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 is a Final Office Action on the merits. Claims 13 and 15-32 are currently pending and are addressed below.
Response to Amendment
The specification was objected to due to minor informalities. Applicant amended the specification accordingly; therefore, the specification objection is withdrawn.
Claims 18-19 were objected to due to minor informalities. Applicant amended the claims accordingly; therefore, the objection is withdrawn.
Response to Arguments
Applicant' s arguments on pages 11-13 of the response, with respect to the rejection(s) of claim(s) 13-17, 20-28, and 30-32 under 35 U.S.C. 102(a)(1) and claim(s) 18-19 and 29 under 35 U.S.C. 103 have been fully considered but they are not persuasive. Applicant argues Kikuchi does not disclose considering exceptional changes where the set speed is not intended to be adopted automatically for the second driving function and automatically adopting or preventing automatic adoption of the set speed based on such an exceptional change. Furthermore, Applicant argues “In contrast to these limitations of the claim, Kikuchi merely discloses different switching methods, a current set distance, and transitioning between modes based on whether a vehicle is present…These disclosures say nothing about the specific limitations of amended claim 13 relating to the exceptional changes in which the set speed is not intended to be adopted automatically for the second driving function and automatically adopting/not adopting the set speed based on the change”.
With respect to the aforementioned arguments, Examiner respectfully disagrees. As will be further discussed below, Kikuchi teaches these features through a switching method where switching from the ACC mode to the CC mode is prevented when a preceding vehicle is detected, in which the CC mode is a “constant vehicle speed control mode” for always traveling at the set speed (See at least [0070], [0093], [0111] & [0113-0114] of Kikuchi). Since amended claim 13 does not define the exceptional change as anything other than “where the set speed is not intended to be adopted automatically for the second driving function”, and Kikuchi teaches checking whether a preceding vehicle is detected and whether the long side of the distance switch was activated long enough to determine whether to switch to CC mode, switching from ACC mode to the CC mode while a preceding vehicle is detected is interpreted as an “exceptional change”. Since the switch to CC mode is “not allowed” when a preceding vehicle is detected, but allowed when a preceding vehicle is not detected (i.e., when the change is not the exceptional change), that means the set speed enforced by the CC mode is also “not intended to be adopted automatically” (See at least [0113] of Kikuchi). Additionally, no evidence or reasoning was provided as to why “different switching methods, a current set distance, and transitioning between modes based on whether a vehicle is present” do not relate to considering exceptional changes and automatically adopting or not adopting the set speed based on the change.
Applicant further argues that, with respect to claims 16-17, Kikuchi does not expressly or inherently disclose “a case in which the second driving function is a pure speed controller”. Examiner respectfully disagrees. The CC mode taught by Kikuchi (i.e., the second driving function) is a constant vehicle speed control mode for maintaining a set vehicle speed. Additionally, no evidence or reasoning was provided as to why Kikuchi’s CC mode does not constitute “a case in which the second driving function is a pure speed controller”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 13, 15-17, 20-28, and 30-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kikuchi of US 20020121398 A1, filed 11/21/2001, hereinafter “Kikuchi”.
Regarding claim 13, Kikuchi discloses:
An apparatus for controlling a change between different driving functions for at least partially automated longitudinal guidance of a vehicle, wherein the apparatus is configured to: (See at least Abstract: “An auto-cruise apparatus capable to switch the modes between the vehicle-to-vehicle distance control and the constant vehicle speed mode is provided…”)
detect that there is an intention to change from a first driving function to a different second driving function; (See at least Fig. 15, [0093-0094]: “…The ACC system transits from the OFF state to either the vehicle-to-vehicle control mode (hereinafter simply referred to as "ACC mode") or the constant vehicle speed control mode (hereinafter simply referred to as "CC mode") depending on the time period during which the switch is being depressed…the transition to the CC mode is performed only when the switch is depressed for the predetermined time period or more; namely, it is performed in accordance with the driver's explicit intention, so that the transition to the CC mode due to any careless or wrong operation could be prevented…”. See also [0110-0111] regarding determining whether to switch to CC mode depending on how long the distance switch has been pressed.)
