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 .
Status of Claims
The amendment of 10/09/2025 has been entered. Claims 1-6 are currently pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2025 and 12/08/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Analysis - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6 are eligible under 35 U.S.C. 101 at step 2A prong 2 because the additional elements, when considered together, integrate the recited mental processes and/or mathematical concepts into a practical application. Specifically, while the step of displaying individually might be considered post-solution activity, when combined with the other additional elements the claim as a whole provides an improvement in the safety of driving vehicles.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
At claim 1 line 7 “a driver” should read --the driver--.
At claim 6 line 7 “a driver” should read --the driver--.
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over CHUNG (US 10,240,937) in view of KOLANKO (EP 2 505 962).
Regarding claim 1, CHUNG discloses a lane change assistance device that assists a vehicle to make a lane change to an adjacent lane, the lane change assistance device comprising:
a lane change need determiner that determines whether there is a situation that requires the vehicle to make the lane change to the adjacent lane based on operation information indicating that a direction indicator of the vehicle has been operated by a driver (col. 36 lines 25-30);
a lane changeability determiner that determines whether it is possible for the vehicle to make the lane change to the adjacent lane, by detecting any other vehicle traveling in the adjacent lane based on the surrounding environment information (col. 36 lines 34-36, 38-43, and 54-59); and
a display controller (col. 24 lines 64-65) that causes, when the lane change need determiner determines that there is the situation that requires the vehicle to make the lane change to the adjacent lane (col. 36 lines 25-30), a display (441) to display an image indicating whether it is possible for the vehicle to make the lane change to the adjacent lane (Fig. 13F, col. 36 lines 38-43 and 54-59) in a state in which the image is superimposed on the adjacent lane (Fig. 13F) when seen through a display medium of the vehicle (windshield, i.a. col. 36 lines 42 and 58), based on a determination result of the lane changeability determiner (Fig. 13F, col. 36 lines 38-43 and 54-59).
CHUNG does not disclose a lane change need determiner that determines whether there is a situation that requires the vehicle to make the lane change to the adjacent lane based on surrounding environment information indicating a surrounding environment of the vehicle nor
a display controller that causes, when the lane change need determiner determines that there is the situation that requires the vehicle to make the lane change to the adjacent lane and that the driver does not have the intention to change lanes, a display to display an image indicating whether it is possible for the vehicle to make the lane change to the adjacent lane.
KOLANKO teaches a lane-change-assistant device comprising a lane change need determiner (implied part of 103, 0045) that determines whether there is a situation that requires the vehicle to make the lane change to the adjacent lane based on surrounding environment information indicating a surrounding environment of the vehicle (0031 lines 1-2), and whether a driver has an intention to change lanes based on operation information indicating that a direction indicator of the vehicle has been operated by a driver (0104 lines 5-8); and
a display controller (i.a. 0087 lines 1-4) that causes, when the lane change need determiner determines that there is the situation that requires the vehicle to make the lane change to the adjacent lane (implied, i.a. 0105 lines 1-2) and that the driver does not have the intention to change lanes (implied, 0105 lines 1-3), a display to display an image indicating whether it is possible for the vehicle to make the lane change to the adjacent lane (implied, i.a. 0087 lines 1-4, 0105 lines 1-3, etc.), otherwise no lane change request will be issued to avoid unnecessary driving instructions (0105 lines 4-5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure the lane-change-assistant device of CHUNG as taught by KOLANKO to avoid unnecessary driving instructions.
Regarding claim 2, CHUNG discloses the lane change assistance device according to claim 1.
wherein the lane changeability determiner calculates a degree of margin for the vehicle to make the lane change to the adjacent lane (determines distance from object in adjacent lane, implied, col. 36 lines 38-40 and 55-56) and, based on the degree of margin (within/not within predetermined distance, col. 36 lines 38-40 and 55-56), determines, in levels, whether it is possible for the vehicle to make the lane change to the adjacent lane (level 1, possible, first color; level 2, not possible, second color; col. 36 lines 38-43 and 54-59).
