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
This is a Final Rejection office action in response to application Serial No. 18/657,621. Claim(s) 1-18 have been examined and fully considered.
Claim(s) 1-18 are pending in Instant Application.
Response to Arguments/Rejections
Applicant’s arguments, see Remarks filed 12/29/2025, with respect to the rejection(s) of claim(s) of pending application.
I. Claim Rejections under 35 U.S.C. § 101
Regarding claims 1-18 under 35 USC § 101 have been fully considered and partially persuasive. The claim(s) 1-8 under 35 USC § 101 has been withdrawn. With respect to claims 9-18, the method of claim 9 does not recite an apparatus for executing the recited steps (more specifically, for executing the control step) and the apparatus of claim 17 merely recites instructions for controlling (more specifically, does not recite an active control step). Therefore, claims 9-18 do not recite additional elements that act to integrate the abstract idea into a practical application or amount to significantly more than the abstract idea itself.
Examiner notes that the instructions for controlling doesn’t necessarily end in autonomous control as instructions can be presented to a user and for control that can be performed by a human, See, applicant’s specification [0085]: In the embodiment of the present disclosure, the apparatus 200 for assisting in driving a vehicle in an entrance or exit lane may display, on the display 90, a screen indicating the driving route of the host vehicle set by the driving route setting unit 220. As exemplarily illustrated in FIG. 3, the screen indicating the set driving route of the host vehicle may include objects indicating a host vehicle 310, the other vehicles 320 and 330, and entrance and exit lanes 340 and 350 and also display arrow-shaped indicators 360 indicating a preset driving route of the host vehicle. The driver may recognize the set driving route of the host vehicle by means of the indicators 360 displayed on the screen on the display 90 and thus control the vehicle so that the vehicle travels along the driving route.
II. Claim Rejections under 35 U.S.C. § 103
Per remarks, Applicant states, Lee and Yoon do not disclose, teach or suggest that "the controller is configured to: determine whether a velocity of a host vehicle is lower than a predetermined velocity when the host vehicle is driving on an outermost lane of a driving road; if the velocity of the host vehicle is lower than the predetermined velocity determine whether one or more entrance or exit lanes are present within a predetermined distance in a driving direction of the host vehicle" as recited in claim 1.
Claim(s) 1, 9, and 17 under 35 USC § 103 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made in view of Fei, Xian-song (CN-109664888-B) and Saikyo et al. (Pub. No.: US 2019/0263411).
Claim Rejections - 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 9-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Step 1 of the Subject Matter Eligibility Test entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter.
Claim(s) 9-18 are directed to an apparatus, and a method (process), respectively. As such, the claims are directed to statutory categories of invention.
If the claim recites a statutory category of invention, the claim requires further analysis in Step 2A. Step 2A of the Subject Matter Eligibility Test is a two-prong inquiry. In Prong One, examiners evaluate whether the claim recites a judicial exception.
Claim 9 recites abstract limitations, including those indicated in bold below:
A method of assisting in driving a vehicle in an entrance or exit lane, the method comprising:
determining whether a velocity of a host vehicle is lower than a predetermined velocity when the host vehicle is driving on an outermost lane of a driving road;
if the velocity of the host vehicle is lower than the predetermined velocity, determining whether one or more entrance or exit lanes are present within a predetermined distance in a driving direction of the host vehicle;
setting a driving route of the host vehicle on the basis of traffic information around the entrance or exit lane and driving route information of another vehicle preceding the host vehicle;
sharing the set driving route of the host vehicle; and
controlling the host vehicle based on the set driving route.
Claim(s) 17 recite abstract limitations analogous to those identified above with respect to claim 9.
Some of these limitations, as drafted, are a process that, under its broadest reasonable interpretation, cover performance of the limitations in the mind, or by a human using pen and paper, and therefore recite mental processes. More specifically, nothing in the claim element precludes the aforementioned steps (e.g., determining, setting, sharing, etc.) from practically being performed in the human mind, or by a human using pen and paper. The mere recitation of a generic computer does not take the claim out of the mental process grouping. Thus, the claim recites an abstract idea.
Some of these limitations, as drafted, are a process that, under its broadest reasonable interpretation, represents a method for organizing human activity. More specifically, identifying information, making route determinations, sharing the route of the vehicle and controlling a vehicle are steps that humans are capable of executing when riding and operating a vehicle. Thus, the claim recites an abstract idea.
