Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed January 7, 2026 has been entered. Claims 1-10, 12-15 remain
pending in the application.
Response to Arguments
Applicant's arguments filed January 7, 2026 have been fully considered but they are not persuasive.
Applicant argued that Kitagawa does not teach, suggest, or render obvious at least, for example, the features of "an input unit configured to receive the user input based on the movement of the traveling body in the first section ... the user input indicates an option of the steering content for the second section ... a control unit configured to execute steering control of the traveling body in the second section based on the selected option ... an evaluation unit configured to: determine a specific state of a travel environment of the traveling body in the second section, based on the execution of the steering control of the traveling body in the second section; evaluate the selected option of the passenger based on the specific state of the travel environment of the traveling body," as recited in amended independent claim 1.
The examiner respectfully disagrees.
In this office action, Kume is cited to teach the evaluation unit, and the rejection of claim 1 is written under 35 USC 103. Relevant disclosures from Kume and Kitagawa are cited to reject the amended claim 1.
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.
Claim(s) 1, 2-6, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitagawa (US 20190344790 A1) in view of Kume et al. (US 20220340166 A1).
Regarding claim 1, Kitagawa discloses:
An information processing device to execute automatic steering of a traveling body, the information processing device comprising {[0037]: automatically performs steering control of the vehicle}:
an option presentation unit configured to present a plurality of options of steering content for a second section {[0004] discloses steering content option presentation: a function selection unit that selects one of an on-request mode change function and an automatic stop function, the on-request mode change function being for requesting a driver of the vehicle to perform the driving mode change. As disclosed by [0037], steering control option is implied from the function selection of mode change} wherein the plurality of options of the steering content is presented based on movement of the traveling body from a first section to the second section, in the first section, the execution of the automatic steering of the traveling body is based on a user input, wherein the user input is associated with a passenger of the traveling body {[0004], [0024]: The operation device 52 is a switch group operated by the driver of the present vehicle. The operation device 52 is used for making various settings. For example, as the operation device 52, there are a steering switch provided for the spoke part of the steering of the present vehicle. [0023]: receives an input operation from the driver of the present vehicle, monitors a driver condition of the driver of the present vehicle, and shows information to the driver of the present vehicle. [0058] discloses section change from the first section to the second section: when an automatic driving section ends on the basis of the travel plan, the driving mode selection unit switches the automatic driving mode (automatic steering is allowed) to the manual driving mode (automatic steering is not allowed}. [0059] discloses driving mode change according to environment abnormality such as heavy rain or dense fog in which the sensing precision in the periphery monitoring sensor 40 cannot be assured is detected};
an input unit configured to receive the user input based on the movement of the traveling body in the first section, wherein the user input indicates an option of the steering content for the second section, and the option is selected among the plurality of options by the passenger {[0004], [0024] [0058], [0059], [0046]: operation input from the driver. [0075]: switching between the on-request change function and the immediate stop function in accordance with an input via the operation device 52 from the driver who received a selection suggestion}; and
a control unit configured to execute steering control of the traveling body in the second section based on the selected option {[0075], [0039]: the steering control of the present vehicle on the basis of the travel environments recognized by the travel environment recognition unit… automatically travel to a stoppable position.
Kitagawa does not disclose: an evaluation unit configured to: determine a specific state of a travel environment of the traveling body in the second section, based on the execution of the steering control of the traveling body in the second section; evaluate the selected option of the passenger based on the specific state of the travel environment of the traveling body; and control enablement of an autonomous driving function of the traveling body for the passenger, wherein the enablement of the autonomous driving function is controlled based on the evaluation of the selected option.
Kume teaches determining travel environment in [0074]: a travel environment determination unit configured to determine whether the vehicle travels in a preset autonomous driving possible area; execution of steering control in [0103]: The operation device 26 includes a steering switch provided on a spoke portion of the steering wheel, an operation lever provided on a steering column portion; evaluating passenger option and autonomous driving function control enablement in [0152]: the driver state estimated by the integration state estimation unit… the direction of the driver’s awareness is at least grasped as the driver state, [0315]: in the traveling scene illustrated in FIG. 52, when it is predicted that the vehicle A (subject vehicle) runs into the traffic jam area CA while traveling in the passing lane PL in a state with the periphery monitoring responsibility, the provision control unit 84 proposes a lane change to the travel lane DL in a state with the periphery monitoring responsibility. If the driver instructs the lane change to the travel lane DL based on such recommended lane notification, the unmonitored autonomous traveling at the autonomous driving level 3 resumed at the travel lane DL can be continued for a long time or a long distance… the environment recognition unit 61 corresponds to the “travel environment determination unit.
Examiner notes that the selected option of the passenger is evaluated based on the specific state of the travel environment and control is made accordingly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the evaluation unit feature of Kume with the described invention of Kitagawa in order to consider both passenger selected option and the traveling environment in autonomous driving control.
Similar reasoning applies to claim 15.
Regarding claim 2, which depends from claim 1, Kitagawa discloses: further comprising: an information acquisition unit configured to acquire information for steering operation of the traveling body {[0021]: the vehicle control ECU 30… obtains detection signals output from vehicle state sensors such as a steering angle sensor… and output the detection in-vehicle LAN. [0043]: The ECU communication unit 120 performs… obtaining information from the vehicle control ECU 30}; and
an information presentation unit configured to present the information to the passenger based on the movement of the traveling body from the first section to the second section {Fig. 1, [0023]: an HCU (Human Machine Interface Control Unit) 51, a display device 54… shows information to the driver of the present vehicle}.
