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 .
Examiner Note:
Cited references are bold italicized. Examiner interpretations are proceeding with an asterisk *.
Response to Arguments
Claim Rejections - 35 USC § 103:
Applicant’s arguments, filed 2/01/2026, with respect to the rejection of independent claims 1, 8 and 9 have been considered but are moot. Amendment to independent claims 1, 8 and 9 necessitates new grounds of rejection.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/01/2026 has been entered.
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.
Claims 1-2, 8-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Alzuhd et al. (US 20240124011 A1; hereinafter Alzuhd) in view of Fang et al. (WO 2018198186 A1; hereinafter Fang).
Regarding claim 1, Alzuhd teaches a vehicle control device comprising a processor ([0049] an advanced driver-assistance system electronic control unit ADAS-ECU…includes a processor) configured to: acquire nearby vehicle information and surrounding road environment information of a host vehicle ([0049] The ADAS-ECU is configured to receive data from sensors; [0041] The sensor…can be configured to determine the location of the third-party vehicle in relation to the host vehicle); and perform blind spot avoidance control for making the host vehicle avoid traveling in a blind spot of a nearby vehicle (see at least, [0025] FIG. 2 shows a host vehicle with a blind spot avoidance system in a blind spot region of another vehicle) based on the nearby vehicle information (see at least, [0049] the data received from the sensors…the ADAS-ECU determines whether the vehicle is traveling in a blind spot of another vehicle).
Alzuhd does not explicitly teach wherein the processor is configured to perform suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information. However, Fang teaches this limitation.
Fang teaches wherein the processor is configured to perform suppression of the blind spot avoidance control (see at least, [~0062] since the situation in the blind spot area can be predicted in advance, the host vehicle 51 can suppress sudden changes in the behavior of the vehicle such as sudden braking and sudden steering ) while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information (see at least, Fig 7, [~0030] there is a blind spot area 33 due to the preceding vehicle 71 of the host vehicle 51, and a merging vehicle 65 exists. In such a case, the detectable object detection unit 15 detects the merge vehicle 65).
[AltContent: textbox (Host Vehicle -51)][AltContent: textbox (Merged section of merged lane)][AltContent: connector][AltContent: connector]
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It would have been obvious to one of ordinary before the effective filing date of the claimed invention to modify Alzuhd to include suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information as taught by Fang in order to to suppress a sense of discomfort given to the occupant (Fang, [~0062]).
Regarding claim 2, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. Alzuhd further teaches wherein the processor is configured to determine whether to suppress the blind spot avoidance control and calculate acceleration and deceleration of the host vehicle for suppressing the blind spot avoidance control (see at least, [0050] If the ADAS-ECU determines that the vehicle is traveling in the blind spot of another vehicle, the ADAS-ECU can send a signal, such as a control command and/or communication message, to the Engine ECU to accelerate the vehicle or to the Brake ECU to decelerate the vehicle so as to cause the vehicle to exit the blind spot).
Regarding claim 8, Alzuhd teaches a vehicle control method comprising: acquiring nearby vehicle information and surrounding road environment information of a host vehicle ([0049] The ADAS-ECU is configured to receive data from sensors; [0041] The sensor…can be configured to determine the location of the third-party vehicle in relation to the host vehicle); and performing blind spot avoidance control for making the host vehicle avoid traveling in a blind spot of a nearby vehicle (see at least, [0025] FIG. 2 shows a host vehicle with a blind spot avoidance system in a blind spot region of another vehicle) based on the nearby vehicle information (see at least, [0049] the data received from the sensors…the ADAS-ECU determines whether the vehicle is traveling in a blind spot of another vehicle).
Alzuhd does not explicitly teach suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information. However, Fang teaches this limitation.
Fang teaches suppression of the blind spot avoidance control (see at least, [~0062] since the situation in the blind spot area can be predicted in advance, the host vehicle 51 can suppress sudden changes in the behavior of the vehicle such as sudden braking and sudden steering ) while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information (see at least, Fig 7, [~0030] there is a blind spot area 33 due to the preceding vehicle 71 of the host vehicle 51, and a merging vehicle 65 exists. In such a case, the detectable object detection unit 15 detects the merge vehicle 65).
[AltContent: textbox (Host Vehicle -51)][AltContent: textbox (Merged section of merged lane)][AltContent: connector][AltContent: connector]
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It would have been obvious to one of ordinary before the effective filing date of the claimed invention to modify Alzuhd to include suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information as taught by Fang in order to suppress a sense of discomfort given to the occupant (Fang, [~0062]).