If the claim recites a judicial exception in step 2A Prong One, the claim requires further analysis in step 2A Prong Two. In step 2A Prong Two, examiners evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
Claim 9 recites additional elements that are underlined below:
A method of assisting in driving a vehicle in an entrance or exit lane, the method comprising: determining whether one or more entrance or exit lanes are present within a predetermined distance in a driving direction of a host vehicle;
setting a driving route of the host vehicle on the basis of traffic information around the entrance or exit lane and driving route information of another vehicle preceding the host vehicle;
sharing the set driving route of the host vehicle; and
controlling the host vehicle based on the set driving route.
Claim 17 recites additional elements that are underlined below:
An apparatus comprising:
a memory into which a program for assisting in driving a vehicle in an entrance or exit lane is loaded; and
one or more processors configured to execute the program for assisting in driving a vehicle in an entrance or exit lane, the program being loaded into the memory, wherein the program for assisting in driving a vehicle in an entrance or exit lane comprises:
an instruction for determining whether a velocity of a host vehicle is lower than a predetermined velocity when the host vehicle is driving on an outermost lane of a driving road;
an instruction for determining whether one or more entrance or exit lanes are present within a predetermined distance in a driving direction of the host vehicle if the velocity of the host vehicle is lower than the predetermined velocity;
an instruction for setting a driving route of the host vehicle on the basis of traffic information around the entrance or exit lane and driving route information of another vehicle preceding the host vehicle;
an instruction for sharing the set driving route of the host vehicle; and
an instruction for controlling the host vehicle based on the set driving route.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
The functions of “An apparatus” comprising “a memory” and “one or more processors” are recited at a high level of generality and are merely invoked as tools to perform the abstract idea. In addition, each of these additional limitations indicate a field of use or technological environment in which to apply a judicial exception and cannot integrate the judicial exception into a practical application (see MPEP 2106.05(h)).
Regarding the sharing steps, examiner submits that these limitations represent extra-solution (i.e. post-solution) activities.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
If the additional elements do not integrate the exception into a practical application in step 2A Prong Two, then the claim is directed to the recited judicial exception, and requires further analysis under Step 2B to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself).
As discussed above, “An apparatus”; comprising “a memory” and “one or more processors” “amount to mere instructions to apply the exception. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, update, or generate) or simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. As discussed above, these elements also amount to merely indicating a field of use or technological environment in which to apply a judicial exception, which does not amount to significantly more than the exception itself. (see MPEP 2106.05(h)).
Regarding the sharing steps, examiner initially notes that though there is no explicit recitation of data transmission or data display (and could therefore be done by a human and under BRI could be interpreted as abstract), this analysis considers this functionality for the purpose of compact prosecution. The specification demonstrates the well-understood, routine, conventional nature of additional elements as it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a). See, for example, [0009], [0013], etc. In addition, the Symantec, TLI, OIP Techs. and buySAFE court decisions cited in MPEP 2106.05(d)(II) indicate that mere collection or receipt of data over a network is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
The various limitations of claims 10-16, and 18 merely narrow the previously recited abstract idea limitations (further characterization of the determination step, the setting step), and introduce additional abstract limitations that are directed to mental processes and mathematical concepts. For the reasons described above with respect to claims 1, 9 and 17, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Claim(s) 10-11, 13, 16 and 18 further recite receiving, transmitting, and displaying functions that amount to generically recited extra-solution activity. The specification demonstrates the well-understood, routine, conventional nature of additional elements as it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a).
Claim(s) 10 and 12 recite that determinations are made on the basis of information detected by or received from a camera, a radar and a navigation system. As currently recited, the camera and radar merely characterize the types of data, rather than the actual capture of object information. However, detection of information by “a camera” and “a radar” and receipt of information from a navigation system merely amounts to a data-collection (extra-solution) function. The specification demonstrates the well-understood, routine, conventional nature of additional elements as it describes the additional elements as well-understood or routine or conventional (or an equivalent term), as a commercially available product, or in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. §112(a).
Claims 11 and 18 further characterizes the type of communication protocol utilized (V2X), which merely identifies a field of use.
Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
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.
The factual inquiries 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, 9-10, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fei, Xian-song (CN-109664888-B; the NPL citations are based on the provided English Translation) hereinafter, referred to as “Fei” in view of in view of Saikyo et al. (Pub. No.: US 2019/0263411), hereinafter, referred to as “Saikyo”, and in view of Lee (Pub. No.: US 2022/0101722; previously recorded).