Regarding claim 3, which depends from claim 2, Kitagawa discloses: further comprising: a determination unit configured to determine the steering content based on a basis of the information, wherein, in the first section, the control unit is further configured to execute the steering control of the traveling body based on the determination of the steering content {Fig. 2, [0034]: the automatic driving ECU 10 has a control selection determination unit 140, and a suggestion determination unit 150, [0021]: The vehicle control ECU 30 is an electronic control unit performing acceleration/deceleration control and steering control of the present vehicle. As the vehicle control ECU 30, there are a steering ECU performing steering control}.
Regarding claim 4, which depends from claim 2, Kitagawa discloses: wherein the information presentation unit is further configured to present the information based on virtual reality (VR) display {[0029]: The HUD projects light of an image based on image data obtained from the HCU 51 to a projection region specified in a front window shield, thereby superimposing a virtual image of the image on a part of the front view. [0035]: the travel environment recognition unit 100 generates a virtual space obtained by three-dimensionally reproducing the actual travel environment}.
Regarding claim 5, which depends from claim 1, Kitagawa discloses: wherein the plurality of options includes at least one of an emergency stop, an electronic traction request, a remote steering assistance request, or a low-speed autonomous driving operation {[0004]: automatic stop function being for immediately starting to stop the vehicle}.
Regarding claim 6, which depends from claim 1, Kitagawa discloses: further comprising: a monitoring unit configured to monitor a state of the passenger, wherein the option presentation unit is further configured to change content of the plurality of options {[0095]: The function selection unit 142 a selects the on-request change function in the case where the driver condition obtained by the driver condition acquisition unit 133 is suitable for the manual driving and, on the other hand, selects the immediate stop function in the case where the driver condition is not suitable for the manual driving… such as a sleeping state, unconsciousness, or inattentive driving}.
Regarding claim 12, which depends from claim 1, Kitagawa teaches: wherein the evaluation unit is further configured to reduce points held by the passenger, and the held points are reduced based on the determined specific state of the travel environment of the traveling body in the second section {[0059]}.
Examiner notes that points held by the passenger (passenger’s manual driving capability) should be reduced under environment abnormality.
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 control unit of Kitagawa to decide the passenger’s driving capability lower under environment abnormality in order to avoid unsafe driving that may lead to a collision.
Regarding claim 13, which depends from claim 12, Kitagawa discloses: wherein the evaluation unit is further configured to determine the enablement of the autonomous driving function of the traveling body based on the held points that is one of equal to or less than a {[0070]: the driver condition obtained by the driver condition acquisition unit 133 indicates worsening in the driver condition of a predetermined degree or more (in other words, where the points held by the passenger is equal to or less than a predetermined number of points). [0095]: selects the immediate stop function (does not allow use of the traveling body) in the case where the driver condition is not suitable… condition which is not suitable for the manual driving in this case may be the driver condition of the predetermined degree or higher… impossible such as a sleeping state, unconsciousness, or inattentive driving}.
Regarding claim 14, which depends from claim 1, Kitagawa discloses: further comprising: a storage unit configured to store the plurality of options and the {[0031]: The HCU 51 has a storage medium}.
Claim(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitagawa in view of Kume and in further view of Ricci et al. (US 20140310739 A1).
Regarding claim 7, which depends from claim 1, modified Kitagawa does not teach: wherein the option presentation unit is further configured to change content of the plurality of options.
Ricci teaches changing presentation content depending on a degree of disability of the passenger in paragraph [0844]: Information, commands, warnings, and requests provided by way of user interface to users with a dexterity and/or mobility impairment can be particular mouse settings… an increased size of a mouse-selectable screen element… speech recognition software.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the content change feature of Ricci with the described invention of modified Kitagawa in order to facilitate option presentation to a passenger having disability.
Regarding claim 8, which depends from claim 1, Ricci teaches: wherein the input unit is further configured to change a form of the reception of the user input for the selected option, and the form of the reception of the user input is changed based on a degree of disability of the passenger {[0844]: voice command, a disability assistive keyboard}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the receiving form change feature of Ricci with the described invention of modified Kitagawa in order to facilitate input by a passenger having disability.
Regarding claim 9, which depends claim 8, Kitagawa discloses: wherein the input unit is further configured to select the form of the reception of the user input among an operation input, a voice input, a line- of-sight detection input, a gesture detection input, and a biometric signal change detection input {[0046]: operation input from the driver}.
Regarding claim 10, which depends from claim 9, Kitagawa discloses: wherein the operation input is input via at least one of a steering wheel, a lever, a pedal, or a touch panel {[0024]: as the operation device 52, there are a steering switch provided for the spoke part of the steering, a touch switch integrated with the display device 54}.
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 CHANMIN PARK whose telephone number is (408)918-7555. The examiner can normally be reached Monday - Thursday and alternate Fridays, 7:30-4:30 PT.
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/C.P./Examiner, Art Unit 3661
/RUSSELL FREJD/Primary Examiner, Art Unit 3661
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