Regarding claim 9, Alzuhd teaches a non-transitory recording medium having recorded thereon a computer program for causing a processor to execute a process ([0049] the ADAS-ECU includes a processor and a non-transitory computer readable medium. The non-transitory computer readable medium can include program code stored thereon for executing methods) comprising: acquiring nearby vehicle information and surrounding road environment information of a host vehicle ([0049] The ADAS-ECU is configured to receive data from sensors; [0041] The sensor…can be configured to determine the location of the third-party vehicle in relation to the host vehicle); and performing blind spot avoidance control for making the host vehicle avoid traveling in a blind spot of a nearby vehicle (see at least,
[0025] FIG. 2 shows a host vehicle with a blind spot avoidance system in a blind spot region of another vehicle) based on the nearby vehicle information ([0049] the data received from the sensors…the ADAS-ECU determines whether the vehicle is traveling in a blind spot of another vehicle), wherein suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section based on the surrounding road environment information is performed.
Alzuhd does not explicitly teach suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information. However, Fang teaches this limitation.
Fang teaches suppression of the blind spot avoidance control (see at least, [~0062] since the situation in the blind spot area can be predicted in advance, the host vehicle 51 can suppress sudden changes in the behavior of the vehicle such as sudden braking and sudden steering ) while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information (see at least, Fig 7, [~0030] there is a blind spot area 33 due to the preceding vehicle 71 of the host vehicle 51, and a merging vehicle 65 exists. In such a case, the detectable object detection unit 15 detects the merge vehicle 65).
[AltContent: textbox (Host Vehicle -51)][AltContent: textbox (Merged section of merged lane)][AltContent: connector][AltContent: connector]
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It would have been obvious to one of ordinary before the effective filing date of the claimed invention to modify Alzuhd to include suppression of the blind spot avoidance control while the host vehicle is traveling in a merged section of a merged lane based on the surrounding road environment information as taught by Fang in order to suppress a sense of discomfort given to the occupant (Fang, [~0062]).
Regarding claim 10, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. Alzuhd further teaches wherein the processor is further configured to perform the suppression of the blind spot avoidance control while the host vehicle is traveling in passing lane or priority lane based on the surrounding road environment information (see at least, ([0041] FIG. 5 shows a host vehicle 10 having a blind spot avoidance system 5 traveling in lane L2…the blind spot avoidance
system…includes a first sensor…for determining whether another vehicle is in an adjacent lane L1 on a first side of the host vehicle 10; [0050] the ADAS-ECU can send a signal, such as a control command…to the Engine ECU to accelerate the vehicle or to the Brake ECU to decelerate the vehicle so as to cause the vehicle to exit the blind spot).
Regarding claim 11, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. Alzuhd further teaches wherein the vehicle control device is provided in the host vehicle and configured by an autonomous driving control electronic control unit (ECU) (see at least, [0049] FIG. 8
Shows…an advanced driver-assistance system electronic control unit ADAS-ECU connected to sensors 11 and a forward sensor 12).
Regarding claim 13, the combination of Alzuhd and Fang teaches the non-transitory recording medium according to claim 9. Alzuhd further teaches wherein the non-transitory recording medium includes a memory or a medium in an autonomous driving control electronic control unit (ECU) on the host vehicle (see at least, [0049] the ADAS-ECU includes a processor and a non-transitory computer readable medium. The non-transitory computer readable medium can include program code stored thereon for executing methods)).
Claims 3-4, 6-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Alzuhd et al. (US 20240124011 A1; hereinafter Alzuhd) in view of Fang et al. (WO 2018198186 A1; hereinafter Fang) and in further view of Elimaleh et al. (US 20230005374 A1; hereinafter Elimaleh).
Regarding claim 3, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. The combination does not explicitly teach wherein the processor is configured to determine whether the host vehicle is traveling in any of the passing lane, HOV (high occupancy vehicle) lane, and express lane based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle. However, Elimaleh teaches this limitation.
Elimaleh teaches wherein the processor is configured to determine whether the host vehicle is traveling in any of the passing lane, HOV (high occupancy vehicle) lane, and express lane based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle (see at least, [0354] the front facing camera may detect
… lane 275…is an acceleration lane…may be identified and/or confirmed based on available map information, such as sparse map 800).
It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include determine whether the host vehicle is traveling in any of the passing lane, HOV (high occupancy vehicle) lane, and express lane based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle as taught by Elimaleh as taught by Elimaleh in order to determine a control action taken in response to a detected condition, may include determining and implementing a navigation action for host vehicle (Elimaleh, [0357]).