Regarding [claim 1], An apparatus for assisting in driving a vehicle in an entrance or exit lane (see, Abstract; and Paragraph [0090]: “As can be seen in the advanced driver assistance system 100 shown in Figure 1, the advanced driver assistance system 100 includes a high-speed function automatic switching system 10, which enables the host vehicle to automatically enter and exit highway ramps and change lanes on the road.”), the apparatus comprising a controller (see, Paragraph “a signal processing module 2”,; Paragraph [n0082]: “These functional entities can be implemented in software, in one or more hardware modules or integrated circuits, or in different network and/or processor devices and/or microcontroller devices.”),
wherein the controller (“signal processing module 2”) configured to:
determine …velocity when the host vehicle is driving on …lane of a driving road (see, Paragraph [0094]: “the longitudinal road distance between the host vehicle and the highway ramp entry/exit point accurately located by the vehicle positioning module 1 is greater than a first preset value and less than a second preset value, wherein the first preset value and the second preset value are predetermined by taking into account the current speed information of the host vehicle and the lane information of the distance from the target lane”);
…
determine whether one or more entrance or exit lanes are present within a predetermined distance in a driving direction of the host vehicle (see, Paragraph [n0093]: “the signal processing module 2 determines, based on the information determined by the vehicle positioning module 1 and the path navigation information, whether the host vehicle has arrived at or is in the prompt area of the highway ramp entrance/exit point.”);
set a driving route of the host vehicle on the basis of traffic information around the entrance or exit lane and driving route information of another vehicle preceding the host vehicle (see, Paragraph [n0094]: “Specifically, when the signal processing module 2 needs to enter or exit a highway ramp based on the route navigation information, it determines that the host vehicle has arrived at or is in the prompt area of the highway ramp entry/exit point under the following conditions and displays the corresponding prompt area signal: the longitudinal road distance between the host vehicle and the highway ramp entry/exit point accurately located by the vehicle positioning module 1 is greater than a first preset value and less than a second preset value, wherein the first preset value and the second preset value are predetermined by taking into account the current speed information of the host vehicle and the lane information of the distance from the target lane. Meanwhile, the switching prompt module will issue a switching prompt signal only when it determines that it can merge into the adjacent lane based on the current lane information and current speed information of the host vehicle, the distance information and speed information of the vehicles in front, and the distance information and speed information of the vehicles in front and behind in the adjacent lanes of the target lane where the host vehicle is located. In other words, the switching prompt module 3 will only make a positive judgment on the prompt area of the host vehicle arriving at or being at the entrance/exit point of the highway when all of the above conditions are met simultaneously.”; and [n0115]: “It should be explained here that in order to obtain the first and second preset values, a large number of simulation or modeling tests are required, taking into account the vehicle's motion characteristics and the surrounding traffic flow. Based on these experiments, the first and second preset values are stored in advance. Specifically, taking into account the current speed information of the host vehicle and the lane information of the distance from the target lane, the first preset value represents the minimum distance that the host vehicle can normally enter and exit the highway ramp.”);
share the set driving route of the host vehicle (see, Paragraph [n0092]: “the signal processing module 2 processes the information and, under the condition of implementing a certain algorithm, determines the state of the host vehicle and transmits the information to other modules of the advanced driver assistance system 100.”) , and
control the host vehicle based on the set driving route (see, Paragraph [n0096]: “Meanwhile, in order for the advanced driver assistance system 100 to enable the host vehicle to automatically enter and exit ramps more reliably and with less interference to the driver, the signal processing module 2 also needs to determine whether the host vehicle can merge into the adjacent lane under the current dynamic environment in order to further approach the target lane.”).