automatically adopt a set speed for the at least partially automated longitudinal guidance from the first driving function for the second driving function; (See at least [0070]: “…The vehicle-to-vehicle distance control mode is for performing a constant vehicle speed travel in which a set vehicle speed is maintained when no preceding vehicle is detected…” & [0090]: “The vehicle speed controller 55 controls the throttle actuator 46 so as to reach the target vehicle speed received from the vehicle-to-vehicle distance controller 52 in the vehicle-to-vehicle distance control mode and controls the throttle actuator 46 so as to reach the target vehicle speed (namely the set vehicle speed) received from the constant vehicle speed controller 53 in the constant vehicle speed control mode…”)
check whether the change from the first driving function to the second driving function is an exceptional change from a set of one or more exceptional changes where the set speed is not intended to be adopted automatically for the second driving function; (See at least [0111]: “If the LONG side is depressed in step 203, the process proceeds to step 208, where the set vehicle-to-vehicle distance is incremented by one stage from the current set distance: namely if the current set distance is "short", it is incremented to "middle" (step 209); if the current set distance is "middle", it is incremented to "long" (step 210); and if the current set distance is "long", the process examines how long the LONG side has been depressed. If it has been depressed for one second or more, the system transits to the CC mode (step 211, 212) and if it has been depressed for less than one second, the process returns to step 202. Besides, if the vehicle-to-vehicle distance is not set currently and the system is in the CC mode, the process returns to step 202” & [0113-0114]: “FIG. 15 illustrates a flow chart of a second switching method between the CC mode and the ACC mode. The second switching method is different from the first one in that no switching from the ACC mode to the CC mode is allowed while the preceding vehicle is being detected during the ACC mode travel. If the transition to the CC mode is performed while the subject vehicle is following the preceding vehicle that is traveling at a slower speed than that of the subject vehicle, the system may start to accelerate to return to the set vehicle speed, so the driver may be disquieted. Thus, the second switching method is intended to prevent this kind of unexpected acceleration. Steps 231 through 241 are the same as steps 201 through 211 in FIG. 13. In step 242, the process determines whether any preceding vehicle is detected or not. If it is not detected, the system transits to the CC mode in step 243, and if it is detected, the process does not perform the transition to the CC mode but returns to step 232,” wherein the exceptional change is switching from the ACC mode to the CC mode (when the long side of the distance switch is depressed for at least one second) when a preceding vehicle is detected.)
prevent the set speed from being adopted automatically when the change from the first driving function to the second driving function is the exceptional change; and (See at least Fig. 15, [0114]: “…In step 242, the process determines whether any preceding vehicle is detected or not…if it is detected, the process does not perform the transition to the CC mode but returns to step 232” & [0070]: “…the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
automatically adopt the set speed only when the change from the first driving function to the second driving function is not the exceptional change from the set of exceptional changes. (See at least Fig. 15 & [0114]: “…In step 242, the process determines whether any preceding vehicle is detected or not. If it is not detected, the system transits to the CC mode in step 243…”)
Regarding claim 15, Kikuchi discloses all the limitations of claim 13 as discussed above.
Kikuchi additionally discloses:
wherein the apparatus is configured to use a current driving speed of the vehicle as the set speed for the second driving function when the change from the first driving function to the second driving function is the exceptional change. (See at least Fig. 16 & [0116]: “Steps 251 through 261 are the same as steps 201 through 211 in FIG. 13. In step 262, the process determines whether the subject vehicle is currently traveling in the ACC mode or not. If in the ACC mode, the system performs the transition to the CC mode after having set the set vehicle speed to the current vehicle speed in step 263…”)
Regarding claim 16, Kikuchi discloses all the limitations of claim 13 as discussed above.
