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 .
This final action is in response to Applicant’s filing dated September 12, 2025. Claims 1, 3-11 and 13-22 are currently pending and have been considered, as provided in more detail below.
*Examiner Note: Claim language is bolded. Cited References and Applicant’s arguments are italicized. Examiner interpretations are preceded with an asterisk *.
Response to Arguments
Applicant's arguments filed September 12, 2025 have been fully considered but they are not persuasive. Additionally, it should be noted that even with the addition of claims 2 and 12 into claims 1 and 11, respectively, the rejections of the claims remain proper. The base reference of Takamatsu is being relied upon to illustrate determining and changing between a first (higher-level) autonomous driving control and a second (lower-level) autonomous driving control, where the lower level control excludes functions/behaviors present in the higher lever control. Mudalige has been presented to illustrate multiple distinct control algorithms and parameter-based selection of control behavior during vehicle operation, including autonomous driving control behavior where certain parameters or control algorithms are not applied. On page 10 of Applicant’s remarks, the following argument is made “The purpose of Mudalige's "secondary sensor fusion module 12" is to "verify the primary sensor fusion module 110 using distinct algorithms.“ However, even if combined, the alleged combination does not disclose or suggest "wherein the first autonomous driving control algorithm is changed from a second autonomous driving control algorithm by applying the at least one autonomous driving parameter; ... perform, based on the second autonomous driving control algorithm, a second autonomous driving control associated with the vehicle, wherein the at least one autonomous driving parameter is not applied on the second autonomous driving control algorithm,"' as recited in present claim 1. The Examiner, respectfully, does not agree with this argument because Applicant is improperly conflating the secondary sensor fusion module/verification module with executing the vehicle control device. The Examiner’s reliance on Mudalige is based on the resulting control behavior and parameter-drive selection of control logic, not on the specific internal implementation of the sensor fusion or verification modules. The claims are directed to changes in autonomous driving control behavior at the system level, and neither the claims nor the applied references require that the parameter application or control change be performed within a particular internal module, but alternatively that the autonomous driving control executed for the vehicle is modified by the application of control parameters.
Also, regarding claim 1, Applicant makes the following assertions: However, even if combined, the alleged combination does not disclose or suggest "wherein the first autonomous driving control algorithm is changed from a second autonomous driving control algorithm by applying the at least one autonomous driving parameter; ... perform, based on the second autonomous driving control algorithm, a second autonomous driving control associated with the vehicle, wherein the at least one autonomous driving parameter is not applied on the second autonomous driving control algorithm,"' as recited in present claim 1. Applicant respectfully submits that the Office should not use Applicant's claim as a guide in formulating the obviousness rationale. This argument is not persuasive and the Examiner respectfully does not agree because the combination of Takamatsu and Mudalige does not rely on Applicant’s disclosure, but on predicable and well established autonomy system design principles such as higher autonomy resulting in a more aggressive/complex control algorithm and lower autonomy resulting in a simpler control algorithm with restricted parameters.
Upon consideration of Applicant’s arguments, Examiner clarifies that Takamatsu itself teaches the limitation of changing from a second autonomous driving control to a first autonomous driving control. Takamatsu discloses selectively setting a first driving control having a higher autonomous driving level and a second driving control with a lower autonomous driving level; and then switching between the first and second driving controls based on operating conditions – see at least para. [0055], [0072] and [0095] of Takamatsu for support. Due to the fact that the first driving control includes autonomous driving functions that are excluded from the second driving control, switching between the driving controls results in a change in the driving control algorithm executed for the vehicle.
As set forth in the non-final office action, Takamatsu teaches changing between autonomous driving controls associated with different autonomy levels, and Mudalige is relied upon to further illustrate parameter based modifications of autonomous driving control behavior. Therefore, the rejections to claims 1-20 have been maintained as outlined below.
Response to Amendment
Regarding the rejections under 35 USC §103, the amendments and arguments made to the claims fail to overcome the prior art. The rejections under 35 USC §103 are maintained as outlined below. Newly added claims 21-22 have also been addressed below.
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.
Claims 1, 3-11 and 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over Takamatsu et al. (US 2020/0110422 A1) in view of Mudalige et al. (US 2018/0136660 A1).
Regarding amended claim 1, Takamatsu discloses An apparatus, the apparatus (see at least
para. [0016] of Takamatsu which discloses “The driving control system 1 includes a driving control apparatus 100 and an onboard apparatus 200“) comprising:
a sensor device (Fig. 1, 60 and see at least para. [0017] of Takamatsu which describes “a sensor 60”);
a memory (Fig. 1, 12/13 and see at least para. [0031] of Takamatsu which discloses ” memory (ROM) 12 that stores programs … and a random access memory (RAM) 13 that serves as an accessible storage device”) configured to store instructions (see at least para. [0031] of Takamatsu which discloses ” an operation circuit that executes the programs stored“, *the stored programs include stored instructions); and
a control device (Fig. 1, 10 and see at least para. [0025] of Takamatsu which discloses “a control device 10”) operatively coupled to the sensor device and the memory (see at least para. [0084] of Takamatsu which discloses “the vehicle controller 70 executes the driving control in accordance with the command from the control device 10”, *since controller 70 responds to commands from control device 10 and memory 12/13 is coupled to control device 10 then control device 10 is also coupled to sensor device 60 since that communicates with controller 70) and comprising at least one controller (Fig. 1, 70 and see at least para. [0084] of Takamatsu which discloses “the vehicle controller 70 executes the driving control), wherein the instructions, when executed by the control device (see at least para. [0044] of Takamatsu which discloses “In order for the control device 10 to execute the driving plan by the autonomous driving, it may be necessary to accurately recognize the lane to travel in the future, which requires the first map MP1 including identification information of each lane”), cause the apparatus to:
determine an autonomous driving control level (see at least para. [0005] of Takamatsu which describes a “control level of autonomous driving“ and see at least para. [0039] of Takamatsu which discloses “a determination is made that the level of the autonomous driving is higher”) for a vehicle (see at least para. [0038] of Takamatsu which discloses “a vehicle travels along a route”);
based on the autonomous driving control level being higher than a specified level (see at least para. [0039] of Takamatsu which describes “a determination is made that the level of the autonomous driving is higher“ and see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control”), determine at least one autonomous driving parameter (see at least para. [0043] of Takamatsu which discloses “the control device 10 estimates the position of the vehicle using the first map MP1 which is a highly accurate map including at least the identification information for each lane, determines the travel lane for the vehicle and the future travel lane for the vehicle, determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving” and see at least para. [0022] of Takamatsu which discloses “The steering angle sensor 61 detects steering information, such as the steering amount, steering speed, and steering acceleration of the subject vehicle, and sends the steering information to the vehicle controller 70 and the driving control apparatus 100”) for the autonomous driving control level higher than the specified level (see at least para. [0072] of Takamatsu which discloses “the second driving control having a lower level of the autonomous driving than that of the first driving control is set”, *the second driving control is a specified level since it is lower than the firs driving control. Also see at least para. [0095] of Takamatsu which discloses “setting the second driving control with a lower level of the autonomous driving than that of the first driving control”);
while the vehicle is driving, determine, by using the sensor device, an object (see at least para. [0018] of Takamatsu which describes “ the existence of an object”) on a driving path of the vehicle (see at least para. [0043] of Takamatsu which discloses “determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”);