Fei does not explicitly discloses
…
determine whether a velocity of a host vehicle is lower than a predetermined velocity when the host vehicle is driving on an outermost lane of a driving road;
if the velocity of the host vehicle is lower than the predetermined velocity,
…
However, additionally and/or alternatively Saikyo teaches
…a controller (see, “vehicle control device 10”; Paragraph [0042]: “The vehicle control device 10 is constituted by one ECU or a plurality of ECUs , and comprises a computation device 50 such as a processor , and a storage device 52 such as a ROM (Read Only Memory) and a RAM (Random Access Memory). The vehicle control device 10….”),
wherein the controller (see, “vehicle control device 10”) is configured to:
determine whether a velocity of a host vehicle is lower than a predetermined velocity when the host vehicle is driving on an outermost lane (see, “the leftmost lane in the travel direction is a car pool lane (specified lane) 102a, and the remaining three lanes are general lanes 102b to 102d . Rhombus shaped road markings 104 which indicate the existence of the car pool lane 102a are provided in the car pool lane 102a.” of paragraph [0050]) of a driving road (see, Fig. 3 and 4; Paragraphs [0043]-[0045] and [0049]; and [0052]-[0055]: “More specifically, the host vehicle position recognition unit 62 (see FIG. 2) acquires (recognizes) the host vehicle position P0 and the planned travel route 106 on the basis of the output information of the map information DB 22 and the navigation device 24. Further, the host vehicle position recognition unit 62 specifies the position of the exit 108 on the basis of the output information of the map information DB 22. Consequently, on the basis of the specified position of the exit 108 and the vehicle position P0, the host vehicle position recognition unit 62 is capable of calculating the remaining distance Ls.” ****Is notes that there is extensive discussion about a vehicle traveling from an outermost lane of a highway to an exit lane, with consideration of threshold distances, relative velocities, etc. expressed in the reference****) if the velocity of the host vehicle is lower than the predetermined velocity (see, Figures 3 and 7; and Paragraph [0083]: “In steps S6 to S8, the control condition setting unit 80 (see FIG. 2) may set the first to third conditions while taking into consideration a threshold value of a difference between the average velocity of the host vehicle lane L1 (see FIGS. 4 to 6) and the average velocity of the adjacent lane L2. In this case, if both the host lane L1 and the adjacent lane L2 are the general lanes 102b to 102d, and the difference in velocity is less than or equal to the threshold value, the > S6 process steps are executed sequentially in the order of steps S5 > S9, and the lane change control is performed by the vehicle control unit 68…” [0090]; and [0097]-[0099]),
determine whether one or more entrance or exit lanes are present within a predetermined distance in a driving direction of the host vehicle(see, Figure 3; Paragraph [0099]-[0101]: “the control condition setting unit 80 may set the first to third control conditions in a manner so that the velocity of the host vehicle 12 is changed depending on the remaining distance Ls when the lane change occurs. In accordance with this feature , in the case that the remaining distance Ls is long, since there is a margin available until the host vehicle 12 reaches the exit 108, the host vehicle 12 can be gradually decelerated and then execute the lane change. On the other hand, in the case that the remaining distance Ls is short, since sufficient margin is not available for the host vehicle 12 to reach the exit 108, the host vehicle 12 can be rapidly decelerated and then execute the lane change.”);
****Is notes that there is extensive discussion about a vehicle traveling from an outermost lane of a highway to an exit lane, with consideration of threshold distances, relative velocities, etc. expressed in the reference****);
As Fei discloses when the host vehicle arrives at or is in a prompt area of a ramp entrance-exit point of a highway, the switching prompt module sends a switching prompt signal under the following conditions: according to the current lane information and the current speed information of the host vehicle; and judging that the distance information and the speed information of the front vehicle and the rear vehicle which are close to the target lane and are adjacent to the lane where the host vehicle is positioned can be merged into the adjacent lane.
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to further modify how to enable the host vehicle to change lanes smoothly from the host vehicle lane to the adjacent lane as taught by Saikyo. One would be motivated to make this modification in order to solve the aforementioned problems, and has the object of providing a vehicle control device which is capable of smoothly performing a lane change while taking into consideration a tendency of the flow of traffic (see, Paragraph [0008]).
