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
Claims 1-5, 7 are presented for examination.
Claim 6 is canceled.
Claims 1-5, 7 are rejected.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7 have been considered but are moot because the new ground of rejection does not rely on any reference (SIPPL et al. (US Pub. No.: 2019/0337525 A1: hereinafter “SIPPL”)) applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 7 is/are rejected under 35 U.S.C. 103 as -being unpatentable over SIPPL et al. (US Pub. No.: 2019/0337525 A1: hereinafter “SIPPL”) in view of Kempf.
Consider claim 1:
SIPPL teaches a safety system (100) (Figs. 1, 3 elements 1-12, 1-14) in a vehicle, the safety system (100) (See SIPPL, e.g., “…operating a partially autonomous motor vehicle…a non-parked state of the motor vehicle, sensor data of a sensor device…detects at least one person in the surroundings of the motor vehicle, are analyzed with respect to a behavior of the person disadvantageously impairing the further driving operation of the motor vehicle and at least one action counteracting the behavior of the person is triggered in dependence on the analysis result…” of Abstract, ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14) comprising: a controller (101) (Fig. 1 element 106, “The control device 6”); a plurality of sensors (102) (Fig. 1 element 5, “The sensor device 5 can also have further sensors detecting the entire surroundings of the motor vehicle 1, for example, radar and/or lidar and/or ultrasound sensors and/or at least one further camera”); and a stability monitoring system (103) (Fig. 1 element 5, “detecting the entire surroundings of the motor vehicle 1, for example, radar and/or lidar and/or ultrasound sensors and/or at least one further camera”), wherein the controller (101) is configured to: determine (e.g., “…a person 7 has climbed onto a vehicle body 14 of the driving motor vehicle 1…” of Fig. 3 elements 1-14) presence of at least one person in at least one forbidden zone located on the vehicle (e.g., a person on the vehicle, as exhibited in Fig. 3 elements 1-14) based on data received from the plurality of sensors (102) (See SIPPL, e.g., “…a person 7 has climbed onto a vehicle body 14 of the driving motor vehicle 1. Such a behavior is conceivable…if the motor vehicle 1 is driverless…a driverless taxi during an empty trip, and the person 7 is substantially uninhibited…as a result of consumption of alcohol and/or drugs or intends to commit vandalism…Such behavior is also described as a behavior pattern by the behavior model, so that corresponding actions for protection from self-endangerment of the person 7 and for protection of the motor vehicle 1 from damage are executed…control of the signal horn 9, the loudspeaker 10, and the illumination device 11, which output particularly urgent signals in this case, in addition an image of the person 7 is recorded using the camera of the sensor device 5 in this case and appended to the message to facilitate legal prosecution of the person 7…”, of Abstract, ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14); and provide an alert (See SIPPL, e.g., “…control of the signal horn 9, the loudspeaker 10, and the illumination device 11, which output particularly urgent signals in this case, in addition an image of the person 7 is recorded using the camera of the sensor device 5 in this case and appended to the message to facilitate legal prosecution of the person 7…” of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14) to at least one of an operator of the vehicle and one or more persons present in the at least one forbidden zone; performing at least one action on determining the presence of at least one person in the at least one forbidden zone located on the vehicle (See SIPPL, e.g., “…corresponding actions for protection from self-endangerment of the person 7 and for protection of the motor vehicle 1 from damage are executed…control of the signal horn 9, the loudspeaker 10, and the illumination device 11, which output particularly urgent signals in this case, in addition an image of the person 7 is recorded using the camera of the sensor device 5 in this case and appended to the message to facilitate legal prosecution of the person 7. The message, if the behavior takes place in public street traffic, is transmitted to the police in dependence on the location information…” of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14), when the vehicle is determined to be unstable and is moving or starting to move, based on inputs from the plurality of sensors (102) (See SIPPL, e.g., “…operating a partially autonomous motor vehicle…a non-parked state of the motor vehicle, sensor data of a sensor device…detects at least one person in the surroundings of the motor vehicle, are analyzed with respect to a behavior of the person disadvantageously impairing the further driving operation of the motor vehicle and at least one action counteracting the behavior of the person is triggered in dependence on the analysis result…” of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14).