perform, based on the object and based on a first autonomous driving control algorithm, a first autonomous driving control (see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control. Specifically, the first driving control includes any one or more of the lane change driving control, the merging/branch driving control, and the intersection driving control by the autonomous driving using a lane prediction result in the traveling direction of the vehicle, while the second driving control does not include the lane change driving control, the merging/branch driving control, and the intersection driving control”, *This satisfies the first autonomous driving control associated with the vehicle, as the control device executes a first driving control having a higher autonomous driving level, which includes autonomous driving features such as lane change control to control vehicle motion without human operation) associated with the vehicle (see at least para. [0043] of Takamatsu which discloses “the control device 10 estimates the position of the vehicle using the first map MP1 which is a highly accurate map including at least the identification information for each lane, determines the travel lane for the vehicle and the future travel lane for the vehicle, determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”), wherein the first autonomous driving control algorithm is changed from a second autonomous driving control algorithm (see at least para. [0055] of Takamatsu which discloses “a first route belonging to the first map MP1 and a second route belonging to the second map MP2. When traveling along the first route included in the route and belonging to the first map MP1, the control device 10 sets the first driving control, while when traveling along the second route included in the route and belonging to the second map MP2, the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control. The control device 10 then creates a driving plan for the vehicle to travel to the destination with the contents of the set driving control”, *Depending on the permitted conditions, the control device sets the first driving control and when conditions do not permit, it sets the second driving control because the first driving control includes functions that re not present in the second driving control. The autonomous driving control logic executed by the control device is changed, which corresponds to changing from one autonomous driving control algorithm to another)
based on a second autonomous driving control level (see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control. Specifically, the first driving control includes any one or more of the lane change driving control“) being not higher than the specified level (see at least para. [0055] of Takamatsu which discloses “the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control”), determine the second autonomous driving control algorithm (see at least para. [0055] of Takamatsu which discloses “the control device 10 sets the first driving control, while when traveling along the second route included in the route and belonging to the second map MP2, the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control”); and
perform, based on the second autonomous driving control algorithm, a second autonomous driving control associated with the vehicle (see at least para. [0084] of Takamatsu which discloses “the vehicle controller 70 executes the driving control in accordance with the command from the control device 10” and see at least para. [0043] of Takamatsu which discloses “he control device 10 estimates the position of the vehicle using the first map MP1 which is a highly accurate map including at least the identification information for each lane, determines the travel lane for the vehicle and the future travel lane for the vehicle, determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”, **This illustrates the second driving control governs steering, acceleration, and braking), wherein the at least one autonomous driving parameter is not applied on the second autonomous driving control algorithm (see at least para. [0055] of Takamatsu which discloses “When traveling along the first route included in the route and belonging to the first map MP1, the control device 10 sets the first driving control, while when traveling along the second route included in the route and belonging to the second map MP2, the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control. The control device 10 then creates a driving plan for the vehicle to travel to the destination with the contents of the set driving control”, *Takamatsu teaches determining a second autonomous driving control algorithm and performing a second autonomous driving control associated with the vehicle, as the control device selects and executes a second driving control having a lower autonomous driving level hewn conditions do not support the first driving control. See at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control. Specifically, the first driving control includes any one or more of the lane change driving control, the merging/branch driving control, and the intersection driving control by the autonomous driving using a lane prediction result in the traveling direction of the vehicle, while the second driving control does not include the lane change driving control, the merging/branch driving control, and the intersection driving control. When transitioning from the first route to the second route, the control device 10 switches the driving control from the first driving control to the second driving control having a lower level of the autonomous driving”, * This further teaches that the second driving control excludes autonomous driving functions included in the first driving control such as lane change and intersection control, thereby teaching that autonomous driving parameters applied in the first driving control are not applied in the second driving control)..
Takamatsu does disclose autonomous driving controls that work with elements to calculate and
process speed information and acceleration (see at least para. [0020] of Takamatsu which discloses “The detection device 50 processes the acquired image data to calculate the position of an object with respect to the subject vehicle or the distance from the object to the subject vehicle. The detection device 50 calculates the relative speed and relative acceleration between the subject vehicle and the object from a variation over time of the position of the object. As for a process of calculating the positional relationship between the subject vehicle and another vehicle based on the image data and a process of calculating the speed information based on the amount of variation over time of the positional relationship, any method known at the time of filing of the present application can be appropriately used”), and at least one autonomous driving parameter (see at least para. [0022] of Takamatsu which discloses “The steering angle sensor 61 detects steering information, such as the steering amount, steering speed, and steering acceleration of the subject vehicle, and sends the steering information to the vehicle controller 70 and the driving control apparatus 100”).
Takamatsu may not explicitly disclose changing by applying the at least one autonomous
driving parameter.
However, in the same field of endeavor, Mudalige et al. disclose the apparatus will perform,
based on the object (see at least para. [0040] of Mudalige which discloses “determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle” and see at least para. [0069] of Mudalige et al. which discloses “The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle”) and based on a first autonomous driving control algorithm (see at least para. [0003] of Mudalige which discloses “an automated driving system (ADS) control algorithm and configured to automatically control the actuator based on the ADS control algorithm”. This portion of Mudalige discloses an automated driving system (ADS) control algorithm configured to automatically control vehicle actuators. Also see at least para. [0040] of Mudalige which discloses “the ADS 24 includes multiple distinct control systems, including at least a perception system 32 for determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle. The perception system 32 is configured to receive inputs from a variety of sensors, such as the sensors 26 illustrated in FIG. 1, and synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *This demonstrates that the detected object information is used as an input to autonomous driving control algorithms that control vehicle actuators), changing by applying the at least one autonomous driving parameter (see at least para. [0040] of Mudalige which discloses a system to “synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *The use of these parameters is for inputs to control algorithms. Therefore, Mudalige teaches changing autonomous driving control behavior by applying parameters to control algorithms and Mudalige is used to show how control behavior is modified via parameters. As discussed with reference to para. [0003] of Mudalige, Mudalige discloses ADS control algorithms that control actuators).
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 apparatus of Takamatsu to change by applying the at least one autonomous driving parameter, as disclosed in Mudalige with a reasonable expectation of success in order to effectively provide an autonomous driving control apparatus of a vehicle and identify an autonomous driving control method to control autonomous driving of the vehicle based on an identified autonomous driving control. See para. [0040] of Mudalige for motivation.
Regarding claim 3, the combination of Takamatsu in view of Mudalige, discloses the at least
one controller (Fig. 1, 70 and see at least para. [0084] of Takamatsu which discloses “the vehicle controller 70 executes the driving control).