Additionally, Lee teaches
set a driving route of the host vehicle on the basis of traffic information around the entrance or exit lane and driving route information of another vehicle preceding the host vehicle (see, Paragraph [0026]: “setting a detour route by using a navigation that sets a driving path of the vehicle, in response to determining that the traffic condition of the side lane is congested; and controlling driving of the vehicle based on the detour path”; [0060]: “The sensing unit 10 may sense the position information or the movement information of the external obstacle 200 through the camera sensor 11 or the radar sensor 12 or sense the position information or the movement information of the external obstacle 200 by being connected to the infrastructure 13 or the external obstacle 200 via wireless communication, and the determining unit 20 may set a vehicle collision index based on the position information or the movement information of the external obstacle 200 sensed by the sensing unit 10 from the camera sensor 11, the radar sensor 12, the infrastructure 13, or the external obstacle 200”; [0061]: “The determining unit 20 may set the vehicle collision index calculated by numerically calculating the possibility of collision between the vehicle 100 and the external obstacle 200 based on the position information or the movement information of the external obstacle 200, sensed by the sensing unit 10” ;[0062]-[0063]; [0077] and [0089]); and
share the set driving route of the host vehicle (see “sensing the position information or the movement information of the external obstacle 200 by being connected to the infrastructure or the external vehicle via wireless communication, and determining operation S200 may include setting a vehicle collision index based on the position information or the movement information of the external obstacle 200 sensed in sensing operation Sl00 from the camera sensor, the radar sensor, the infrastructure, or the external vehicle”; and “Determining operation S200 may include, when setting the vehicle collision index based on a connection state of wireless communication with the infrastructure or the external vehicle, a sensing state of the sensor, or a position state of the external obstacle 200, setting a weight value for information of the external obstacle 200, sensed by the sensor, or information of the external obstacle 200, transmitted via wireless communication” Paragraphs [0084]-[0085]).
Lee teaches a road entry system and method for a vehicle, and more particularly, to a technique for controlling driving of a vehicle according to a traffic condition of an entrance lane, and determining of whether the entrance lane is congested may include, when setting the vehicle collision index based on a connection state of wireless communication with the infrastructure or the external vehicle, a sensing state of the camera sensor or the radar sensor.
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to further implement the advanced driver assistance system taught by Fei and combining, and in a case where the host vehicle needs to enter or exit a ramp of an expressway according to the route guidance information, the signal processing module determines that the host vehicle arrives at or is located in a prompt area of a ramp entrance/exit point of the expressway and sends a prompt area signal as taught by Saikyo, and a road entry system of a vehicle utilizing a technique for controlling driving of a vehicle according to a traffic condition of an entrance lane as taught by Lee. One would be motivated to make this modification in order to convey that the many advanced driver assistance features, the ability to automatically switch between highway ramps can greatly reduce the driver's workload on highways and improve the overall vehicle safety when changing ramps (see, Fei). And utilizing Lee, to make this modification in order to convey in response to the vehicle entering an entrance lane; determining whether the entrance lane is congested, based on the position information or the movement information of the external obstacle, as sensed in the sensing operation; and controlling driving of the vehicle based on a result of the determining of whether the entrance lane is congested, and safely enter the entrance lane when entering the entrance lane (see, Paragraph [0018]; and [0053]).
As to [claim 2], the combination of Fei, Saikyo, and Lee teaches the apparatus of claim 1. Fei discloses
wherein the controller determines whether the entrance or exit lane is present on the basis of a combination of information received from a navigation system and information received from a camera (see, Paragraph [n0098]: “the advanced driver assistance system 100 further includes a path planning module 7. When the route planning module 7 needs to enter or exit the highway ramp based on the route navigation information, and the vehicle positioning module 1 accurately locates the road distance between the host vehicle and the highway ramp entry/exit point, which is less than the first preset value, the route planning module 7 can replan the route and generate new route navigation information.”, and [n0088]: “For example, one or more of the following components or modules may be installed on the host vehicle: camera, radar sensor, ultrasonic sensor, IMU, high-precision map engine, ACC (Adaptive Cruise Control), LKS (Lane Keep System), LDW (Lane Departure Warning), TSR (Traffic Sign Recognition), AHBC (Adaptive High-Beam Control), and ALC (Active Lane Control). The advanced driver assistance system 100 can be connected to sensors, actuators, or controllers of modules such as cameras, radar sensors, ultrasonic sensors, IMU, high-precision map engines, ACC, LKS, LDW, TSR, AHBC, and ALC via, for example, through a CAN bus, thereby facilitating information exchange.”