Kikuchi additionally discloses:
wherein the apparatus is configured to: ascertain whether a current driving speed of the vehicle is lower than the set speed in a case in which the second driving function is a pure speed controller; and (See at least [0116]: “…Thus, even if the transition to the CC mode is performed while the subject vehicle is traveling at a lower speed than the set vehicle speed, the constant vehicle speed travel may start with that lower speed, so that an immediate and unexpected acceleration could be prevented” & [0070]: “…the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
consider the change from the first driving function to the second driving function as the exceptional change only when the current driving speed is lower than the set speed; and/or prevent the set speed from being adopted automatically only when the current driving speed is lower than the set speed. (See at least [0116]: “…Thus, even if the transition to the CC mode is performed while the subject vehicle is traveling at a lower speed than the set vehicle speed, the constant vehicle speed travel may start with that lower speed, so that an immediate and unexpected acceleration could be prevented” & [0070]: “…the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
Regarding claim 17, Kikuchi discloses all the limitations of claim 15 as discussed above.
Kikuchi additionally discloses:
wherein the apparatus is configured to: ascertain whether a current driving speed of the vehicle is lower than the set speed in a case in which the second driving function is a pure speed controller; and (See at least [0116]: “…Thus, even if the transition to the CC mode is performed while the subject vehicle is traveling at a lower speed than the set vehicle speed, the constant vehicle speed travel may start with that lower speed, so that an immediate and unexpected acceleration could be prevented.”)
consider the change from the first driving function to the second driving function as the exceptional change only when the current driving speed is lower than the set speed; and/or prevent the set speed from being adopted automatically only when the current driving speed is lower than the set speed. (See at least [0116]: “…Thus, even if the transition to the CC mode is performed while the subject vehicle is traveling at a lower speed than the set vehicle speed, the constant vehicle speed travel may start with that lower speed, so that an immediate and unexpected acceleration could be prevented.”)
Regarding claim 20, Kikuchi discloses all the limitations of claim 14 as discussed above.
Kikuchi additionally discloses:
wherein the set of exceptional changes includes: a change to a speed limiter as the second driving function; and/or a change to a pure speed controller as the second driving function. (See at least [0070]: “…the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
Regarding claim 21, Kikuchi discloses all the limitations of claim 15 as discussed above.
Kikuchi additionally discloses:
wherein the set of exceptional changes includes: a change to a speed limiter as the second driving function; and/or a change to a pure speed controller as the second driving function. (See at least [0070]: “…the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
Regarding claim 22, Kikuchi discloses all the limitations of claim 16 as discussed above.
Kikuchi additionally discloses:
wherein the set of exceptional changes includes: a change to a speed limiter as the second driving function; and/or a change to a pure speed controller as the second driving function. (See at least [0070]: “…the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
Regarding claim 23, Kikuchi discloses all the limitations of claim 14 as discussed above.
Kikuchi additionally discloses:
wherein the first driving function and the second driving function are part of a set of possible driving functions; and (See at least [0088]: “The mode selector 54 selects either vehicle-to-vehicle distance control by the vehicle-to-vehicle distance controller 52 or constant vehicle speed control by the constant vehicle speed controller 53 in accordance with predetermined operations upon the cruise switch 61. In response to predetermined operations upon the cruise switch 61, the mode selector 54 further performs a switching to no-control states in which both the vehicle-to-vehicle distance control by the vehicle-to-vehicle distance controller 52 and the constant vehicle speed control by the constant vehicle speed controller 53 are disabled.”)
the set of possible driving functions includes: a distance and speed controller; a pure speed controller; a speed limiter; a distance and speed controller with combined lateral guidance; a driving function for identifying and automatically or manually adopting a speed limit; and/or a driving function for taking into account an upcoming route incident, in particular a bend or a signaling installation, in the longitudinal guidance of the vehicle. (See at least [0070]: “…The vehicle-to-vehicle distance control mode is for performing a constant vehicle speed travel in which a set vehicle speed is maintained when no preceding vehicle is detected as well as a constant vehicle-to-vehicle distance travel in which a set distance is maintained when any preceding vehicle is detected…”)
NOTE: Claim 23 recites a set of possible driving functions as a list. The items in the list are separated by semicolons that will each be interpreted as the term “or” since the claim does not specify whether it requires only one item from the list, multiple items from the list, or all items from the list. This interpretation also applies to claims 24-25 since they recite the same list.
