DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot because the new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the arguments [e.g., in view of applicant’s amendments, the previously relied upon prior art reference US 20140285331 A1 (Otake) is no longer considered to be the closest prior art of record and is no longer being relied upon to reject the claimed invention(s)]; [e.g., an updated search conducted in view of applicant’s amendments revealed the newly cited prior art reference US 20190031174 A1 (Adachi), of which is now considered to be the closest prior art of record and is now being relied upon to reject the claimed invention(s)]. See detailed rejection below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the claim recites “prior to the deceleration target being in the area in front of the vehicle”. The claim is rendered indefinite such that the boundaries of the claimed area are not clearly defined in such a way that it is clear as to what degree and/or extent the phrase “prior to the deceleration target being in the area in front of the vehicle” is applicable [e.g., if the vehicle is traveling forward in a straight line, then it is not exactly clear as to how the deceleration target is not “in the area” in front of the vehicle]; [e.g., is the phrase “prior to” intended to describe a distance, range, visibility, etc. with respect to the photographing device/camera, or a particular position of the vehicle relative to the deceleration target?].
The claim recites “perform deceleration control” (see line 3) and “perform provisional deceleration control” (see last 3 lines). The claim is rendered indefinite such that is not exactly clear as to whether the provisional deceleration control limitation is intended to be distinct from (or in reference to) the previously established deceleration control limitation [e.g., is the provisional deceleration control a particular deceleration control that is encompassed by the previously established deceleration control (which appears to be suggested by the “final” deceleration control limitation per claim 2), or should the limitation of line 3 instead be provided as “perform provisional deceleration control”?].
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.
Claims 1-2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190031174 A1 (Adachi).
Regarding claim 1, Adachi (Figures 1-6) teaches a driving assistance device [e.g., the entirety of Fig. 1] (see Fig. 1-6 in conjunction with title, abstract) comprising:
a photographing device (11) that photographs an area in front of a vehicle (1) (see Fig. 1-6 in conjunction with paragraphs [0018]-[0019]) [e.g., “The camera 11 is an imaging device that is configured to image (capture) an area ahead of the vehicle 1”]; and
a control unit (12) configured to perform deceleration control to automatically decelerate the vehicle when a deceleration target [e.g., a stop line] (22) is detected based on an image photographed by the photographing device (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020]) [e.g., “It is therefore an object of the present invention to provide, for example, a driving support apparatus that is configured to perform a driving support for automatically decelerating a vehicle to a target speed before the vehicle reaches a target position”]; [e.g., “The image recognizing unit 121 is configured to detect a stop sign 21 and a stop line 22 from the image captured by the camera 11. The stop sign 21 is a road sign that requests the vehicle 1 to stop. The stop line 22 is a road mark that is drawn on the road to represent a position at which the vehicle 1 should stop. Note that the stop sign 21 and the stop line 22 are examples of a “first sign object” and a “second sign object” in the below described additional statement, respectively. The position setting unit 122 is configured to set the target position at which the vehicle 1 should stop on the basis of the detection result of the image recognizing unit 121. The supporting unit 123 is configured to control the brake actuator 13 to stop the vehicle 1 at the target position”], wherein
the control unit is configured to, when the control unit detects a notifying target [e.g., a stop sign] (21) that informs of a presence of the deceleration target based on the image photographed by the photographing device prior to the deceleration target being in the area in front of the vehicle [e.g., observe Fig. 4, noting that the stop sign 21 precedes the stop line 22, such that one of ordinary skill may reasonably infer that the presence of the deceleration target is informed prior to the deceleration target being in the area immediately in front of the vehicle], set a target vehicle speed of the vehicle at a position of the deceleration target corresponding to the notifying target based on detection of the notifying target (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029]) [e.g., “A driving support apparatus (12) has: a setting device (122) for setting a first target position (31) on the basis of a first sign object (21), if the first sign object requesting a vehicle (1) to stop is detected; and a supporting device (123) for performing a first deceleration control for decelerating the vehicle to a first target speed before the vehicle reaches the first target position”],
set a provisional [e.g., preliminary or first] deceleration pattern [e.g., indicated via the leftmost half of Fig. 6] of the vehicle based on a vehicle speed at a time point when the notifying target was detected and the target vehicle speed (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029], [0032]-[0033]), and
perform provisional deceleration control to automatically decelerate the vehicle according to the provisional deceleration pattern (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029]-[0038]) [e.g., indicated via the leftmost half of Fig. 6]. Also see 112(b) rejection(s) above.