Mudalige further discloses a first controller (see at least para. [0007] of Mudalige which discloses “the at least one controller includes a first controller and a second controller, the first controller being programmed with the first sensor fusion algorithm and the second controller being programmed with the second sensor fusion algorithm”) comprising a first sensor fusion device (see at least para. [0015] of Mudalige et al. which discloses “a first sensor fusion output based on the first sensor readings, the first sensor fusion output including a first detected state of a detected object” provided by the controller), a determination device (see at least para. [0013] of Mudalige which discloses “receiving first sensor readings is performed via the first controller, determining a first fusion output is performed via the first controller, receiving second sensor readings is performed via the second controller, and determining a second fusion output is performed via the second controller” and see at least para. [0040] of Mudalige which discloses “perception system 32 for determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle. The perception system 32 is configured to receive inputs from a variety of sensors, such as the sensors 26 illustrated in FIG. 1, and synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”), an arbitration device (see at least para. [0081] of Mudalige which discloses an “arbitration module 148 receives the primary sensor fusion output 126 and the secondary sensor fusion output 146, and to output a final sensor fusion output 150. The sensor fusion arbitration module 148 is programmed to evaluate whether states of all tracked objects in the secondary sensor fusion output 146 are within a predefined range of corresponding states of tracked objects in the primary sensor fusion output 126 and vice-versa. As used here, states refer to various parameters associated with tracked objects, such as position, velocity, and acceleration. If so, i.e. the primary sensor fusion module 110 and secondary sensor fusion module 112 identify and track objects at generally the same states, then the sensor fusion arbitration module 148 outputs a final sensor fusion output 150 based on the primary sensor fusion output 126”), wherein the determination device is configured to apply the at least one autonomous driving parameter; and a second controller (see at least para. [0007] of Mudalige et al. which disclose “the at least one controller includes a first controller and a second controller, the first controller being programmed with the first sensor fusion algorithm and the second controller being programmed with the second sensor fusion algorithm”) comprising a second sensor fusion device (see at least para. [0009] of Mudalige which discloses “a second sensor fusion output based on the second sensor readings. The second sensor fusion output includes a second detected state of a detected object”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Takamatsu, as modified by Mudalige, to include a first controller comprising a first sensor fusion device, a determination device, an arbitration device, wherein the determination device is configured to apply the at least one autonomous driving parameter; and a second controller comprising a second sensor fusion device, as further taught by Mudalige with a reasonable expectation of success in order to facilitate the effective processing of pieces of information obtained by the sensor device. See para. [0015] of Mudalige for motivation.
Regarding claim 4, the combination of Takamatsu in view of Mudalige, discloses wherein
the instructions, when executed by the control device, cause the apparatus (see at least para. [0016] of Takamatsu which discloses “The driving control system 1 includes a driving control apparatus 100 and an onboard apparatus 200“) to: obtain information for controlling the vehicle (see at least para. [0022] of Takamatsu which discloses “The sensor 60 according to one or more embodiments of the present invention includes a steering angle sensor 61 and a vehicle speed sensor 62. The steering angle sensor 61 detects steering information, such as the steering amount, steering speed, and steering acceleration of the subject vehicle, and sends the steering information to the vehicle controller 70 and the driving control apparatus 100”) by using the sensor device (Fig. 1, 60 and see at least para. [0017] of Takamatsu which describes “a sensor 60”); and transmit at least part of the information to at least one of the first controller (see at least para. [0024] of Takamatsu which discloses “a power transmission device including a drive shaft and an automatic transmission that transmit the output of the traveling drive sources to the drive wheels, and a braking device that brakes the wheels. The driving device 80 generates respective control signals for these components of the drive mechanism and executes the driving control including acceleration and deceleration of the vehicle. These control signals for the drive mechanism are generated on the basis of input signals by an accelerator operation and a brake operation of the driver and control signals acquired from the vehicle controller 70”), the second controller, or a combination of the first controller and the second controller (see at least para. [0007 of Mudalige which discloses “the at least one controller includes a first controller and a second controller, the first controller being programmed with the first sensor fusion algorithm and the second controller being programmed with the second sensor fusion algorithm”).
Regarding claim 5, the combination of Takamatsu in view of Mudalige, discloses wherein
the instructions (see at least para. [0031] of Takamatsu which discloses ” an operation circuit that executes the programs stored“), when executed by the control device (see at least para. [0044] of Takamatsu which discloses “In order for the control device 10 to execute the driving plan by the autonomous driving, it may be necessary to accurately recognize the lane to travel in the future, which requires the first map MP1 including identification information of each lane”).
Mudalige further discloses causing the apparatus to: process the information by using at least one of the first sensor fusion device (see at least para. [0015] of Mudalige et al. which discloses “a first sensor fusion output based on the first sensor readings, the first sensor fusion output including a first detected state of a detected object” provided by the controller), the second sensor fusion device (see at least para. [0009] of Mudalige which discloses “a second sensor fusion output based on the second sensor readings. The second sensor fusion output includes a second detected state of a detected object”), or a combination of the first sensor fusion device and the second sensor fusion device;
and transmit, to the determination device (see at least para. [0013] of Mudalige which discloses “receiving first sensor readings is performed via the first controller, determining a first fusion output is performed via the first controller, receiving second sensor readings is performed via the second controller, and determining a second fusion output is performed via the second controller” and see at least para. [0040] of Mudalige which discloses “perception system 32 for determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle. The perception system 32 is configured to receive inputs from a variety of sensors, such as the sensors 26 illustrated in FIG. 1, and synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”), first data processed by the first sensor fusion device and second data processed by the second sensor fusion device (see at least para. [0003] of Mudalige which discloses “a second sensor fusion output based on the second sensor readings. The second sensor fusion output includes a second detected state of the detected object”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Takamatsu, as modified by Mudalige, to process the information by using at least one of the first sensor fusion device, the second sensor fusion device, or a combination of the first sensor fusion device and the second sensor fusion device; and transmit, to the determination device, first data processed by the first sensor fusion device and second data processed by the second sensor fusion device, as further taught by Mudalige with a reasonable expectation of success in order to effectively execute the instructions of the driving control algorithm. See para. [0013] of Mudalige for motivation.
Regarding claim 6, the combination of Takamatsu in view of Mudalige, discloses
wherein the instructions, when executed by the control device, cause the apparatus to: generate, by using the determination device, a plurality of determination results for avoiding the object (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79 received from an online database or the remote access center 78 to determine a vehicle path to be followed to maintain the vehicle on the desired route while obeying traffic laws and avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route“); select, by using the arbitration device, at least one determination result from among the plurality of determination results (see at least para. [0081] of Mudalige which discloses an “arbitration module 148 receives the primary sensor fusion output 126 and the secondary sensor fusion output 146, and to output a final sensor fusion output 150. The sensor fusion arbitration module 148 is programmed to evaluate whether states of all tracked objects in the secondary sensor fusion output 146 are within a predefined range of corresponding states of tracked objects in the primary sensor fusion output 126 and vice-versa. As used here, states refer to various parameters associated with tracked objects, such as position, velocity, and acceleration. If so, i.e. the primary sensor fusion module 110 and secondary sensor fusion module 112 identify and track objects at generally the same states, then the sensor fusion arbitration module 148 outputs a final sensor fusion output 150 based on the primary sensor fusion output 126”); and perform the first autonomous driving control (see at least para. [0038] of Takamatsu which discloses “To perform high-level automated or autonomous driving such that a vehicle travels along a route in an automated or autonomous manner without requiring human operation, accurate recognition of a travel lane for the vehicle to travel in the future is required. To accurately perform forward prediction (recognition) that enables the autonomous/automated driving, highly accurate digital map information (highly accurate map, dynamic map) is required. In other words, to execute the autonomous driving at a high level, the first map MP1 is required with which at least a lane can be identified”) by performing, based on the selected at least one determination result, the first autonomous driving control (see at least para. [0034] of Mudalige which discloses “performance by an automated driving system of all aspects of the dynamic driving task, even if a human driver does not respond appropriately to a request to intervene. A Level Five system indicates “full automation”, referring to the full-time performance by an automated driving system of all aspects of the dynamic driving task”).