Regarding claim 24, Kikuchi discloses all the limitations of claim 15 as discussed above.
Kikuchi additionally discloses:
wherein the first driving function and the second driving function are part of a set of possible driving functions; and (See at least [0088]: “The mode selector 54 selects either vehicle-to-vehicle distance control by the vehicle-to-vehicle distance controller 52 or constant vehicle speed control by the constant vehicle speed controller 53 in accordance with predetermined operations upon the cruise switch 61. In response to predetermined operations upon the cruise switch 61, the mode selector 54 further performs a switching to no-control states in which both the vehicle-to-vehicle distance control by the vehicle-to-vehicle distance controller 52 and the constant vehicle speed control by the constant vehicle speed controller 53 are disabled.”)
the set of possible driving functions includes: a distance and speed controller; a pure speed controller; a speed limiter; a distance and speed controller with combined lateral guidance; a driving function for identifying and automatically or manually adopting a speed limit; and/or a driving function for taking into account an upcoming route incident, in particular a bend or a signaling installation, in the longitudinal guidance of the vehicle. (See at least [0070]: “…The vehicle-to-vehicle distance control mode is for performing a constant vehicle speed travel in which a set vehicle speed is maintained when no preceding vehicle is detected as well as a constant vehicle-to-vehicle distance travel in which a set distance is maintained when any preceding vehicle is detected…”)
Regarding claim 25, Kikuchi discloses all the limitations of claim 16 as discussed above.
Kikuchi additionally discloses:
wherein the first driving function and the second driving function are part of a set of possible driving functions; and (See at least [0088]: “The mode selector 54 selects either vehicle-to-vehicle distance control by the vehicle-to-vehicle distance controller 52 or constant vehicle speed control by the constant vehicle speed controller 53 in accordance with predetermined operations upon the cruise switch 61. In response to predetermined operations upon the cruise switch 61, the mode selector 54 further performs a switching to no-control states in which both the vehicle-to-vehicle distance control by the vehicle-to-vehicle distance controller 52 and the constant vehicle speed control by the constant vehicle speed controller 53 are disabled.”)
the set of possible driving functions includes: a distance and speed controller; a pure speed controller; a speed limiter; a distance and speed controller with combined lateral guidance; a driving function for identifying and automatically or manually adopting a speed limit; and/or a driving function for taking into account an upcoming route incident, in particular a bend or a signaling installation, in the longitudinal guidance of the vehicle. (See at least [0070]: “…The vehicle-to-vehicle distance control mode is for performing a constant vehicle speed travel in which a set vehicle speed is maintained when no preceding vehicle is detected as well as a constant vehicle-to-vehicle distance travel in which a set distance is maintained when any preceding vehicle is detected…”)
Regarding claim 26, Kikuchi discloses all the limitations of claim 14 as discussed above.
Kikuchi additionally discloses:
wherein the vehicle comprises a user interface; and the apparatus is configured to detect the change from the first driving function to the second driving function based on a user input via the user interface. (See at least [0102]: “It should be noted that the embodiments of the cruise control switch shown in FIG. 6 through FIG. 9 are only for the illustration purpose and any other input means may be alternatively employed. For example, a lever-like operation switch or a touch-panel type switch may be used” & [0071]: “…the input of the ACC system 30 is connected to a cruise control switch 43 upon which the driver can operate with regard to the vehicle-to-vehicle distance control. The cruise control switch 43 consists of a cruise switch 61, a distance switch 62 and a set/resume/cancel switch 63.” See also [0110-0111] regarding operating the distance switch to switch from ACC mode to CC mode.)
Regarding claim 27, Kikuchi discloses all the limitations of claim 15 as discussed above.
Kikuchi additionally discloses:
wherein the vehicle comprises a user interface; and the apparatus is configured to detect the change from the first driving function to the second driving function based on a user input via the user interface. (See at least [0102]: “It should be noted that the embodiments of the cruise control switch shown in FIG. 6 through FIG. 9 are only for the illustration purpose and any other input means may be alternatively employed. For example, a lever-like operation switch or a touch-panel type switch may be used” & [0071]: “…the input of the ACC system 30 is connected to a cruise control switch 43 upon which the driver can operate with regard to the vehicle-to-vehicle distance control. The cruise control switch 43 consists of a cruise switch 61, a distance switch 62 and a set/resume/cancel switch 63.” See also [0110-0111] regarding operating the distance switch to switch from ACC mode to CC mode.)
