kamiya ¶40 & ¶55);
based upon the determination that the own vehicle road is the non-priority road, setting a predetermined determination condition that is used to determine whether an automatic braking for decelerating the own vehicle should be executed, wherein the predetermined determination condition is set to be easier to satisfy when the own vehicle road is the non-priority road as compared to when the own vehicle road is not the non-priority road (step S230, the risk-index calculator 25 determines whether the road 310 is a road with priority. If the road 310 is a road with priority, then the process flow proceeds to step S240. At step S240, the risk-index calculator 25 adds a value c to the risk index to increase the risk index, which is followed by step S250. If the road 310 is not a road with priority, then the process flow proceeds directly to step S250. For example, the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14, risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority…intersection between the road 310 and the road 300, the risk-index calculator 25 may determine that the road 310 crossing the road 300 is a road with priority…determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55);
determining whether there is a possibility of a collision between the another vehicle traveling on the road intersecting the own vehicle road and the own vehicle based on the surrounding information (whether the future movement trajectory of the vehicle 200 is a trajectory of a vehicle likely colliding with the own vehicle 100, S160, - Fig 2 (100, 200) + Kamiya ¶33);
based upon determining that there is the possibility of the collision determining whether the automatic braking for decelerating the own vehicle should be executed based on the predetermined determination condition being satisfied (determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55);
decelerating the own vehicle by the automatic braking when it is determined that the automatic braking should be executed due to the predetermined determination condition being satisfied (determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55).
Kamiya does not specifically disclose wherein the predetermined determination condition is set to be easier to satisfy by expanding a preset collision mode range.
However, Suzuki teaches wherein the predetermined determination condition is set to be easier to satisfy by expanding a preset collision mode range (priority of the second travel path 130 is higher than the priority of the first travel path 120, the action planning unit 58 sets the approach enabled distance A. For example, the predetermined distance A1 shown in FIG. 6A is expanded to the predetermined distance A2 (which is greater than A1) shown in FIG. 6B, When the approach enabled distance A is expanded to the predetermined distance A2, as in step S14, then if the distance between the host vehicle 10 and the other vehicle 100 becomes less than or equal to the predetermined distance A2, the host vehicle 10 is decelerated - Suzuki ¶86-¶87).
Kamiya discloses a collision avoidance apparatus for moving objects, such as vehicles. Suzuki teaches a vehicle control device adapted to automatically drive or provide driving assistance to a host vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kamiya, a collision avoidance apparatus for moving objects, such as vehicles, with a vehicle control device adapted to automatically drive or provide driving assistance to a host vehicle, as taught by Suzuki, with a reasonable expectation of success to hasten the timing at which the host vehicle begins to decelerate and so that the host vehicle can decelerate appropriately before reaching the second travel path, see Suzuki ¶26-¶27 for details.
As per claim 5
Kamiya discloses [a] non-transitory computer-readable storage medium storing a program for executing collision avoidance support control by causing an electronic control unit mounted on an own vehicle to execute (are implemented by the CPU 19 executing computer programs… collision avoidance controller 20 may be configured as a dedicated computer that is provided by forming a processor - Kamiya ¶21):
determining whether there is a another vehicle traveling on a road intersecting an own vehicle road toward the own vehicle road (whether the future movement trajectory of the vehicle 200 is a trajectory of a vehicle likely colliding with the own vehicle 100, S160, - Fig 2 (100, 200) + Kamiya ¶33);
based upon the determination that there is the another vehicle traveling toward the own vehicle road, determining that the own vehicle road is a non-priority road when a predetermined road condition is present according to surrounding information acquired by at least one of a camera sensor, a radar sensor, and a navigation device (step S230, the risk-index calculator 25 determines whether the road 310 is a road with priority. If the road 310 is a road with priority, then the process flow proceeds to step S240…If the road 310 is not a road with priority, then the process flow proceeds directly to step S250. For example, the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14, risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority…intersection between the road 310 and the road 300, the risk-index calculator 25 may determine that the road 310 crossing the road 300 is a road with priority - Kamiya ¶40 & ¶55);
based upon the determination that the own vehicle road is the non-priority road, setting a predetermined determination condition that is used to determine whether an automatic braking for decelerating the own vehicle should be executed, wherein the predetermined determination condition is set to be easier to satisfy when the own vehicle road is the non-priority road as compared to when the own vehicle road is not the non-priority road (step S230, the risk-index calculator 25 determines whether the road 310 is a road with priority. If the road 310 is a road with priority, then the process flow proceeds to step S240. At step S240, the risk-index calculator 25 adds a value c to the risk index to increase the risk index, which is followed by step S250. If the road 310 is not a road with priority, then the process flow proceeds directly to step S250. For example, the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14, risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority…intersection between the road 310 and the road 300, the risk-index calculator 25 may determine that the road 310 crossing the road 300 is a road with priority…determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55);
determining whether there is a possibility of a collision between the another vehicle traveling on the road intersecting the own vehicle road and the own vehicle based on the surrounding information (whether the future movement trajectory of the vehicle 200 is a trajectory of a vehicle likely colliding with the own vehicle 100, S160, - Fig 2 (100, 200) + Kamiya ¶33);
based upon determining that there is the possibility of the collision determining whether the automatic braking for decelerating the own vehicle should be executed based on the predetermined determination condition-being satisfied (determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55);
decelerating the own vehicle by the automatic braking when it is determined that the automatic braking should be executed due to the predetermined determination condition being satisfied (determine whether the risk index is equal to or greater than the predetermined threshold…collision avoidance controller 20 may direct the baking device 12 to apply heavy braking - Kamiya ¶40 & ¶55).