Regarding claim 7, the combination of Takamatsu in view of Mudalige, discloses wherein
the instructions, when executed by the control device, cause the apparatus to: select the at least one determination result (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79 received from an online database or the remote access center 78 to determine a vehicle path to be followed to maintain the vehicle on the desired route while obeying traffic laws and avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route“, *Examiner interprets these outputs and information to be determination results), from among the plurality of determination results, based on at least one of: a type of the object, a determination whether the object is a moving object or a stationary object, a size of the object, or a movement speed of the object (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79, *Examiner interprets the routing information 79 to be a determination of whether the object is a moving object. Also, Examiner interprets that since these limitations are cited in the alternative only 1 limitation is required, i.e., a determination whether the object is a moving object or a stationary object).
Regarding claim 8, the combination of Takamatsu and Mudalige, discloses wherein the
instructions (see at least para. [0031] of Takamatsu which discloses ” an operation circuit that executes the programs stored“), when executed by the control device (Fig. 1, 10 and see at least para. [0025] of Takamatsu which discloses “a control device 10”), cause the apparatus to: based on the autonomous driving control level being higher than the specified level (see at least para. [0039] of Takamatsu which describes “a determination is made that the level of the autonomous driving is higher“ and see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control”).
Mudalige further discloses identify the first autonomous driving control algorithm (see at
least para. [0003] of Mudalige which discloses “an automated driving system (ADS) control algorithm and configured to automatically control the actuator based on the ADS control algorithm. The ADS control algorithm includes a first sensor fusion algorithm”), corresponding to the autonomous driving control level (see at least para. [0005] of Takamatsu which describes a “control level of autonomous driving” and see at least para. [0039] of Takamatsu which discloses “a determination is made that the level of the autonomous driving is higher”, *Examiner interprets this as determining an autonomous driving control level); activate an obstacle avoidance control apparatus (see at least para. [0069] of Mudalige which discloses “avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route”, *Examiner interprets the module 50 will activate the obstacle avoidance control) corresponding to the autonomous driving control level; and perform the first autonomous driving control further based on the obstacle avoidance control apparatus (see at least para. [0069] of Mudalige which discloses “The path planning output 51 includes a commanded vehicle path based on the vehicle route, vehicle location relative to the route, location and orientation of traffic lanes, and the presence and path of any detected obstacles”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Takamatsu, as modified by Mudalige, to identify the first autonomous driving control algorithm, corresponding to the autonomous driving control level; activate an obstacle avoidance control apparatus corresponding to the autonomous driving control level; and perform the first autonomous driving control further based on the obstacle avoidance control apparatus, as further taught by Mudalige with a reasonable expectation of success in order to effectively avoid obstacles so that the autonomous driving control level is not interrupted. See para. [0069] of Mudalige for motivation.
Regarding claim 9, Takamatsu, as modified by Mudalige, discloses wherein the first
autonomous driving control algorithm comprises at least one of: an increase in driving speed limit (see at least para. [0022] of Takamatsu which discloses “The vehicle speed sensor 62 detects the vehicle speed and acceleration of the subject vehicle and sends them to the vehicle controller 70 and the driving control apparatus 100”), an expansion of sensing data overlap area, a change in user intent identification criterion (see at least para. [0051] of Takamatsu which discloses “the mode for assisting the driving based on the driver's intention (in which the driver determines the driving operation and the operation is assisted) can be executed”, *Examiner interprets this a change in user intent identification criterion), or an activation of determination of whether another vehicle cuts in (see at least para. [0066] of Takamatsu which discloses “When switching between the first driving control and the second driving control, the vehicle behavior changes to some extent, but even if a change occurs in the vehicle behavior, the change in the behavior of the vehicle is made smooth. This can make moderate the change in the vehicle behavior due to switching of the driving control and prevent the influence on the driving of another vehicle” and see at least para. [0093] of Takamatsu which discloses “It is possible to respond to the adjustment of the lateral position even if another vehicle approaches after execution of the driving control”, *Examiner interprets this as another vehicle cutting in, *Examiner interprets that since these limitations are cited in the alternative only 1 limitation is required, i.e., an increase in driving speed limit, a change in user intent identification criterion, or an activation of determination of whether another vehicle cuts in).
Regarding claim 10, Takamatsu, as modified by Mudalige, discloses wherein the obstacle
avoidance control apparatus (see at least para. [0043] of Takamatsu which discloses “determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”) comprises a control apparatus for driving control for avoiding a stationary object (see at least para. [0077] of Takamatsu which discloses “the control device 10 recognizes an object such as another vehicle as an obstacle which the vehicle should avoid” and see at least para. [0078] of Takamatsu which discloses “The target positions are those at which the vehicle is avoided from coming close to/coming into contact with an obstacle“), wherein the stationary object is an object present on the driving path of the vehicle (see at least para. [0058] of Takamatsu which discloses “The sensor 60 of the subject vehicle V1 detects other vehicles V21, V22 and V23 as obstacles and the lane change driving is performed to avoid the other vehicles so that the subject vehicle V1 moves rightward from the currently traveling lane Ln1 toward the lane Ln3 via the lane Ln2 and then returns from the lane Ln3 to the lane Ln1 via the lane Ln2. Such driving control requires a high level of recognition to predict the future travel lane, and information on the highly accurate map is essential for the driving control”).