Regarding claim 28, Kikuchi discloses all the limitations of claim 16 as discussed above.
Kikuchi additionally discloses:
wherein the vehicle comprises a user interface; and the apparatus is configured to detect the change from the first driving function to the second driving function based on a user input via the user interface. (See at least [0102]: “It should be noted that the embodiments of the cruise control switch shown in FIG. 6 through FIG. 9 are only for the illustration purpose and any other input means may be alternatively employed. For example, a lever-like operation switch or a touch-panel type switch may be used” & [0071]: “…the input of the ACC system 30 is connected to a cruise control switch 43 upon which the driver can operate with regard to the vehicle-to-vehicle distance control. The cruise control switch 43 consists of a cruise switch 61, a distance switch 62 and a set/resume/cancel switch 63.” See also [0110-0111] regarding operating the distance switch to switch from ACC mode to CC mode.)
Regarding claim 30, Kikuchi discloses all the limitations of claim 13 as discussed above.
Kikuchi additionally discloses:
wherein the set speed within the first driving function and/or the second driving function is used as a target specification for a speed controller for setting a driving speed of the vehicle; or the set speed within the first driving function and/or the second driving function is used as a limit for the driving speed of the vehicle. (See at least [0011]: “…a vehicle-to-vehicle distance controller for controlling a vehicle speed of a subject vehicle with a set vehicle speed as an upper limit of said vehicle speed…”)
Regarding claim 31, Kikuchi discloses all the limitations of claim 13 as discussed above.
Kikuchi additionally discloses:
wherein the first driving function and the second driving function differ in relation to how the respective driving function acts on the longitudinal guidance of the vehicle. (See at least [0070]: “…The vehicle-to-vehicle distance control mode is for performing a constant vehicle speed travel in which a set vehicle speed is maintained when no preceding vehicle is detected as well as a constant vehicle-to-vehicle distance travel in which a set distance is maintained when any preceding vehicle is detected. In contrast, the constant vehicle speed control mode is for traveling always at the set vehicle speed whether any preceding vehicle may exist or nor…”)
Regarding claim 32, Kikuchi discloses:
A method for controlling a change between different driving functions for at least partially automated longitudinal guidance of a vehicle, the method comprising: (See at least Abstract: “An auto-cruise apparatus capable to switch the modes between the vehicle-to-vehicle distance control and the constant vehicle speed mode is provided…”)
detecting that there is an intention to change from a first driving function to a different second driving function; (See at least Fig. 15, [0093-0094]: “…The ACC system transits from the OFF state to either the vehicle-to-vehicle control mode (hereinafter simply referred to as "ACC mode") or the constant vehicle speed control mode (hereinafter simply referred to as "CC mode") depending on the time period during which the switch is being depressed…the transition to the CC mode is performed only when the switch is depressed for the predetermined time period or more; namely, it is performed in accordance with the driver's explicit intention, so that the transition to the CC mode due to any careless or wrong operation could be prevented…”. See also [0110-0111] regarding determining whether to switch to CC mode depending on how long the distance switch has been pressed.)