SIPPL further teaches “…a non-parked state of the motor vehicle comprises in particular the driving of the motor vehicle, i.e., the movement at a velocity not equal to 0 km/h, and waiting at a standstill with a running engine or with an engine only stopped by a start-stop mechanism. A non-parked state is also provided in principle if a trajectory for the completely or partially autonomous further movement of the motor vehicle is planned, without the motor vehicle presently traveling along this trajectory. Electrically operated motor vehicles are also in a non-parked state if the electrical machine thereof is energized, without executing a rotational movement, to generate a magnetic field…”, as disclosed in of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14. However, SIPPL does not explicitly teach an agricultural vehicle, wherein the at least one action comprises at least one of reducing Revolutions Per Minute (RPM) of an engine of the agricultural vehicle, via an Engine Control Unit (ECU) (104); dis-engaging a clutch of the agricultural vehicle, via at least one actuator (105); and engaging brakes of the agricultural vehicle, via the at least one actuator (105).
In an analogous field of endeavor, Kempf teaches an agricultural vehicle (Fig. 1 element 10, “…A self-propelled forage harvester…”), wherein the at least one action comprises at least one of reducing Revolutions Per Minute (RPM) of an engine of the agricultural vehicle, via an Engine Control Unit (ECU) (104) (See Kempf, e.g., “…then the clutch 96 of the planetary transmission 76 is disengaged by the actuator 112, and shortly thereafter, the brake 98 is applied by the actuator 118…” of ¶ [0044], Fig. 2 elements 10, 76, 96, and 98); dis-engaging a clutch of the agricultural vehicle, via at least one actuator (105) (See Kempf, e.g., “…then the clutch 96 of the planetary transmission 76 is disengaged by the actuator 112, and shortly thereafter, the brake 98 is applied by the actuator 118…” of ¶ [0044], Fig. 2 elements 10, 76, 96, and 98); and engaging brakes of the agricultural vehicle, via the at least one actuator (105) (See Kempf, e.g., “…the working machine 10 is therefore in the working (harvesting) operating mode; then the clutch 96 of the planetary transmission 76 is disengaged by the actuator 112, and shortly thereafter, the brake 98 is applied by the actuator 118…” of ¶ [0044], Fig. 2 elements 10, 76, 96, and 98).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine “…a non-parked state of the motor vehicle comprises in particular the driving of the motor vehicle, i.e., the movement at a velocity not equal to 0 km/h, and waiting at a standstill with a running engine or with an engine only stopped by a start-stop mechanism. A non-parked state is also provided in principle if a trajectory for the completely or partially autonomous further movement of the motor vehicle is planned, without the motor vehicle presently traveling along this trajectory. Electrically operated motor vehicles are also in a non-parked state if the electrical machine thereof is energized, without executing a rotational movement, to generate a magnetic field…” , as disclosed in SIPPL with “an agricultural vehicle, wherein the at least one action comprises at least one of reducing Revolutions Per Minute (RPM) of an engine of the agricultural vehicle, via an Engine Control Unit (ECU) (104); dis-engaging a clutch of the agricultural vehicle, via at least one actuator (105); and engaging brakes of the agricultural vehicle, via the at least one actuator (105)”, as taught in Kempf with a reasonable expectation of success to yield a system, method to mitigate, and avoid collisions, accidents, and mishaps.
Consider claim 2:
The combination of SIPPL, Kempf teaches everything claimed as implemented in the rejection of claim 1 above. In addition, SIPPL teaches wherein the plurality of sensors (102) is configured to monitor one or more forbidden zones, wherein the plurality of sensors (102) are at least one of an Infrared (IR) camera, a camera, a radar sensor, a Passive Infrared Sensor (PIR), and an ultrasonic sensor (Fig. 1 element 5, “The sensor device 5 can also have further sensors detecting the entire surroundings of the motor vehicle 1, for example, radar and/or lidar and/or ultrasound sensors and/or at least one further camera”).
