DETAILED ACTION
1. This Final Rejection is in response to the Amendment filed August 3, 2026.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1-8 and 11-16 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over the Dax reference (US Patent Publication No. 2021/0229656) in view of the Totzke reference (US Patent Publication No. 2024/0101116).
5. Regarding claim 1, the Dax reference discloses:
an emergency braking triggering device [Paragraph 0082—braking system] for a vehicle, comprising:
an electronic device (504) configured in such a way that, using the electronic device, taking into account environmental information [Paragraph 0065—sensor data] provided by at least one environmental sensing device [Paragraph 0077] of the vehicle and ego driving information [Paragraph 0077—accelerometers] provided by at least one sensor and/or control and/or information output device of the vehicle (106), it is ascertained in each case, for at least one respective foreign object (112) moving in at least one subenvironment of the vehicle (106), whether at least one specified prerequisite for a probable collision between the vehicle during continued driving of the vehicle during a specified future time interval within a probable driving corridor and the respective foreign object during movement of the respective foreign object during the future time interval within a probable movement corridor intersecting the driving corridor is met (114) [Paragraph 0024] and, the electronic device (504) is used to output at least sometimes at least one activation signal to at least one brake device of the vehicle so that the vehicle can be braked by the at least one brake device activated by the at least one activation signal [Paragraph 0028—may cause the autonomous vehicle 106 to stop]; wherein the electronic device is additionally configured in such a way that the electronic device ascertains whether a travel path length [Paragraph 0028—a yield action (requires calculating the distance to the collision zone)] of a future travel path of the vehicle within the probable driving corridor to the intersecting probable movement corridor is greater than or equal to a specified or self-defined threshold value [Paragraph 0028—likelihood of collision], wherein, provided that the at least one prerequisite is met [Paragraph 0028—yield indicated] and the travel path length is greater than or equal to the threshold value [Paragraph 0028—collision indicated], the at least one activation signal can be output to the at least one brake device [Paragraph 0028—slow down to yield];
wherein the electronic device is configured in such a way that the electronic device determines a future braking distance of the vehicle that can be brought about using the at least one brake device [Paragraph 0028—yield to prevent collision would require determining a future braking distance having a threshold value equal to the determined braking distance]
wherein the electronic device is additional configured in such a way that the safety distance is defined using the electronic device, at least taking into account; (i) a current driving speed of the vehicle, and/or (ii) a current movement speed of the foreign object intersecting during the future time interval, and/or (iii) at least one provided or requested current ambient conditions and/or (iv) at least one provided or requested current weather condition [Paragraph 0028].
The Dax reference discloses the invention as essentially claimed. However, the Dax reference fails to disclose and defines the threshold value to be equal to a sum of the determined braking distance and a specified safety distance. The Totzke reference teaches it is conventional in the art of braking systems to provide as taught in [Paragraph 0025] and defines the threshold value to be equal to a sum of the determined braking distance and a specified safety distance [Paragraph 0025]. Such configurations/structures would allow development of the critical speed [Paragraph 0025].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the device of the Dax reference, such that the device further includes wherein the electronic device is configured in such a way that the electronic device determines a future braking distance of the vehicle that can be brought about using the at least one brake device and defines the threshold value to be equal to a sum of the determined braking distance and a specified safety distance, as clearly suggested and taught by the Totzke reference, in order to allow development of the critical speed [Paragraph 0025].
6. Regarding claim 2, the Dax reference further discloses:
wherein the electronic device (504) is additionally configured in such a way that, using the electronic device, it is ascertained whether the foreign object intersecting during the future time interval and/or its movement meet at least one specified condition (118) (B), wherein, provided that the at least one prerequisite is met [Paragraph 0028—collision possible] and the intersecting foreign object and/or its movement meet at least one of the at least one condition [Paragraph 0028—follows the trajectory], even if the travel path length is less than the threshold value [Paragraph 0028—no collision is indicated], the at least one activation signal is output to the at least one brake device using the electronic device [Paragraph 0028—still slows down to yield], whereas, provided that the at least one prerequisite is met and the travel path length is less than the threshold value [Paragraph 0028—no collision is indicated], but the at least one condition is unmet [Paragraph 0028—collision not possible because of yield], outputting of the at least one activation signal using the electronic device to the at least one brake device is prevented [Paragraph 0028—no slowing down to yield implicit].