Regarding claim 11, Takamatsu discloses A method comprising: determining, by a control
device (Fig. 1, 10 and see at least para. [0025] of Takamatsu which discloses “a control device 10”), an autonomous driving control level (see at least para. [0005] of Takamatsu which describes a “control level of autonomous driving“ and see at least para. [0039] of Takamatsu which discloses “a determination is made that the level of the autonomous driving is higher”, *Examiner interprets this as determining an autonomous driving control level) for a vehicle (see at least para. [0038] of Takamatsu which discloses “a vehicle travels along a route”); based on the autonomous driving control level being higher than a specified level (see at least para. [0039] of Takamatsu which describes “a determination is made that the level of the autonomous driving is higher“ and see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control”), determining, by the control device, at least one autonomous driving parameter (see at least para. [0022] of Takamatsu which discloses “The steering angle sensor 61 detects steering information, such as the steering amount, steering speed, and steering acceleration of the subject vehicle, and sends the steering information to the vehicle controller 70 and the driving control apparatus 100”, *Examiner interprets steering information to be a driving parameter) for the autonomous driving control level higher than the specified level (see at least para. [0072] of Takamatsu which discloses “the second driving control having a lower level of the autonomous driving than that of the first driving control is set”, *Examiner interprets the second driving control to be a specified level since it is lower than the firs driving control. Also see at least para. [0095] of Takamatsu which discloses “setting the second driving control with a lower level of the autonomous driving than that of the first driving control”); while the vehicle is driving, determining, by the control device and by using a sensor device (Fig. 1, 60 and see at least para. [0017] of Takamatsu which describes “a sensor 60”), an object (see at least para. [0018] of Takamatsu which describes “ the existence of an object”) on a driving path of the vehicle (see at least para. [0043] of Takamatsu which discloses “determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”); performing, based on the object and based on a first autonomous driving control algorithm, a first autonomous driving control (see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control. Specifically, the first driving control includes any one or more of the lane change driving control, the merging/branch driving control, and the intersection driving control by the autonomous driving using a lane prediction result in the traveling direction of the vehicle, while the second driving control does not include the lane change driving control, the merging/branch driving control, and the intersection driving control”, *This satisfies the first autonomous driving control associated with the vehicle, as the control device executes a first driving control having a higher autonomous driving level, which includes autonomous driving features such as lane change control to control vehicle motion without human operation) associated with the vehicle (see at least para. [0043] of Takamatsu which discloses “the control device 10 estimates the position of the vehicle using the first map MP1 which is a highly accurate map including at least the identification information for each lane, determines the travel lane for the vehicle and the future travel lane for the vehicle, determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”), wherein the first autonomous driving control algorithm is changed from a second autonomous driving control algorithm (see at least para. [0055] of Takamatsu which discloses “a first route belonging to the first map MP1 and a second route belonging to the second map MP2. When traveling along the first route included in the route and belonging to the first map MP1, the control device 10 sets the first driving control, while when traveling along the second route included in the route and belonging to the second map MP2, the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control. The control device 10 then creates a driving plan for the vehicle to travel to the destination with the contents of the set driving control”, *Depending on the permitted conditions, the control device sets the first driving control and when conditions do not permit, it sets the second driving control because the first driving control includes functions that re not present in the second driving control. The autonomous driving control logic executed by the control device is changed, which corresponds to changing from one autonomous driving control algorithm to another) based on a second autonomous driving control level (see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control. Specifically, the first driving control includes any one or more of the lane change driving control“) being not higher than the specified level (see at least para. [0055] of Takamatsu which discloses “the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control”), determining, by the control device, the second autonomous driving control algorithm (see at least para. [0055] of Takamatsu which discloses “the control device 10 sets the first driving control, while when traveling along the second route included in the route and belonging to the second map MP2, the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control”); and performing, by the control device and based on the second autonomous driving control algorithm, a second autonomous driving control associated with the vehicle (see at least para. [0084] of Takamatsu which discloses “the vehicle controller 70 executes the driving control in accordance with the command from the control device 10” and see at least para. [0043] of Takamatsu which discloses “he control device 10 estimates the position of the vehicle using the first map MP1 which is a highly accurate map including at least the identification information for each lane, determines the travel lane for the vehicle and the future travel lane for the vehicle, determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”, **This illustrates the second driving control governs steering, acceleration, and braking), wherein the at least one autonomous driving parameter is not applied on the second autonomous driving control algorithm (see at least para. [0055] of Takamatsu which discloses “When traveling along the first route included in the route and belonging to the first map MP1, the control device 10 sets the first driving control, while when traveling along the second route included in the route and belonging to the second map MP2, the control device 10 sets the second driving control with a lower level of the autonomous driving than that of the first driving control. The control device 10 then creates a driving plan for the vehicle to travel to the destination with the contents of the set driving control”, *Takamatsu teaches determining a second autonomous driving control algorithm and performing a second autonomous driving control associated with the vehicle, as the control device selects and executes a second driving control having a lower autonomous driving level hewn conditions do not support the first driving control. See at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control. Specifically, the first driving control includes any one or more of the lane change driving control, the merging/branch driving control, and the intersection driving control by the autonomous driving using a lane prediction result in the traveling direction of the vehicle, while the second driving control does not include the lane change driving control, the merging/branch driving control, and the intersection driving control. When transitioning from the first route to the second route, the control device 10 switches the driving control from the first driving control to the second driving control having a lower level of the autonomous driving”, * This further teaches that the second driving control excludes autonomous driving functions included in the first driving control such as lane change and intersection control, thereby teaching that autonomous driving parameters applied in the first driving control are not applied in the second driving control)..
Takamatsu does disclose autonomous driving controls that work with elements to calculate and
process speed information and acceleration (see at least para. [0020] of Takamatsu which discloses “The detection device 50 processes the acquired image data to calculate the position of an object with respect to the subject vehicle or the distance from the object to the subject vehicle. The detection device 50 calculates the relative speed and relative acceleration between the subject vehicle and the object from a variation over time of the position of the object. As for a process of calculating the positional relationship between the subject vehicle and another vehicle based on the image data and a process of calculating the speed information based on the amount of variation over time of the positional relationship, any method known at the time of filing of the present application can be appropriately used”), and at least one autonomous driving parameter (see at least para. [0022] of Takamatsu which discloses “The steering angle sensor 61 detects steering information, such as the steering amount, steering speed, and steering acceleration of the subject vehicle, and sends the steering information to the vehicle controller 70 and the driving control apparatus 100”).
Takamatsu may not explicitly disclose changing by applying the at least one autonomous
driving parameter.
However, in the same field of endeavor, Mudalige et al. disclose the apparatus will perform,
based on the object (see at least para. [0040] of Mudalige which discloses “determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle” and see at least para. [0069] of Mudalige et al. which discloses “The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle”) and based on a first autonomous driving control algorithm (see at least para. [0003] of Mudalige which discloses “an automated driving system (ADS) control algorithm and configured to automatically control the actuator based on the ADS control algorithm”. This portion of Mudalige discloses an automated driving system (ADS) control algorithm configured to automatically control vehicle actuators. Also see at least para. [0040] of Mudalige which discloses “the ADS 24 includes multiple distinct control systems, including at least a perception system 32 for determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle. The perception system 32 is configured to receive inputs from a variety of sensors, such as the sensors 26 illustrated in FIG. 1, and synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *This demonstrates that the detected object information is used as an input to autonomous driving control algorithms that control vehicle actuators), changing by applying the at least one autonomous driving parameter (see at least para. [0040] of Mudalige which discloses a system to “synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *The use of these parameters is for inputs to control algorithms. Therefore, Mudalige teaches changing autonomous driving control behavior by applying parameters to control algorithms and Mudalige is used to show how control behavior is modified via parameters. As discussed with reference to para. [0003] of Mudalige, Mudalige discloses ADS control algorithms that control actuators).