Regarding claim 2, Adachi (Figures 1-6) teaches wherein the control unit is configured to, when the control unit detects the deceleration target corresponding to the notifying target based on the image photographed by the photographing device in a situation where the provisional deceleration control is performed, estimate (or calculate) a remaining traveling distance [e.g., indicated via D2 per Fig. 6] from a present (or current) position of the vehicle to the deceleration target, set a final [e.g., main or second] deceleration pattern [e.g., indicated via the rightmost half of Fig. 6] of the vehicle based on the vehicle speed at the time point when the deceleration target was detected, the target vehicle speed, and the remaining travel distance, and perform final deceleration control to automatically decelerate the vehicle according to the final deceleration pattern (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029]-[0038]) [e.g., indicated via the rightmost half of Fig. 6]; [e.g., “if a second sign object (22) representing a stop position is detected during a period when the first decelerating control is performed, the setting device sets a second target position (32) on the basis of the second sign object and the supporting device performs a second decelerating control for decelerating the vehicle to a second target speed before the vehicle reaches the second target position”]; [e.g., the functional equivalent(s) to the claim limitations is/are implied and/or reasonably inferable in view of the context with respect to the estimating (or calculating) of the respective distances D1, D2, etc. and/or the start and stop times of the respective deceleration control(s)]. Also refer to discussion regarding claim 1.
Regarding claim 4, Adachi (Figures 1-6) teaches (at least implicitly) wherein the control unit includes a storage device [e.g., a memory] that stores, for the deceleration target, information on a standard distance between the deceleration target and the notifying target, and is configured to, when the control unit detects the notifying target, estimate (or calculate) a distance from a present (or current) position of the vehicle to the detected notifying target, acquire information on the standard distance corresponding to the detected notifying target from the storage device, estimate (or calculate) a provisional traveling distance [e.g., indicated via D1 per Fig. 6] from the present position of the vehicle to the deceleration target corresponding to the detected notifying target based on the estimated distance and the acquired standard distance, and determine a start timing of the provisional deceleration control by determining whether or not the vehicle has reached a deceleration start position of the provisional deceleration pattern based on a traveling distance of the vehicle from a time point when the notifying target was detected, the provisional traveling distance, and the provisional deceleration pattern (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029]-[0038]) [e.g., the storage device or memory is regarded as a fundamental and/or inherent feature of the ECU 12]; [e.g., the functional equivalent(s) to the claim limitations is/are implied and/or reasonably inferable in view of the context with respect to the estimating (or calculating) of the respective distances D1, D2, etc. and/or the start and stop times of the respective deceleration control(s)]. Also refer to discussion regarding claim 1.
Regarding claim 5, Adachi (Figures 1-6) teaches wherein the vehicle has (or can have) a radar device that detects a distance between the vehicle and the deceleration target in front of the vehicle, and the control unit is configured to, when the control unit detects the notifying target, estimate (or calculate) the distance from the present (or current) position of the vehicle to the notifying target based on the distance detected by the radar device (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029]-[0038], [0056]) [e.g., “the stop sign 21 and the stop line 22 may be detected by another method. For example, the stop sign 21 and the stop line 22 may be detected by a detection result of a radar or a LIDAR (Light Detection and Ranging)”]. Also refer to discussions regarding claims 1 and 4.
Regarding claim 6, Adachi (Figures 1-6) teaches wherein the notifying target comprises a sign [e.g., a stop sign] (21) (see Fig. 1-6 in conjunction with abstract and paragraphs [0008]-[0010], [0018]-[0020], [0029]). Also refer to discussion regarding claim 1.
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 3 is rejected under 35 U.S.C. 103 as being obvious over US 20190031174 A1 (Adachi).
Regarding claim 3, Adachi teaches the invention as claimed and as discussed above. Adachi fails to explicitly or expressly teach wherein the vehicle has a navigation device, and the control unit is configured to acquire information on a present position of the vehicle from the navigation device, and determine a start timing of the provisional deceleration control by determining whether or not the vehicle has reached a deceleration start position of the provisional deceleration pattern based on the present position of the vehicle and the provisional deceleration pattern.
However, the aforementioned subject matter relates to a routine and/or conventional use (or application) of a navigation device such as a Global Positioning System (GPS), and to the extent that
it would have been obvious to one of ordinary skill in the art and/or merely involve routine skill in the art to accordingly utilize or implement a GPS system as a modification (or an alternative) to the driving assistance device per Adachi [e.g., utilizing a GPS and/or GPS data in addition to the camera/image data from the camera 11 per Fig. 1 of Adachi], in order to achieve one or more of enhanced safety and improved efficiency via enabling optimized distance/route planning and/or more accurate positioning determinations/calculations for the driving assistance device per Adachi (implicit in view of well-known and/or basic engineering logic/principles concerning the utilization of navigation devices (or GPS devices) in vehicles and/or vehicle driving assistance systems). Also refer to discussion regarding claim 1.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D TAYLOR JR whose telephone number is (469)295-9192. The examiner can normally be reached Mon-Fri 9a-5p (central time).
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/ANTHONY DONALD TAYLOR JR./Examiner, Art Unit 3747
/KURT PHILIP LIETHEN/Primary Examiner, Art Unit 3747