Additionally, Lee teaches
wherein the controller determines whether the entrance or exit lane is present on the basis of a combination of information received from a navigation system (see, Paragraph [0039]: “The navigation 40 for setting a driving path of the vehicle 100 is further provided, and the road entry method may further include operation S600 where the navigation 40 sets a detour path when determining that the traffic condition of the side lane is congested in the operation of determining the traffic condition of the side lane, and operation S700 of controlling driving of the vehicle 100 based on the detour path set by the navigation 40.”) and information received from a camera (see, Paragraph [0082]: “Sensing operation Sl00 may include operation Sll0 of sensing the position information or the movement information of the external obstacle 200 located on the side or the rear of the vehicle 100 by being connected to a camera sensor or a radar sensor mounted on the vehicle 100.”). and information received from a camera (see, Paragraph [0082]: “Sensing operation Sl00 may include operation Sll0 of sensing the position information or the movement information of the external obstacle 200 located on the side or the rear of the vehicle 100 by being connected to a camera sensor or a radar sensor mounted on the vehicle 100.”)..
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to further implement the advanced driver assistance system taught by Fei and combining a road entry system of a vehicle utilizing a technique for controlling driving of a vehicle according to a traffic condition of an entrance lane as taught by Lee. One would be motivated to make this modification in order to convey that the many advanced driver assistance features, the ability to automatically switch between highway ramps can greatly reduce the driver's workload on highways and improve the overall vehicle safety when changing ramps (see, Fei). And utilizing Lee, to make this modification in order to convey in response to the vehicle entering an entrance lane; determining whether the entrance lane is congested, based on the position information or the movement information of the external obstacle, as sensed in the sensing operation; and controlling driving of the vehicle based on a result of the determining of whether the entrance lane is congested, and safely enter the entrance lane when entering the entrance lane (see, Paragraph [0018]; and [0053\).
Regarding [claim 9], recites analogous limitations that are present in claim 1, therefore claim 9 would be rejected for the same/similar premise above.
As to [claim 10], recites analogous limitations that are present in claim 2, therefore claim 10 would be rejected for the same/similar premise above.
Regarding [claim 17], recites analogous limitations that are present in claim(s) 1 and 9, therefore claim 17 would be rejected for the same/similar premise above. Lee teaches an apparatus (see, Abstract; “A road entry system”) comprising:
a memory into which a program for assisting in driving a vehicle in an entrance or exit lane is loaded; and one or more processors configured to execute the program for assisting in driving a vehicle in an entrance or exit lane, the program being loaded into the memory, wherein the program for assisting in driving a vehicle in an entrance or exit lane (see, Paragraph [0027]: “a non-transitory computer-readable storage medium stores instructions that, when executed by a processor, cause the processor to perform the method described above”; and [0041]: “A sensing unit 10, a determining unit 20, and a control unit 30 according to an exemplary embodiment of the present invention may be implemented through nonvolatile memory (not shown) configured to store data regarding an algorithm for controlling operations of various components of a vehicle or software instructions for reproducing the algorithm and a processor (not shown) configured to perform operations described below by using the data stored in the memory. Herein, the memory and the processor may be implemented as separate chips. Alternatively, the memory and the processor may be implemented as an integrated single chip. The processor may have a form of one or more processors.”) comprises:
…
Claim(s) 3-8, 11-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fei, Saikyo, and Lee as applied to claim 1 above, and further in view of Yoon et al. (Pub. No.: US 2020/0047771; previously recorded), hereinafter, referred to as “Yoon”.
As to [claim 3], the combination of Fei, Saikyo, and Lee teaches the apparatus of claim 1. As Fei discloses “Figures 2 and 3 of this invention, it is also feasible to determine whether the host vehicle has arrived at or is in the prompt area of the highway ramp entrance/exit point based on the precise positioning information combined with the path navigation information A2 and A'1.”, Lee teaches wherein through V2X communication, the controller receives information on whether another vehicle enters the entrance or exit lane and receives information on whether traffic congestion occurs around the entrance or exit lane (see, Paragraph [0063]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to further implement the advanced driver assistance system taught by Fei and combining a road entry system of a vehicle utilizing a technique for controlling driving of a vehicle according to a traffic condition of an entrance lane as taught by Lee. One would be motivated to make this modification in order to convey that the many advanced driver assistance features, the ability to automatically switch between highway ramps can greatly reduce the driver's workload on highways and improve the overall vehicle safety when changing ramps (see, Fei). And utilizing Lee, to make this modification in order to convey in response to the vehicle entering an entrance lane; determining whether the entrance lane is congested, based on the position information or the movement information of the external obstacle, as sensed in the sensing operation; and controlling driving of the vehicle based on a result of the determining of whether the entrance lane is congested, and safely enter the entrance lane when entering the entrance lane (see, Paragraph [0018]; and [0053\).