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 method of Takamatsu to change by applying the at least one autonomous driving parameter, as disclosed in Mudalige with a reasonable expectation of success in order to effectively provide an autonomous driving control apparatus of a vehicle and identify an autonomous driving control method to control autonomous driving of the vehicle based on an identified autonomous driving control. See para. [0040] of Mudalige for motivation.
Regarding claim 13, the combination of Takamatsu in view of Mudalige, discloses the
control device (Fig. 1, 10 and see at least para. [0025] of Takamatsu which discloses “a control device 10”) comprises at least one controller (Fig. 1, 70 and see at least para. [0084] of Takamatsu which discloses “the vehicle controller 70 executes the driving control).
Mudalige further discloses wherein the at least one controller comprises: a first controller (see at least para. [0007] of Mudalige which discloses “the at least one controller includes a first controller and a second controller, the first controller being programmed with the first sensor fusion algorithm and the second controller being programmed with the second sensor fusion algorithm”) comprising a first sensor fusion device (see at least para. [0015] of Mudalige et al. which discloses “a first sensor fusion output based on the first sensor readings, the first sensor fusion output including a first detected state of a detected object” provided by the controller), a determination device (see at least para. [0013] of Mudalige which discloses “receiving first sensor readings is performed via the first controller, determining a first fusion output is performed via the first controller, receiving second sensor readings is performed via the second controller, and determining a second fusion output is performed via the second controller” and see at least para. [0040] of Mudalige which discloses “perception system 32 for determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle. The perception system 32 is configured to receive inputs from a variety of sensors, such as the sensors 26 illustrated in FIG. 1, and synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *Examiner interprets the perception system 32 to be a determination device), an arbitration device (see at least para. [0081] of Mudalige which discloses an “arbitration module 148 receives the primary sensor fusion output 126 and the secondary sensor fusion output 146, and to output a final sensor fusion output 150. The sensor fusion arbitration module 148 is programmed to evaluate whether states of all tracked objects in the secondary sensor fusion output 146 are within a predefined range of corresponding states of tracked objects in the primary sensor fusion output 126 and vice-versa. As used here, states refer to various parameters associated with tracked objects, such as position, velocity, and acceleration. If so, i.e. the primary sensor fusion module 110 and secondary sensor fusion module 112 identify and track objects at generally the same states, then the sensor fusion arbitration module 148 outputs a final sensor fusion output 150 based on the primary sensor fusion output 126”), wherein the determination device is configured to apply the at least one autonomous driving parameter; and a second controller (see at least para. [0007] of Mudalige et al. which disclose “the at least one controller includes a first controller and a second controller, the first controller being programmed with the first sensor fusion algorithm and the second controller being programmed with the second sensor fusion algorithm”) comprising a second sensor fusion device (see at least para. [0009] of Mudalige which discloses “a second sensor fusion output based on the second sensor readings. The second sensor fusion output includes a second detected state of a detected object”, *Examiner interprets the second sensor that outputs based on sensor readings to be the second sensor fusion device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Takamatsu, as modified by Mudalige, to include a first controller comprising a first sensor fusion device, a determination device, an arbitration device, wherein the determination device is configured to apply the at least one autonomous driving parameter; and a second controller comprising a second sensor fusion device, as further taught by Mudalige with a reasonable expectation of success in order to facilitate the effective processing of pieces of information obtained by the sensor device. See para. [0015] of Mudalige for motivation.
Regarding claim 14, the combination of Takamatsu in view of Mudalige, discloses further
comprising: obtaining, by the control device, information for controlling the vehicle (see at least para. [0022] of Takamatsu which discloses “The sensor 60 according to one or more embodiments of the present invention includes a steering angle sensor 61 and a vehicle speed sensor 62. The steering angle sensor 61 detects steering information, such as the steering amount, steering speed, and steering acceleration of the subject vehicle, and sends the steering information to the vehicle controller 70 and the driving control apparatus 100”) by using the sensor device (Fig. 1, 60 and see at least para. [0017] of Takamatsu which describes “a sensor 60”); and transmitting, by the control device (see at least para. [0024] of Takamatsu which discloses “a power transmission device including a drive shaft and an automatic transmission that transmit the output of the traveling drive sources to the drive wheels, and a braking device that brakes the wheels. The driving device 80 generates respective control signals for these components of the drive mechanism and executes the driving control including acceleration and deceleration of the vehicle. These control signals for the drive mechanism are generated on the basis of input signals by an accelerator operation and a brake operation of the driver and control signals acquired from the vehicle controller 70”), at least part of the information to at least one of the first controller, the second controller, or a combination of the first controller and the second controller (see at least para. [0007 of Mudalige which discloses “the at least one controller includes a first controller and a second controller, the first controller being programmed with the first sensor fusion algorithm and the second controller being programmed with the second sensor fusion algorithm”).
Regarding claim 15, the combination of Takamatsu in view of Mudalige, discloses
further comprising: processing, by the control device (see at least para. [0044] of Takamatsu which discloses “In order for the control device 10 to execute the driving plan by the autonomous driving, it may be necessary to accurately recognize the lane to travel in the future, which requires the first map MP1 including identification information of each lane”) .
Mudalige further discloses causing the information by using at least one of the first sensor fusion device (see at least para. [0015] of Mudalige et al. which discloses “a first sensor fusion output based on the first sensor readings, the first sensor fusion output including a first detected state of a detected object” provided by the controller), the second sensor fusion device (see at least para. [0009] of Mudalige which discloses “a second sensor fusion output based on the second sensor readings. The second sensor fusion output includes a second detected state of a detected object”, *Examiner interprets the second sensor that outputs based on sensor readings to be the second sensor fusion device), or a combination of the first sensor fusion device and the second sensor fusion device;
and transmitting, by the control device to the determination device (see at least para. [0013] of Mudalige which discloses “receiving first sensor readings is performed via the first controller, determining a first fusion output is performed via the first controller, receiving second sensor readings is performed via the second controller, and determining a second fusion output is performed via the second controller” and see at least para. [0040] of Mudalige which discloses “perception system 32 for determining the presence, location, classification, and path of detected features or objects in the vicinity of the vehicle. The perception system 32 is configured to receive inputs from a variety of sensors, such as the sensors 26 illustrated in FIG. 1, and synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *Examiner interprets the perception system 32 to be a determination device), first data processed by the first sensor fusion device and second data processed by the second sensor fusion device (see at least para. [0003] of Mudalige which discloses “a second sensor fusion output based on the second sensor readings. The second sensor fusion output includes a second detected state of the detected object”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Takamatsu, as modified by Mudalige, to process the information by using at least one of the first sensor fusion device, the second sensor fusion device, or a combination of the first sensor fusion device and the second sensor fusion device; and transmitting, by the determination device, first data processed by the first sensor fusion device and second data processed by the second sensor fusion device, as further taught by Mudalige with a reasonable expectation of success in order to effectively execute the instructions of the driving control algorithm. See para. [0013] of Mudalige for motivation.