7. Regarding claim 3, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that, using the electronic device, taking into account the environmental information, it is ascertained whether the foreign object intersecting during the future time interval meets the specified condition that the intersecting foreign object is a pedestrian and/or an occupied bicycle and/or an occupied electric bicycle and/or an occupied wheel chair and/or an occupied scooter and/or an occupied electric scooter and/or an occupied moped and/or an occupied motorcycle [Paragraph 0023].
8. Regarding claim 4, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that using the electronic device, taking into account the environmental information, it is ascertained whether the movement of the foreign object intersecting during the future time interval meets the specified condition that a current movement speed of the intersecting foreign object is less than a specified speed threshold value [Paragraph 0024].
9. Regarding claim 5, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that the electronic device, taking into account the environmental information and the ego driving information, ascertains whether the movement of the foreign object intersecting during the future time interval meets the specified condition that an inclination angle between the probable driving corridor and the intersecting probable movement corridor is outside a specified angular range [Paragraph 0024].
10. Regarding claim 6, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that the electronic device, taking into account the environmental information and the ego driving information, ascertains whether the movement of the foreign object intersecting during the future time interval meets the specified condition that a probable contact surface of the foreign object
present as a foreign vehicle with the vehicle is at a distance from a vehicle front of the foreign object in a probable collision during the future time interval (FIG. 1).
11. Regarding claim 7, the Dax reference further discloses: wherein the electronic device is additionally configured in such a way that, provided that the at least one prerequisite is met and the travel path length is less than the threshold value, output of the at least one activation signal using the electronic device to the at least one brake device is prevented [Paragraph 0027-0028—implicit that if probability of collision is zero no brake application].
12. Regarding claim 8, the Dax reference further discloses:
wherein the electronic device is configured in such a way that the threshold value can be defined using the electronic device, at least taking into account a current driving speed of the vehicle [Paragraph 0024].
14. Regarding claim 11, the Dax reference discloses:
a method for triggering emergency braking of a vehicle [Paragraph 0028], comprising the following steps:
ascertaining (FIG. 1), taking into account environmental information [Paragraph 0065—sensor data] provided by at least one environmental sensing device of the vehicle [Paragraph 0077] and ego driving information provided by at least one sensor [Paragraph 0077—accelerometers] and/or control, and/or information output device of the vehicle (106), in each case for at least one respective foreign object (112) moving in at least one subenvironment of the vehicle (106), whether at least one specified prerequisite for a probable collision between the vehicle during continued driving of the vehicle during a specified future time interval within a probable driving corridor and the respective foreign object during movement of the respective foreign object during the future time interval within a probable movement corridor intersecting the driving corridor is met (114) [Paragraph 0024];
wherein, at least one activation signal is output at least sometimes to at least one brake device of the vehicle such that the vehicle is braked using the at least one brake device activated by the at least one activation signal [Paragraph 0028—may cause the autonomous vehicle 106 to stop];
provided that the at least one prerequisite is met [Paragraph 0028—yield indicated], ascertaining whether a travel path length of a future travel path of the vehicle within the probable driving corridor to the intersecting probable movement corridor is greater than or equal
to a specified or determined threshold value [Paragraph 0028—a yield action (requires calculating the distance to the collision zone)];
provided that the travel path length is greater than or equal to the threshold value [Paragraph 0028—collision indicated], outputting the at least one activation signal to the at least one brake device [Paragraph 0028—slow down to yield][[.]];
wherein the electronic device is configured in such a way that the electronic device determines a future braking distance of the vehicle that can be brought about using the at least one brake device [Paragraph 0028—yield to prevent collision would require determining a future braking distance having a threshold value equal to the determined braking distance]
wherein the electronic device is additional configured in such a way that the safety distance is defined using the electronic device, at least taking into account; (i) a current driving speed of the vehicle, and/or (ii) a current movement speed of the foreign object intersecting during the future time interval, and/or (iii) at least one provided or requested current ambient conditions and/or (iv) at least one provided or requested current weather condition [Paragraph 0028].