Kamiya does not specifically disclose wherein the predetermined determination condition is set to be easier to satisfy by expanding a preset collision mode range.
However, Suzuki teaches wherein the predetermined determination condition is set to be easier to satisfy by expanding a preset collision mode range (priority of the second travel path 130 is higher than the priority of the first travel path 120, the action planning unit 58 sets the approach enabled distance A. For example, the predetermined distance A1 shown in FIG. 6A is expanded to the predetermined distance A2 (which is greater than A1) shown in FIG. 6B, When the approach enabled distance A is expanded to the predetermined distance A2, as in step S14, then if the distance between the host vehicle 10 and the other vehicle 100 becomes less than or equal to the predetermined distance A2, the host vehicle 10 is decelerated - Suzuki ¶86-¶87).
Kamiya discloses a collision avoidance apparatus for moving objects, such as vehicles. Suzuki teaches a vehicle control device adapted to automatically drive or provide driving assistance to a host vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kamiya, a collision avoidance apparatus for moving objects, such as vehicles, with a vehicle control device adapted to automatically drive or provide driving assistance to a host vehicle, as taught by Suzuki, with a reasonable expectation of success to hasten the timing at which the host vehicle begins to decelerate and so that the host vehicle can decelerate appropriately before reaching the second travel path, see Suzuki ¶26-¶27 for details.
Claim 3 is rejected under 35 U.S.C. § 103 as being unpatentable over Kamiya, in view of Suzuki, as per claim 1, and further in view of Kato, JP-2008293438-A, hereinafter referred to as Kato (Translation by Espacenet).
As per claim 3
Kamiya does not specifically disclose wherein the electronic control unit is further configured to set the predetermined determination condition to be easier to satisfy by performing the determination, of whether to execute the automatic braking, earlier when it is determined that the own vehicle road is the non-priority road as compared to when it is determined that the own vehicle road is not the non-priority road.
However, Kato teaches wherein the electronic control unit is further configured to set the predetermined determination condition to be easier to satisfy by performing the determination, of whether to execute the automatic braking, earlier when it is determined that the own vehicle road is the non-priority road as compared to when it is determined that the own vehicle road is not the non-priority road (start of braking are performed earlier by changing the determination criterion based on TTC longer than usual. Examples of the specific area include a point where the host vehicle enters the priority road from the non-priority road, an intersection…In a specific area, the collision determination is made stricter (changed to the second determination criterion), so that the collision avoidance operation is performed more surely at an earlier stage, a collision avoidance operation is performed later than when a predetermined road environment does not exist immediately before the specific area, first road 104 and the second road 106 form a T-shaped road, and the first road 104 and the third road 108 form a cross road just before the T-shaped road. The first road 104 is a non-priority road with respect to the second road 106 and a priority road with respect to the third road 108 - Kato ¶23 & ¶24 & ¶28).
Kamiya discloses a collision avoidance apparatus for moving objects, such as vehicles. Kato teaches a collision prevention apparatus that prevents unnecessary collision avoidance operations and improves control accuracy.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kamiya, a collision avoidance apparatus for moving objects, such as vehicles, with a collision prevention apparatus that prevents unnecessary collision avoidance operations and improves control accuracy, as taught by Kato, with a reasonable expectation of success to reduce the malfunction of the collision avoidance operation in the predetermined road environment immediately before the specific area, see Kato ¶24 for details.
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 FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST.
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/F.A.S./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668