Additional, Yoon further teaches wherein through V2X communication (see, Paragraph [0004]), the controller receives information on whether another vehicle enters the entrance or exit lane and receives information on whether traffic congestion occurs around the entrance or exit lane (see, Paragraph [0041]: “the vehicle A may recognize at least one external vehicle by using vehicle to-something (V2X) technology (e.g., dedicated short-range communications (DSRC) or wireless access in vehicular environments (WAVE)). For example, the vehicle A may receive a packet broadcasted or advertised by the at least one external vehicle in a certain time cycle, and determine a relative location of the at least one external vehicle by analyzing the received packet.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement a communication unit to sharing route information with nearby vehicle(s) via V2X as taught by Yoon. One would be motivated to make this modification in order to convey a driving status or a status of traffic of a road ahead may be provided to nearby vehicles based on, for example, V2V communication. As such, traffic may be improved overall and thus traffic congestion may be rapidly solved (see, Paragraph [0178]).
As to [claim 4], the combination of Fei, Saikyo, and Lee and Yoon teaches the apparatus of claim 3. Fei discloses wherein the controller changes the set driving route of the host vehicle on the basis of object information detected by a camera and a radar (see, “Therefore, the advanced driver assistance system 100 can collect or gather the required data from the various components installed on the host vehicle. For example, one or more of the following components or modules may be installed on the host vehicle: camera, radar sensor, ultrasonic sensor, IMU, high-precision map engine, ACC (Adaptive Cruise Control), LKS (Lane Keep System), LDW (Lane Departure Warning), TSR (Traffic Sign Recognition), AHBC (Adaptive High-Beam Control), and ALC (Active Lane Control). The advanced driver assistance system 100 can be connected to sensors, actuators, or controllers of modules such as cameras, radar sensors, ultrasonic sensors, IMU, high-precision map engines, ACC, LKS, LDW, TSR, AHBC, and ALC via, for example, through a CAN bus, thereby facilitating information exchange. It should be noted that the components installed on the host vehicle are not limited to the examples above. Depending on the need for automatic switching of the high-speed function of the advanced driver assistance system 100, corresponding components (such as sensors) can be selected and set.”).
Yoon further teaches wherein the driving route setting unit changes the set driving route of the host vehicle on the basis of object information detected by a camera and a radar (see. Yoon Paragraph [0154]: “In FIG. 14, when the vehicle A is located at a first distance from a monitored area ahead, the vehicle A may sense objects near the vehicle A, e.g., obtain first sensing information (operation 1401)”; [0155]: “ The vehicle A may determine a first operating mode among a plurality of operating modes of the vehicle A by using first surrounding area information based on the sensed values of the first sensing information (operation 1402).”; and [0156]: “The vehicle A may change at least one of a speed or a direction of the vehicle A to drive toward the monitored area based on the determined first operating mode (operation 1403).”;n see also Lee, [0010], [0012], [0054]-[0056], [0060], [0082]).
As to [claim 5], the combination of Fei, Saikyo, and Lee and Yoon teaches the apparatus of claim 4. Yoon further teaches wherein each time the driving route of the host vehicle is set or changed, the controller transmits the set driving route of the host vehicle or the changed driving route of the host vehicle to another vehicle positioned within a predetermined distance from the host vehicle. (see, Paragraphs [0156]: “The vehicle A may change at least one of a speed or a direction of the vehicle A to drive toward the monitored area based on the determined first operating mode (operation 1403).”; [0157] “When the vehicle A drives toward the monitored area and is located at a second distance less than the first distance from the monitored area, the vehicle A may sense objects near the vehicle A, e.g., obtain second sensing information (operation 1404).”; [0158]: “The vehicle A may determine a second operating mode among the plurality of operating modes of the vehicle A by using second surrounding area information based on the sensed values of the second sensing information (operation 1405).”; and [0159]: “The vehicle A may change at least one of the speed or the direction of the vehicle A to pass through the monitored area based on the determined second operating mode (operation 1406)”.