The Dax reference discloses the invention as essentially claimed. However, the Dax reference fails to disclose and defines the threshold value to be equal to a sum of the determined braking distance and a specified safety distance. The Totzke reference teaches it is conventional in the art of braking systems to provide as taught in [Paragraph 0025] and defines the threshold value to be equal to a sum of the determined braking distance and a specified safety distance [Paragraph 0025]. Such configurations/structures would allow development of the critical speed [Paragraph 0025].
Thus, it would have been obvious to one of ordinary skill in the art by the effective filing date of the claimed invention to modify the device of the Dax reference, such that the device further includes wherein the electronic device is configured in such a way that the electronic device determines a future braking distance of the vehicle that can be brought about using the at least one brake device and defines the threshold value to be equal to a sum of the determined braking distance and a specified safety distance, as clearly suggested and taught by the Totzke reference, in order to allow development of the critical speed [Paragraph 0025].
12. Regarding claim 12, the Dax reference fails to disclose:
wherein the electronic device is additionally configured in such a way that the safety distance is defined using the electronic device, taking into account at least one provided or requested current ambient condition. The examiner takes Official Notice that is well known in the art of autonomous vehicles to use an electronic device to take into account at least one provided or requested current ambient condition to determine a safety distance for the purpose of improved autonomous driving.
13. Regarding claim 13, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that the safety distance is defined using the electronic device, taking into account at least one provided or requested current weather condition [Paragraph 0065].
14. Regarding claim 14, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that the safety distance is defined using the electronic device, taking into account (i) a current driving speed of the vehicle, and/or (ii) a current movement speed of the foreign object intersecting during the future time interval, and/or (iii) at least one provided or requested current ambient conditions and/or (iv) at least one provided or requested current weather condition [Paragraph 0028].
15. Regarding claim 15, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that the future braking distance (FIG. 1) is adapted by the electronic device to the probable corridor of the vehicle (FIG. 1—the trajectory calculates implicitly has a future braking distance to prevent collision and that distance is adapted to the probable corridor of the vehicle).
16. Regarding claim 16, the Dax reference further discloses:
wherein the electronic device is additionally configured in such a way that, after the at least one activation signal has been output to the at least one brake device and the vehicle is being braked by the at least one brake device (FIG. 1—128--yield) [Paragraph 0036—decelerating], the braking of the vehicle is continued by the at least one brake device even if the travel path length decreases below the threshold value [Paragraph 0044—minimum distance (this is below some threshold non minimum distance, and then perform yield] or (FIG. 1—128—yield would still occur even if a collision was inevitable below regular threshold for yield), and the braking of the vehicle is continued after the vehicle has reached an intersection area of the probable driving corridor with the intersecting probable movement corridor [Paragraph 0050].
Response to Arguments
Applicant's arguments filed August 3, 2026 have been fully considered but they are not persuasive. The Applicant amends the independent claims to incorporate the subject matter of claim 10. The subject matter of claim 10 is disclosed by [Paragraph 0028] of the Dax reference, particularly (ii) a current movement speed of the foreign object intersecting the future interval. [[Paragraph 0028]] discloses a trajectory (118) (B) which implicitly disclosed a speed and a direction of a foreign object (112) intersecting the future interval [Paragraph 0028—junction]. Accordingly, the rejection of claim 10 is proper and therefore the rejection of claims 1 and 11 are also proper. The Applicant discusses reasons why the dependent claims are independently allowable, however, the dispute appears to hang on the lack of disclosure of a brake signal. A brake signal is implicitly disclosed upon the explicit disclosure of “yield” among others which indicate a slowing to avoid a collision. Accordingly, the claims are rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES J BRAUCH whose telephone number is (313)446-6511. The examiner can normally be reached Monday-Friday 9:00 AM to 6 PM.
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, Lindsay Low can be reached at (571) 272-1196. 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.
/CHARLES JOSEPH BRAUCH/
Examiner
Art Unit 3747
/LONG T TRAN/Primary Examiner, Art Unit 3747
Prosecution Insights