Consider claim 7:
The combination of SIPPL, Kempf teaches everything claimed as implemented in the rejection of claim 6 above. In addition, SIPPL teaches wherein the controller (101) is further configured to continue to provide the alerts to the at least one of an operator of the vehicle and one or more persons present in the forbidden zone (See SIPPL, e.g., “…corresponding actions for protection from self-endangerment of the person 7 and for protection of the motor vehicle 1 from damage are executed…control of the signal horn 9, the loudspeaker 10, and the illumination device 11, which output particularly urgent signals in this case, in addition an image of the person 7 is recorded using the camera of the sensor device 5 in this case and appended to the message to facilitate legal prosecution of the person 7. The message, if the behavior takes place in public street traffic, is transmitted to the police in dependence on the location information…” of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14), till the at least one sensor (102) detects that the vehicle is stable, or the at least one sensor (102) cannot detect at least one person in the forbidden zone (See SIPPL, e.g., “…corresponding actions for protection from self-endangerment of the person 7 and for protection of the motor vehicle 1 from damage are executed…control of the signal horn 9, the loudspeaker 10, and the illumination device 11, which output particularly urgent signals in this case…” of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14). Kempf teaches an agricultural vehicle (Fig. 1 element 10, “…A self-propelled forage harvester…”). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify SIPPL with the teachings of Kempf, so as to with a reasonable expectation of success, yield a system, method to prevent collisions.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as -being unpatentable over SIPPL in view of Kempf, and in further view of Foessel.
Consider claim 3:
The combination of SIPPL, Kempf teaches everything claimed as implemented in the rejection of claim 1 above. However, the combination of SIPPL, Kempf does not explicitly teach wherein the stability monitoring system (103) comprises an Inertial Measurement Unit (IMU) (103A), wherein the IMU (103A) is configured to measure at least one of longitudinal acceleration of the agricultural vehicle; lateral acceleration of the agricultural vehicle; vertical acceleration of the agricultural vehicle; roll rate of the agricultural vehicle; pitch rate of the agricultural vehicle; and yaw rate of the agricultural vehicle using a plurality of monitoring sensors.
In an analogous field of endeavor, Kempf teaches Foessel teaches wherein the stability monitoring system (103) comprises an Inertial Measurement Unit (IMU) (103A) (See Foessel, e.g., “…receives or accepts input data from a speedometer, an accelerometer…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S110, Fig. 6 elements 100-170, and Fig. 8 elements 102-182, Fig. 9 elements 100-22), wherein the IMU (103A) is configured to measure at least one of longitudinal acceleration of the agricultural vehicle (See Foessel, e.g., “…To calculate the reaction distance and deceleration distance, the motion monitoring module 16 receives or accepts input data from a speedometer, an accelerometer…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S110, Fig. 6 elements 100-170, and Fig. 8 elements 102-182, Fig. 9 elements 100-22); lateral acceleration of the agricultural vehicle (See Foessel, e.g., “…The navigable paths may depend upon the minimum turning radius 205 and associated speed or velocity of vehicle (e.g., to avoid tipping, roll-over, or stability problems). The navigable paths may evaluate all paths within the mechanical limits of the steering mechanism of the vehicle…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S; vertical acceleration of the agricultural vehicle (See Foessel, e.g., “…depend upon the minimum turning radius 205 and associated speed or velocity of vehicle (e.g., to avoid tipping, roll-over, or stability problems). The navigable paths may evaluate all paths within the mechanical limits of the steering mechanism of the vehicle…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S; roll rate of the agricultural vehicle (See Foessel, e.g., “…To calculate the reaction distance and deceleration distance, the motion monitoring module 16 receives or accepts input data from a speedometer, an accelerometer, a combination of an accelerometer and an integrator…The navigable paths may depend upon the minimum turning radius 205 and associated speed or velocity of vehicle (e.g., to avoid tipping, roll-over, or stability problems)…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S; pitch rate of the vehicle (See Foessel, e.g., “…depend upon the minimum turning radius 205 and associated speed or velocity of vehicle (e.g., to avoid tipping, roll-over, or stability problems)…evaluate all paths within the mechanical limits of the steering mechanism of the vehicle…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S; and yaw rate of the agricultural vehicle using a plurality of monitoring sensors (See Foessel, e.g., “…To calculate the reaction distance and deceleration distance, the motion monitoring module 16 receives or accepts input data from a speedometer, an accelerometer, a combination of an accelerometer and an integrator…another device for measuring the vehicular velocity or displacement of the vehicle versus time…The navigable paths may depend upon the minimum turning radius 205 and associated speed or velocity of vehicle (e.g., to avoid tipping, roll-over, or stability problems). The navigable paths may evaluate all paths within the mechanical limits of the steering mechanism of the vehicle…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S110, Fig. 6 elements 100-170, and Fig. 8 elements 102-182, Fig. 9 elements 100-22). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of SIPPL, Kempf with the teachings of Foessel, so as to with a reasonable expectation of success, yield “…a convenient or reliable procedure for determining quantitative safeguarding requirements or other defined safeguarding requirements applicable to navigation control of the vehicle…a method and a system to facilitate determining and providing a safety zone (e.g., a dynamic safety zone) associated with vehicle…”, as taught in ¶ [0002].