Regarding claim 16, the combination of Takamatsu in view of Mudalige, discloses
wherein the performing, by the control device, of the first autonomous driving control (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79 received from an online database or the remote access center 78 to determine a vehicle path to be followed to maintain the vehicle on the desired route while obeying traffic laws and avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route” and see at least para. [0070] of Mudalige which discloses “A first control module 52 processes and synthesizes the path planning output 51 and the vehicle location output 43 to generate a first control output 53. The first control module 52 also incorporates the routing information 79 provided by the remote access center 78”, *Examiner interprets the module 50 and module 52 to be the first autonomous driving control)comprises: generating, by using the determination device, a plurality of determination results for avoiding the object (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79 received from an online database or the remote access center 78 to determine a vehicle path to be followed to maintain the vehicle on the desired route while obeying traffic laws and avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route“, *Examiner interprets these outputs and information to be determination results); selecting, by using the arbitration device, at least one determination result from among the plurality of determination results (see at least para. [0081] of Mudalige which discloses an “arbitration module 148 receives the primary sensor fusion output 126 and the secondary sensor fusion output 146, and to output a final sensor fusion output 150. The sensor fusion arbitration module 148 is programmed to evaluate whether states of all tracked objects in the secondary sensor fusion output 146 are within a predefined range of corresponding states of tracked objects in the primary sensor fusion output 126 and vice-versa. As used here, states refer to various parameters associated with tracked objects, such as position, velocity, and acceleration. If so, i.e. the primary sensor fusion module 110 and secondary sensor fusion module 112 identify and track objects at generally the same states, then the sensor fusion arbitration module 148 outputs a final sensor fusion output 150 based on the primary sensor fusion output 126”); and performing, by the control device, the first autonomous driving control (see at least para. [0038] of Takamatsu which discloses “To perform high-level automated or autonomous driving such that a vehicle travels along a route in an automated or autonomous manner without requiring human operation, accurate recognition of a travel lane for the vehicle to travel in the future is required. To accurately perform forward prediction (recognition) that enables the autonomous/automated driving, highly accurate digital map information (highly accurate map, dynamic map) is required. In other words, to execute the autonomous driving at a high level, the first map MP1 is required with which at least a lane can be identified”) by performing, based on the selected at least one determination result, the first autonomous driving control (see at least para. [0034] of Mudalige which discloses “performance by an automated driving system of all aspects of the dynamic driving task, even if a human driver does not respond appropriately to a request to intervene. A Level Five system indicates “full automation”, referring to the full-time performance by an automated driving system of all aspects of the dynamic driving task”).
Regarding claim 17, the combination of Takamatsu in view of Mudalige, discloses wherein
the selecting of the at least one determination result (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79 received from an online database or the remote access center 78 to determine a vehicle path to be followed to maintain the vehicle on the desired route while obeying traffic laws and avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route“, *Examiner interprets these outputs and information to be determination results) from among the plurality of determination results comprises: selecting, by the control device, the at least one determination result (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79 received from an online database or the remote access center 78 to determine a vehicle path to be followed to maintain the vehicle on the desired route while obeying traffic laws and avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route“, *Examiner interprets these outputs and information to be determination results), from among the plurality of determination results, based on at least one of: a type of the object, a determination whether the object is a moving object or a stationary object, a size of the object, or a movement speed of the object (see at least para. [0069] of Mudalige which discloses “A path planning module 50 processes and synthesizes the object prediction output 39, the interpreted output 49, and additional routing information 79, *Examiner interprets the routing information 79 to be a determination of whether the object is a moving object. Also, Examiner interprets that since these limitations are cited in the alternative only 1 limitation is required, i.e., a determination whether the object is a moving object or a stationary object).
Regarding claim 18, the combination of Takamatsu and Mudalige, discloses wherein the
performing of the first autonomous driving control comprises: based on the autonomous driving control level being higher than the specified level (see at least para. [0039] of Takamatsu which describes “a determination is made that the level of the autonomous driving is higher“ and see at least para. [0072] of Takamatsu which discloses “The first driving control has a higher degree of the autonomous driving level than that of the second driving control, that is, a higher degree of not requiring human operation than that of the second driving control”).
Mudalige further discloses identifying, by the control device, the first autonomous driving control algorithm (see at least para. [0003] of Mudalige which discloses “an automated driving system (ADS) control algorithm and configured to automatically control the actuator based on the ADS control algorithm. The ADS control algorithm includes a first sensor fusion algorithm”), corresponding to the autonomous driving control level (see at least para. [0005] of Takamatsu which describes a “control level of autonomous driving” and see at least para. [0039] of Takamatsu which discloses “a determination is made that the level of the autonomous driving is higher”, *Examiner interprets this as determining an autonomous driving control level); activating, by the control device, an obstacle avoidance control apparatus (see at least para. [0069] of Mudalige which discloses “avoiding any detected obstacles. The path planning module 50 employs algorithms configured to avoid any detected obstacles in the vicinity of the vehicle, maintain the vehicle in a current traffic lane, and maintain the vehicle on the desired route”, *Examiner interprets the module 50 will activate the obstacle avoidance control) corresponding to the autonomous driving control level; and performing, by the control device, the first autonomous driving control further based on the obstacle avoidance control apparatus (see at least para. [0069] of Mudalige which discloses “The path planning output 51 includes a commanded vehicle path based on the vehicle route, vehicle location relative to the route, location and orientation of traffic lanes, and the presence and path of any detected obstacles”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus of Takamatsu, as modified by Mudalige, to include identifying, by the control device, the first autonomous driving control algorithm corresponding to the autonomous driving control level; activating, by the control device, an obstacle avoidance control apparatus corresponding to the autonomous driving control level; and performing, by the control device, the first autonomous driving control further based on the obstacle avoidance control apparatus, as further taught by Mudalige with a reasonable expectation of success in order to effectively avoid obstacles so that the autonomous driving control level is not interrupted. See para. [0069] of Mudalige for motivation.
Regarding claim 19, Takamatsu, as modified by Mudalige, discloses wherein the first
autonomous driving control algorithm comprises at least one of: an increase in driving speed limit (see at least para. [0022] of Takamatsu which discloses “The vehicle speed sensor 62 detects the vehicle speed and acceleration of the subject vehicle and sends them to the vehicle controller 70 and the driving control apparatus 100”), an expansion of sensing data overlap area, a change in user intent identification criterion (see at least para. [0051] of Takamatsu which discloses “the mode for assisting the driving based on the driver's intention (in which the driver determines the driving operation and the operation is assisted) can be executed”, *Examiner interprets this a change in user intent identification criterion), or an activation of determination of whether another vehicle cuts in (see at least para. [0066] of Takamatsu which discloses “When switching between the first driving control and the second driving control, the vehicle behavior changes to some extent, but even if a change occurs in the vehicle behavior, the change in the behavior of the vehicle is made smooth. This can make moderate the change in the vehicle behavior due to switching of the driving control and prevent the influence on the driving of another vehicle” and see at least para. [0093] of Takamatsu which discloses “It is possible to respond to the adjustment of the lateral position even if another vehicle approaches after execution of the driving control”, *Examiner interprets this as another vehicle cutting in, *Examiner interprets that since these limitations are cited in the alternative only 1 limitation is required, i.e., an increase in driving speed limit, a change in user intent identification criterion, or an activation of determination of whether another vehicle cuts in).