Regarding claim 4, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. The combination does not explicitly teach wherein the processor is configured to determine whether the host vehicle is traveling in the merged section based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle. However, Elimaleh teaches this limitation.
Elimaleh teaches wherein the processor is configured to determine whether the host vehicle is traveling in the merged section based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle (see at least, [0354] the system may determine that lane…detected from the rear-facing camera merges with lane…at a position ahead of the host vehicle. As another example, the front facing camera may detect merge
arrow).
It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include wherein the processor is configured to determine whether the host vehicle is traveling in the merged section based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle as taught by Elimaleh in order to determine a control action taken in response to a detected condition, may include determining and implementing a navigation action for host vehicle (Elimaleh, [0357]).
Regarding claim 6, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. The combination not explicitly teach wherein a zebra zone does not exist between a merged lane which is a lane including a merged section and a merging lane, and the merged section is comprised of a section between a position at a predetermined distance from a merging end and the merging end in the merged lane. However, Elimaleh teaches this limitation (Fig 11B).
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It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include wherein the processor is configured to determine whether the host vehicle is traveling in the merged section based on at least one of position information and map information of the host vehicle obtained from GPS unit and map information unit provided in the host vehicle and image data of the vicinity of the host vehicle obtained from a camera provided in the host vehicle as taught by Elimaleh in order to determine a control action taken in response to a detected condition, may include determining and implementing a navigation action for host vehicle (Elimaleh, [0357])
Regarding claim 7, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. Alzuhd further teaches wherein when the host vehicle moves from outside the merged section to inside the merged section in a state in which the processor is not performing the blind spot avoidance control, the processor is not configured to start the blind spot avoidance control (see at least, [0044] a time gap 27 of less than three seconds can be used as a threshold for not outputting the signal. When traveling at low speeds...in traffic…the control unit can be configured to not output a blind spot avoidance signal when traveling less than, for example, 15 miles per hour).
The combination does not explicitly teach when the host vehicle moves from outside the merged section to inside the merged section in a state in which the processor is performing the blind spot avoidance control, the processor is not configured to perform control for making the host vehicle decelerate for performing the blind spot avoidance control, but is configured to perform speed increase suppression control of the host vehicle. However, Elimaleh teaches this limitation.
Elimaleh teaches when the host vehicle moves from outside the merged section to inside the merged section in a state in which the processor is performing the blind spot avoidance control, the processor is not configured to perform control for making the host vehicle decelerate for performing the blind spot avoidance control, but is configured to perform speed increase suppression control of the host vehicle (see at least, [0369] if the object is expected to continue to travel next to the host vehicle within the blind spot, the navigation action may include maintaining a current speed…to facilitate a merge maneuver of the object).
It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include when the host vehicle moves from outside the merged section to inside the merged section in a state in which the processor is performing the blind spot avoidance control, the processor is not configured to perform control for making the host vehicle decelerate for performing the blind spot avoidance control, but is configured to perform speed increase suppression control of the host vehicle, and as taught by Elimaleh in order to mitigate potential collisions with the vehicle while in the blind spot (Elimaleh, [0369]).
Regarding claim 12, the combination of Alzuhd and Fang teaches the vehicle control method according to claim 8. Alzuhd further teaches comprising: determining whether the host vehicle is traveling in the blind spot of the nearby vehicle based on the nearby vehicle information ([0049] the data received from the sensors…the ADAS-ECU determines whether the vehicle is traveling in a blind spot of another vehicle); and suppressing the blind spot avoidance control when the host vehicle is not traveling in the passing lane, the HOV lane or the express lane and when the host vehicle is not traveling in the merged section (see at least, [0044] a time gap 27 of less than three seconds can be used as a threshold for not outputting the signal. When traveling at low speeds...in traffic…the control unit can be configured to not output a blind spot avoidance signal when traveling less than, for example, 15 miles per hour).
Fang further teaches performing the blind spot avoidance control for making the host vehicle avoid traveling in the blind spot of the nearby vehicle when it is determined that the host vehicle is traveling in any of the passing lane, the HOV lane, and the express lane or when it is determined that the host vehicle is traveling in the merged section (see at least, [~0042] FIG. 6, the merging vehicle 65 is about to join the road on which the host vehicle 51 travels…when it is predicted that the other vehicle 41 exists in the blind spot area 33, the other vehicle 41 may join after the joining vehicle 65…the host vehicle route generation unit 21 generates a route that decelerates the host vehicle 51 and travels straight).
It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified Alzuhd to include performing the blind spot avoidance control for making the host vehicle avoid traveling in the blind spot of the nearby vehicle when it is determined that the host vehicle is traveling in the merged section as taught by Fang in order to avoid collision.
