DETAILED ACTION
1. This Non-Final Rejection is in response to the Request for Continued Examination filed April 16, 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 10-11 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].
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].
13. Regarding claim 10, 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, 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 condition and/or (iv) at least one provided or requested current weather condition [Paragraph 0028].
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].
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].
Response to Arguments
Applicant's arguments filed April 16, 2026 have been fully considered but they are not persuasive. The Applicant amends the claims to incorporate the subject matter of claim 9. Claim 9 in the earlier Office Actions were rejected with the same rationales provided here. The only thing that wasn’t considered was the determined braking distance plus specified safety distance since that was listed as an alternative. Now that the alternative has been made a requirement the Totzke reference is being brought in to show that it was well known at the time of the invention to use a determined braking distance with a specified safety distance. Accordingly, the claims are rejected.
Conclusion
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.
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/CHARLES JOSEPH BRAUCH/
Examiner
Art Unit 3747
/LONG T TRAN/Primary Examiner, Art Unit 3747
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