Regarding claim 20, Takamatsu, as modified by Mudalige, discloses wherein the obstacle
avoidance control apparatus (see at least para. [0043] of Takamatsu which discloses “determines the situation of obstacles and travel paths in the travel lane, and controls the lateral position of the vehicle (steering/steering amount/steering speed) and the longitudinal position of the vehicle (operation/operation amount/operation speed of accelerator/brake) in accordance with the situation thereby to execute the autonomous driving”) comprises a control apparatus for driving control for avoiding a stationary object (see at least para. [0077] of Takamatsu which discloses “the control device 10 recognizes an object such as another vehicle as an obstacle which the vehicle should avoid” and see at least para. [0078] of Takamatsu which discloses “The target positions are those at which the vehicle is avoided from coming close to/coming into contact with an obstacle“), wherein the stationary object is an object present on the driving path of the vehicle (see at least para. [0058] of Takamatsu which discloses “The sensor 60 of the subject vehicle V1 detects other vehicles V21, V22 and V23 as obstacles and the lane change driving is performed to avoid the other vehicles so that the subject vehicle V1 moves rightward from the currently traveling lane Ln1 toward the lane Ln3 via the lane Ln2 and then returns from the lane Ln3 to the lane Ln1 via the lane Ln2. Such driving control requires a high level of recognition to predict the future travel lane, and information on the highly accurate map is essential for the driving control”).
Regarding newly added claim 21, Takamatsu, as modified by Mudalige discloses wherein the
instructions (see at least para. [0031] of Takamatsu which discloses ” an operation circuit that executes the programs stored“, *the stored programs include stored instructions), when executed by the control device, cause the apparatus to: during autonomous driving control of the vehicle, identify an error associated with at least one first controller of a plurality of controllers (see at least para. [0007] of Mudalige which discloses “the at least one controller includes a first controller and a second controller”); and adjust, based on the identified error (see at least para. [0081] of Mudalige which discloses “The sensor fusion arbitration module 148 is programmed to evaluate whether states of all tracked objects in the secondary sensor fusion output 146 are within a predefined range of corresponding states of tracked objects in the primary sensor fusion output 126 and vice-versa. As used here, states refer to various parameters associated with tracked objects, such as position, velocity, and acceleration. If so, i.e. the primary sensor fusion module 110 and secondary sensor fusion module 112 identify and track objects at generally the same states, then the sensor fusion arbitration module 148 outputs a final sensor fusion output 150 based on the primary sensor fusion output 126”), the first autonomous driving control algorithm to a different autonomous driving control algorithm by excluding at least one autonomous driving parameter (see at least para. [0072] of Takamatsu which discloses “the control device 10 creates the driving plan in which the driving control is switched in accordance with the accuracy of the map. When traveling along the first route included in the route and belonging to the first map MP1, the first driving control is set, while when traveling along the second route included in the route and belonging to the second map MP2, the second driving control having a lower level of the autonomous driving than that of the first driving control is set”), wherein the excluded at least one autonomous driving parameter is associated with the at least one first controller (see at least para. [0072] of Takamatsu which discloses “Specifically, the first driving control includes any one or more of the lane change driving control, the merging/branch driving control, and the intersection driving control by the autonomous driving using a lane prediction result in the traveling direction of the vehicle, while the second driving control does not include the lane change driving control, the merging/branch driving control, and the intersection driving control. When transitioning from the first route to the second route, the control device 10 switches the driving control from the first driving control to the second driving control having a lower level of the autonomous driving”).
Regarding newly added claim 22, Takamatsu, as modified by Mudalige discloses wherein the
instructions (see at least para. [0031] of Takamatsu which discloses ” an operation circuit that executes the programs stored“, *the stored programs include stored instructions), when executed by the control device, cause the apparatus to: during autonomous driving control of the vehicle, identify an error associated with at least one first controller of a plurality of controllers (see at least para. [0007] of Mudalige which discloses “the at least one controller includes a first controller and a second controller”); and adjust, based on the identified error (see at least para. [0081] of Mudalige which discloses “The sensor fusion arbitration module 148 is programmed to evaluate whether states of all tracked objects in the secondary sensor fusion output 146 are within a predefined range of corresponding states of tracked objects in the primary sensor fusion output 126 and vice-versa. As used here, states refer to various parameters associated with tracked objects, such as position, velocity, and acceleration. If so, i.e. the primary sensor fusion module 110 and secondary sensor fusion module 112 identify and track objects at generally the same states, then the sensor fusion arbitration module 148 outputs a final sensor fusion output 150 based on the primary sensor fusion output 126”), the second autonomous driving control algorithm to a different autonomous driving control algorithm by applying at least one extended autonomous driving parameter set (see at least para. [0040] of Mudalige which discloses a system to “synthesize and process the sensor inputs to generate parameters used as inputs for other control algorithms of the ADS 24”, *The use of these parameters is for inputs to control algorithms. Therefore, Mudalige teaches changing autonomous driving control behavior by applying parameters to control algorithms), wherein the at least one extended autonomous driving parameter set is associated with a controller configured with a risk maneuver control in an emergency situation (see at least para. [0082] of Mudalige which discloses “in response to the diagnostic signal, the vehicle may autonomously execute an alternative maneuver. The alternative maneuver may include, for example, a fallback command to safely stop the vehicle. Such maneuvers may be referred to as minimal risk condition maneuvers”), and wherein the at least one extended autonomous driving parameter set is associated with at least one of an emergency maneuver dynamic object fusion or an emergency maneuver static object fusion (see at least para. [0090] of Mudalige which discloses “Object fusion involves merging information at a higher level of abstraction, combines the results from multiple algorithms to obtain a final set of fused objects. Input images are processed individually for information extraction and tracking. The obtained information (object tracks) are combined together using techniques such as Kalman filtering to reinforce common interpretation. Second estimated states 240 are obtained from the object-level fusion 238 and the primary tracked objects 236”).
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Krystek (US 2020/0218271 A1) discloses embodiments for implementing intelligent driving characteristic adjustment for autonomous vehicles by a processor, are provided. In one embodiment, by way of example only, a method for implementing intelligent driving characteristic adjustment for autonomous vehicles by a processor is provided. A user experience satisfaction level may be determined during a journey within an autonomous vehicle according to historical user experience satisfaction levels, a user profile, one or more contextual factors, or a combination thereof. Wu (US 2021/0331676 A1) discloses a control device can be applied to an unmanned vehicle or an autonomous vehicle so that the vehicle can be controlled to travel according to the set optimal speed. For example, after the optimal driving speed is set, the control device can output a command to a servo motor to control the throttle opening, and adaptively adjust the engine throttle opening in real time according to the change of travelling resistance, so that the traveling speed follows the set optimal speed curve. If the host vehicle includes an electric driving system, the control device can output an instruction to the electric driving system to adaptively adjust the output torque of the driving motor to cause the vehicle speed to follow the set optimal speed curve.
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.
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/DANA D IVEY/Examiner, Art Unit 3662
/D.D.I/December 23, 2025
/JELANI A SMITH/Supervisory Patent Examiner, Art Unit 3662