automatically adopting a set speed for the at least partially automated longitudinal guidance from the first driving function for the second driving function; (See at least [0070]: “…The vehicle-to-vehicle distance control mode is for performing a constant vehicle speed travel in which a set vehicle speed is maintained when no preceding vehicle is detected…” & [0090]: “The vehicle speed controller 55 controls the throttle actuator 46 so as to reach the target vehicle speed received from the vehicle-to-vehicle distance controller 52 in the vehicle-to-vehicle distance control mode and controls the throttle actuator 46 so as to reach the target vehicle speed (namely the set vehicle speed) received from the constant vehicle speed controller 53 in the constant vehicle speed control mode…”)
checking whether the change from the first driving function to the second driving function is an exceptional change from a set of one or more exceptional changes where the set speed is not intended to be adopted automatically for the second driving function; (See at least [0111]: “If the LONG side is depressed in step 203, the process proceeds to step 208, where the set vehicle-to-vehicle distance is incremented by one stage from the current set distance: namely if the current set distance is "short", it is incremented to "middle" (step 209); if the current set distance is "middle", it is incremented to "long" (step 210); and if the current set distance is "long", the process examines how long the LONG side has been depressed. If it has been depressed for one second or more, the system transits to the CC mode (step 211, 212) and if it has been depressed for less than one second, the process returns to step 202. Besides, if the vehicle-to-vehicle distance is not set currently and the system is in the CC mode, the process returns to step 202” & [0113-0114]: “FIG. 15 illustrates a flow chart of a second switching method between the CC mode and the ACC mode. The second switching method is different from the first one in that no switching from the ACC mode to the CC mode is allowed while the preceding vehicle is being detected during the ACC mode travel. If the transition to the CC mode is performed while the subject vehicle is following the preceding vehicle that is traveling at a slower speed than that of the subject vehicle, the system may start to accelerate to return to the set vehicle speed, so the driver may be disquieted. Thus, the second switching method is intended to prevent this kind of unexpected acceleration. Steps 231 through 241 are the same as steps 201 through 211 in FIG. 13. In step 242, the process determines whether any preceding vehicle is detected or not. If it is not detected, the system transits to the CC mode in step 243, and if it is detected, the process does not perform the transition to the CC mode but returns to step 232,” wherein the exceptional change is: switching from the ACC mode to the CC mode (occurs if the long side of the distance switch is depressed for at least one second) when a preceding vehicle is detected.)
preventing the set speed from being adopted automatically when the change from the first driving function to the second driving function is the exceptional change; and (See at least Fig. 15 & [0114]: “…In step 242, the process determines whether any preceding vehicle is detected or not…if it is detected, the process does not perform the transition to the CC mode but returns to step 232”)
automatically adopting the set speed only when the change from the first driving function to the second driving function is not the exceptional change from the set of exceptional changes. (See at least Fig. 15 & [0114]: “…In step 242, the process determines whether any preceding vehicle is detected or not. If it is not detected, the system transits to the CC mode in step 243…”)
Claim Rejections - 35 USC § 103
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.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi in view of Herget of DE 102015006411 A1, filed 05/19/2015, hereinafter “Herget”.
Regarding claim 18, Kikuchi discloses all the limitations of claim 13 as discussed above.
Kikuchi does not explicitly teach:
wherein the apparatus is configured to: determine whether a current driving speed of the vehicle is higher than the set speed in a case in which the second driving function is a speed limiter; and
consider the change from the first driving function to the second driving function as the exceptional change only when the current driving speed is higher than the set driving speed; and/or prevent the set speed from being adopted automatically when the current driving speed is higher than the set speed.
Herget teaches:
wherein the apparatus is configured to: determine whether a current driving speed of the vehicle is higher than the set speed in a case in which the second driving function is a speed limiter; and (See at least [0026]: “…During this time, a new maximum speed value TSA is only adopted as the set speed Vset if it is greater than the current driving speed…” & [0022]: “The starting point is that a vehicle distance or speed value is regulated. The set speed (equal to the target speed on a clear road) can be specified by the driver and depending on a detected speed limit (maximum permissible speed). If a speed limit is detected, the value of the maximum permissible speed can be automatically adopted as the set speed (i.e. without driver confirmation)…”)
consider the change from the first driving function to the second driving function as the exceptional change only when the current driving speed is higher than the set driving speed; and/or prevent the set speed from being adopted automatically when the current driving speed is higher than the set speed. (See at least [0026]: “When the driver presses the accelerator pedal, he bypasses the control. This process is shown in Fig. 4. During this time, a new maximum speed value TSA is only adopted as the set speed Vset if it is greater than the current driving speed. The driver presses the accelerator pedal after the set speed Vset has been automatically set to the maximum speed value TSA of 50 kilometers per hour at time t40. The control is passive while the accelerator pedal is operated. During accelerator pedal operation, a new maximum speed value TSA is detected at time t42 (100 kilometers per hour). This is higher than the current driving speed and is therefore adopted as the set speed Vset. Subsequently, at time t43, another maximum speed value TSA of 80 kilometers per hour is detected. This is smaller than the current driving speed and is therefore ignored. After releasing the accelerator pedal, the control becomes active again. It is regulated to the last set speed Vset (100 kilometers per hour).”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Kikuchi’s apparatus with Herget’s technique of determining if a current driving speed is higher than the set speed and preventing the set speed from being adopted automatically when the current driving speed is higher than the set speed. Doing so would be obvious to achieve “more comfortable driving behavior” (See [0006] of Herget).