Elimaleh further teaches determining whether the host vehicle is traveling in any of passing lane in road management, high occupancy vehicle (HOV) lane as priority lane, and express lane as the priority lane based on the surrounding road environment information when the host vehicle is traveling in the blind spot of the nearby vehicle (see at least, [0357] while in the vehicle blind spot, the vehicle 2720 may be expected to drive next to host vehicle 2710…if lane 2750 is an acceleration lane, host vehicle 2710 may move into an adjacent lane to allow vehicle 2720 to merge); determining whether the host vehicle is traveling in the merged section based on the surrounding road environment information when the host vehicle is not traveling in the passing lane, the HOV lane or the express lane (see at least, [0354] the system may determine that lane…detected from the rear-facing camera merges with lane…at a position ahead of the host vehicle….the front facing camera may detect merge arrow the front facing camera).
It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include determining whether the host vehicle is traveling in any of passing lane in road management, high occupancy vehicle (HOV) lane as priority lane, and express lane as the priority lane based on the surrounding road environment information when the host vehicle is traveling in the blind spot of the nearby vehicle; determining whether the host vehicle is traveling in the merged section based on the surrounding road environment information when the host vehicle is not traveling in the passing lane, the HOV lane or the express lane as taught by Elimaleh in order to mitigate potential collisions with the vehicle while in the blind spot (Elimaleh, [0369]).
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Alzuhd et al. (US 20240124011 A1; hereinafter Alzuhd) in view of Fang et al. (WO 2018198186 A1; hereinafter Fang) and in further view of Yu et al. (US 20210284165 A1; hereinafter Yu).
Regarding claim 5, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. The combination does not explicitly teach wherein a zebra zone exists between a merged lane which is a lane including the merged section and a merging lane, and the merged section is comprised of a section between a hard nose and a soft nose in the merged lane and a section between the soft nose and a merging end. However, Yu teaches this limitation.
Yu teaches wherein a zebra zone exists between a merged lane which is a lane including the merged section and a merging lane, and the merged section is comprised of a section between a hard nose and a soft nose in the merged lane and a section between the soft nose and a merging end (see at least, Fig 3, [0067] An area where the lane L3 (first lane) and the lane L4 (second lane) are connected is a target area TA where the vehicle M can merge into the main lane…The target area TA is a section between an end TS of the zebra zone S1 on the plus X direction side and an end TE of the zebra zone S2 on the minus X direction side. The zebra zone is an example of a “buffer zone”).
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It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include a zebra zone exists between a merged lane which is a lane including the merged section and a merging lane, and the merged section is comprised of a section between a hard nose and a soft nose in the merged lane and a section between the soft nose and a merging end as taught by Yu in order to provide a road marking for guiding the traveling of a vehicle (Yu, [0044]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Alzuhd et al. (US 20240124011 A1; hereinafter Alzuhd) in view of Fang et al. (WO 2018198186 A1; hereinafter Fang) in further view of Kumano et al. (US 20200307592 A1; hereinafter Kumano).
Regarding claim 14, the combination of Alzuhd and Fang teaches the vehicle control device according to claim 1. The combination does not explicitly teach wherein the processor is configured to not perform suppression of the blind spot avoidance control while the host vehicle is traveling in a section other than the merged section of the merged lane. However, Kumano teaches this limitation.
Kumano teaches the processor is configured to not perform suppression of the blind spot avoidance control while the host vehicle is traveling in a section other than the merged section of the merged lane (see at least, Fig 10, [0118] The acceleration in the area AR22 may be changed depending on the degree of recognition of the blind area BP3 before arriving at the vicinity of the junction area).
It would have been obvious to one of ordinary before the effective filing date of the claimed invention to have further modified the combination of Alzuhd and Fang to include to not perform suppression of the blind spot avoidance control while the host vehicle is traveling in a section other than the merged section of the merged lane as taught by Kumano in order to avoid collision.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Watanabe et al. (US 20190118811 A1) discloses performing suppression of the blind spot avoidance control while the host vehicle is traveling in a merged lane based on the surrounding road environment information ([0041] the vehicle speed control device according to this embodiment cancels the blind zone avoidance control if the condition for allowing the vehicle 10 to move ahead of the blind zone 34 is satisfied without breaking the condition for the cruise control).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOYA PETTIEGREW whose telephone number is (313)446-6636. The examiner can normally be reached 8:30pm - 5:00pm M-F.
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, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOYA PETTIEGREW/Primary Examiner, Art Unit 3662
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