Consider claim 4:
The combination of SIPPL, Kempf, and Foessel teaches everything claimed as implemented in the rejection of claim 3 above. Foessel teaches wherein the Inertial Measurement Unit (IMU) (103A) is mounted as close to a center of gravity of the agricultural vehicle (See Foessel, e.g., “…To calculate the reaction distance and deceleration distance, the motion monitoring module 16 receives or accepts input data from a speedometer, an accelerometer, a combination of an accelerometer and an integrator…” of ¶ [0013]-¶ [0018], ¶ [0023]-¶ [0025], ¶ [0027]-¶ [0034], ¶ [0040]-¶ [0047], ¶ [0054]-¶ [0061], ¶ [0068]-¶ [0069], and Fig. 1 elements 10-20, Fig. 2 elements 10-111, Figs. 3-5 steps S100-S110, Fig. 6 elements 100-170, and Fig. 8 elements 102-182, Fig. 9 elements 100-22). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of SIPPL, Kempf with the teachings of Foessel, so as to with a reasonable expectation of success, yield “…a convenient or reliable procedure for determining quantitative safeguarding requirements or other defined safeguarding requirements applicable to navigation control of the vehicle…”, as taught in ¶ [0002].
Consider claim 5:
The combination of SIPPL, Kempf, and Foessel teaches everything claimed as implemented in the rejection of claim 3 above. In addition, SIPPL teaches wherein the controller (101) is configured to determine the vehicle is moving based on data provided by the stability monitoring system (103) (See SIPPL, e.g., “…corresponding actions for protection from self-endangerment of the person 7 and for protection of the motor vehicle 1 from damage are executed…control of the signal horn 9, the loudspeaker 10, and the illumination device 11, which output particularly urgent signals in this case…” of ¶ [0009]-¶ [0021], ¶ [0024]-¶ [0032], and Fig. 1 elements 1-12, Fig. 3 elements 1-14). Kempf teaches an agricultural vehicle (Fig. 1 element 10, “…A self-propelled forage harvester…”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ferrari et al. (US Pub. No.: 2024/0244987 A1) teaches “In one aspect, a system for detecting and addressing an unsafe working condition may include a work vehicle structured to operate over a work surface. The system can also include a proximity sensor mounted to the work vehicle and structured to generate a proximity sensor signal indicative of a presence of an obstacle within a dynamic zone of operation of the work vehicle. The system may also include a safety control system configured to receive the proximity sensor signal and execute a safety action based upon the proximity sensor signal, wherein the safety system is further configured to adjust the dynamic zone of operation based upon an object detection confidence measure.”
FUJII (US Pub. No.: 2024/0341216 A1) teaches “A travel control system for an agricultural machine capable of performing remotely-manipulated traveling includes a storage to store the position of a permitted area in which the remotely-manipulated traveling is permitted and a position of a forbidden area in which the remotely-manipulated traveling is forbidden, and a controller operable in a self-traveling mode in which the agricultural machine is caused to perform self-traveling in a self-traveling area and a remote manipulation mode in which travel of the agricultural machine is controlled by remote manipulation. The controller is configured or programmed to disable a remote manipulation to cause the agricultural machine to enter the forbidden area, to set at least a portion of the self-traveling area as the permitted area and an outside of the self-traveling area as the forbidden area, and to cause the storage to store the position of the permitted area and the position of the forbidden area.”
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.
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/BABAR SARWAR/Primary Examiner, Art Unit 3667