Regarding claim 19, Kikuchi discloses all the limitations of claim 15 as discussed above.
Kikuchi does not explicitly teach:
wherein the apparatus is configured to: determine whether a current driving speed of the vehicle is higher than the set speed in a case in which the second driving function is a speed limiter; and
consider the change from the first driving function to the second driving function as the exceptional change only when the current driving speed is higher than the set driving speed; and/or prevent the set speed from being adopted automatically when the current driving speed is higher than the set speed.
Herget teaches:
wherein the apparatus is configured to: determine whether a current driving speed of the vehicle is higher than the set speed in a case in which the second driving function is a speed limiter; and
consider the change from the first driving function to the second driving function as the exceptional change only when the current driving speed is higher than the set driving speed; and/or prevent the set speed from being adopted automatically when the current driving speed is higher than the set speed. (See at least [0026]: “When the driver presses the accelerator pedal, he bypasses the control. This process is shown in Fig. 4. During this time, a new maximum speed value TSA is only adopted as the set speed Vset if it is greater than the current driving speed. The driver presses the accelerator pedal after the set speed Vset has been automatically set to the maximum speed value TSA of 50 kilometers per hour at time t40. The control is passive while the accelerator pedal is operated. During accelerator pedal operation, a new maximum speed value TSA is detected at time t42 (100 kilometers per hour). This is higher than the current driving speed and is therefore adopted as the set speed Vset. Subsequently, at time t43, another maximum speed value TSA of 80 kilometers per hour is detected. This is smaller than the current driving speed and is therefore ignored. After releasing the accelerator pedal, the control becomes active again. It is regulated to the last set speed Vset (100 kilometers per hour).”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Kikuchi’s apparatus with Herget’s technique of determining if a current driving speed is higher than the set speed and preventing the set speed from being adopted automatically when the current driving speed is higher than the set speed. Doing so would be obvious to achieve “more comfortable driving behavior” (See [0006] of Herget).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi in view of Gow of US 20110307130 A1, filed 05/10/2011, hereinafter “Gow”.
Regarding claim 29, Kikuchi discloses all the limitations of claim 26 as discussed above.
Kikuchi does not explicitly teach:
wherein the user interface allows a user of the vehicle to scroll through a list of possible driving functions by actuating an operating element in order to effect the user input for the change from the first driving function to the second driving function.
Gow teaches:
wherein the user interface allows a user of the vehicle to scroll through a list of possible driving functions by actuating an operating element in order to effect the user input for the change from the first driving function to the second driving function. (See at least [0047]: “…For example, the driving mode selection unit may have a first button that may be used to scroll through a list of driving modes, where each press of the first button "highlights" the next driving mode in the list of driving modes, and a second button that may be used to select the highlighted driving mode…”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Kikuchi’s apparatus with Gow’s technique of allowing a user to scroll through a list of possible driving functions by actuating an operating element to effect the user input for the change from the first driving function to the second driving function. Doing so would be obvious “to select a particular driving mode from amongst a plurality of driving modes” (See [0045] of Gow).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKKI MARIE M MOLINA whose telephone number is (571)272-5180. The examiner can normally be reached M-F, 9am-6pm PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aniss Chad can be reached at 571-270-3832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NIKKI MARIE M MOLINA/Examiner, Art Unit 3662
/ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662