Regarding claim 3, CHUNG discloses the lane change assistance device according to claim 2.
CHUNG further discloses wherein the display controller varies a display mode of the image depending on the degree of margin (not within predetermined distance, first color; within predetermined distance, second color; col. 36 lines 38-43 and 54-59).
Regarding claim 4, CHUNG discloses the lane change assistance device according to claim 1.
CHUNG further discloses wherein the display (441) projects light representing the image to the display medium (windshield) and causes the light to reflect off the display medium, to display the image as a virtual image through the display medium (col. 23 line 59 - col. 24 line 2).
Regarding claim 5, CHUNG discloses the lane change assistance device according to claim 4.
CHUNG further discloses wherein the display medium is a windshield (col. 23 line 61).
Regarding claim 6, CHUNG discloses a lane change assistance method of assisting a vehicle to make a lane change to an adjacent lane, the lane change assistance method comprising:
(a) determining whether there is a situation that requires the vehicle to make the lane change to the adjacent lane based on whether a driver has an intention to change lanes based on operation information indicating that a direction indicator of the vehicle has been operated by a driver (col. 36 lines 25-30);
(b) determining whether it is possible for the vehicle to make the lane change to the adjacent lane, by detecting any other vehicle traveling in the adjacent lane based on the surrounding environment information (col. 36 lines 34-36, 38-43, and 54-59); and
(c) causing, when it is determined in (a) that there is the situation that requires the vehicle to make the lane change to the adjacent lane (col. 36 lines 25-30), a display (441) to display an image indicating whether it is possible for the vehicle to make the lane change to the adjacent lane (Fig. 13F, col. 36 lines 38-43 and 54-59) in a state in which the image is superimposed on the adjacent lane (Fig. 13F) when seen through a display medium of the vehicle (windshield, i.a. col. 36 lines 42 and 58), based on a determination result of (b) (Fig. 13F, col. 36 lines 38-43 and 54-59).
CHUNG does not disclose (a) determining whether there is a situation that requires the vehicle to make the lane change to the adjacent lane based on surrounding environment information indicating a surrounding environment of the vehicle; nor
(c) causing, when it is determined in (a) that there is the situation that requires the vehicle to make the lane change to the adjacent lane and the driver does not have the intention to change lanes, a display to display an image indicating whether it is possible for the vehicle to make the lane change to the adjacent lane.
KOLANKO discloses a lane change assistance method comprising (a) determining whether there is a situation that requires the vehicle to make the lane change to the adjacent lane based on surrounding environment information indicating a surrounding environment of the vehicle (0031 lines 1-2), and whether a driver has an intention to change lanes based on operation information indicating that a direction indicator of the vehicle has been operated by a driver (0104 lines 5-8); nor
(c) causing, when it is determined in (a) that there is the situation that requires the vehicle to make the lane change to the adjacent lane (implied, i.a. 0105 lines 1-2) and the driver does not have the intention to change lanes (implied, 0105 lines 1-3), a display to display an image indicating whether it is possible for the vehicle to make the lane change to the adjacent lane (implied, i.a. 0087 lines 1-4, 0105 lines 1-3, etc.), otherwise no lane change request will be issued to avoid unnecessary driving instructions (0105 lines 4-5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure the lane-change-assistant method of CHUNG as taught by KOLANKO to avoid unnecessary driving instructions.
Response to Arguments
The following remarks respond to Applicant’s arguments filed 10/09/2025.
Applicant’s arguments regarding the rejection of the claims under 102 over the CHUNG reference, see pgs. 7-9, have been fully considered but are not persuasive because they do not apply to newly discovered reference POLANKO.
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 MARK L. GREENE whose telephone number is (571)270-7555. The examiner can normally be reached M-F 8:30-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK L. GREENE/Primary Examiner, Art Unit 3747