As to [claim 6]: the combination of Fei, Saikyo, Lee and Yoon teaches the apparatus of claim 3. Yoon teaches wherein when it is determined that another vehicle is scheduled to enter the entrance or exit lane, the host vehicle is not scheduled to enter the entrance or exit lane, and there is no traffic congestion around the entrance or exit lane, the controller sets a driving route so that the host vehicle changes the lane on which the host vehicle travels and moves ahead of another vehicle (see, Paragraphs [0114]; [0122]; [0136]; [0176]: “the electronic device 100 may set a driving route of the vehicle A based on information sensed by the sensor 11. The electronic device 100 may control the driving unit 16 based on the set driving route. According to an embodiment, the vehicle A may autonomously change lanes or control speed without intervention of a driver.”; and [0177]: “According to embodiments, because a driving route of a vehicle may be proactively set in consideration of a traffic congestion status of a monitored area ( e.g., an intersection) to which the vehicle is scheduled to drive, the vehicle may rapidly enter the monitored area and a driving route for bypassing the monitored area may be set depending on a situation.”).
As to [claim 7], the combination of Fei, Saikyo, Lee and Yoon teaches the apparatus of claim 3. Yoon teaches wherein when it is determined that another vehicle and the host vehicle are scheduled to enter the entrance or exit lane, the controller sets a driving route so that the host vehicle keeps traveling along the lane on which the host vehicle travels (see, Paragraphs [0114]; [0122]; [0136]; [0176]: “the electronic device 100 may set a driving route of the vehicle A based on information sensed by the sensor 11. The electronic device 100 may control the driving unit 16 based on the set driving route. According to an embodiment, the vehicle A may autonomously change lanes or control speed without intervention of a driver.”; and [0177]: “According to embodiments, because a driving route of a vehicle may be proactively set in consideration of a traffic congestion status of a monitored area ( e.g., an intersection) to which the vehicle is scheduled to drive, the vehicle may rapidly enter the monitored area and a driving route for bypassing the monitored area may be set depending on a situation.”)..
As to [claim 8], the combination of Fei, Saikyo, and Lee teaches the apparatus of claim 1. As Fei discloses “when the signal processing module 2 needs to enter or exit a highway ramp based on the route navigation information, it determines that the host vehicle has arrived at or is in the prompt area of the highway ramp entry/exit point under the following conditions and displays the corresponding prompt area signal” and “the lane change command module 4 can operatively issue a lane change command after issuing a switching prompt signal. Here, "operatively" can be understood as the driver operating a lever or the like. For example, after receiving a switching prompt signal, the driver can issue a lane change command through the host vehicle's human-machine interface, such as by operating the lane change lever of the lane change command module 4.”, see Paragraph [n0094].
However, Yoon further teaches wherein controller is configured to control a display of the host vehicle to displays a screen, which indicates the set driving route of the host vehicle (see, Paragraph [0128]: “When the vehicle A waits without entering the intersection, for following vehicles which cannot identify the status of the traffic light, as illustrated in FIG. l0C, the electronic device 100 may notify the status of the vehicle A or the status of the intersection through a display of the vehicle A. For example, the electronic device 100 may provide a notification 1002 of 'Cannot enter intersection due to traffic congestion' through the display of the vehicle A”; [0131] and [0170]: “The display may display information processed by the electronic device 100. For example, the display may display a map including a driving route, display driving information, display locations of nearby vehicles, display a driving status, or display notification information for receiving a confirmation for an operating mode or a driving route of the vehicle A”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the filing of the invention to implement a communication unit to sharing route information with nearby vehicle(s) as taught by Yoon. One would be motivated to make this modification in order to convey a driving status or a status of traffic of a road ahead may be provided to nearby vehicles based on, for example, V2V communication. As such, traffic may be improved overall and thus traffic congestion may be rapidly solved (see, Paragraph [0178]).
As to [claim 11], recites analogous limitations that are present in claim 3, therefore claim 11 would be rejected for the same/similar premise above.
As to [claim 12], recites analogous limitations that are present in claim 4, therefore claim 12 would be rejected for the same/similar premise above.
As to [claim 13], recites analogous limitations that are present in claim 5, therefore claim 13 would be rejected for the same/similar premise above.
As to [claim 14], recites analogous limitations that are present in claim 6, therefore claim 14 would be rejected for the same/similar premise above.
As to [claim 15], recites analogous limitations that are present in claim 7, therefore claim 15 would be rejected for the same/similar premise above.
As to [claim 16], recites analogous limitations that are present in claim 8, therefore claim 16 would be rejected for the same/similar premise above.
As to [claim 18], recites analogous limitations that are present in claim 3, therefore claim 18 would be rejected for the same/similar premise above.
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.
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/B.U./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663