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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 14th, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
This is in response to applicant’s amendment/response filed on 04/24/2026 which have been entered and made of record.
Applicant’s arguments regarding claim rejections under 35 U.S.C 103 have been considered but they are not persuasive.
Applicant argues Claims 6, 8, 17, and 19 are rejected as allegedly being unpatentable over Oba in view of Kim and in further view of U.S. Pat. App. Pub. No. 2023/0025804 to Friedland et al. (hereinafter "Friedland"). This rejection is respectfully traversed. Friedland does not cure the aforementioned deficiencies of Oba in view of Kim. Friedland generally discusses a user interface for an automated device that presents trajectory information, indications that a future period is suitable for a non- driving-related task, and time-period allocations for driving while the device remains under automated control. However, Friedland at least does not discuss the relationship and technical structure of generating "virtual markings for the takeover using the automated region and the position" such that "the virtual markings exist within the automated region and the position indicates an area for manual feedback by the operator to the vehicle, and the transition time is represented by a disengagement zone for the takeover that is visually different than the virtual markings" as recited in amended claim 1.
Examiner respectable disagrees. Friedland teaches a variety of virtual markings, such as path markers, segment markers, etc… (Para. 0156-0162) Both path markers and segment markers can be any suitable marker or visual representation desired including color choice (Para. 0156-157). The path markers and safe segment markers can be visually different based on the vehicle state or requests from users (Para. 0059). Fig. 4 depicts various time periods of different vehicle states including transitioning to manual driving. (Para. 0087-0089). The segment markers which correspond to NDRT requests can include allocations for the transitioning between vehicle states (Para. 0052). Thus, Friedland teaches the transition time is represented by a disengagement zone for the takeover that is visually different than the virtual markings
Regarding the remaining arguments applicant argues with respect to the amended claim language, which is fully addressed in the prior art rejections set forth below.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Oba et al. U.S. Patent Application Publication 20170364070 A1 (hereinafter Oba) in view of Kim et al. U.S. Patent Application Publication 20200010095 A1 (hereinafter Kim) in further view of IDS Reference Friedland et al. U.S. Patent Application Publication 20230025804 A1 (hereinafter Friedland).
Regarding claim 1, Oba teaches an estimation system comprising:
a memory (ROM 203, Random Access Memory 204, or Programmable Read Only Memory 205, Para. 0332-0333; figure 24) storing instructions that, when executed by a processor (CPU 202, Para. 0333), cause the processor to:
estimate a position (Position Information Para. 0060, Position to Exit a Lane Para. 0324 or End of a Lane Para. 0225) for a takeover (Switching to Manual Driving, Para. 0208) of a vehicle that is directly controlling driving maneuvers (Automatic Driving Controller 154, Para. 0208) on a road;
predict an automated region (Transition Sequence Start Position to Termination of Automatic Driving upon Reaching End Position, Para. 0225 and 0324) from a transition time (Predicted Time, Para. 0210 and 0216) and the position (Position Information Para. 0060, Position to Exit a Lane Para. 0324 or End of a Lane Para. 0225) for the takeover (Switching to Manual Driving, Para. 0208) by an operator;
and generate virtual markings (Transition Sequence Start Marker Sign, Para. 0324) for the takeover using the automated region(Transition Sequence Start Position to Termination of Automatic Driving upon Reaching End Position, Para. 0225 and 0324) and the position(Position Information Para. 0060, Position to Exit a Lane Para. 0324 or End of a Lane Para. 0225), (Transition to Manual Driving) by the operator to the vehicle,
However, Oba fails to explicitly teach:
wherein the virtual markings exist within the automated region.
and the transition time is represented by a disengagement zone for the takeover that is visually different than the virtual markings.
Oba and Kim are analogous to the claimed invention because both of them are in the same field of detailing methods/systems for controlling autonomous vehicles and switching between manual and autonomous driving.
Kim teaches:
generate virtual markings (Virtual Objects, Para. 0131) for the takeover using the automated region (Second Verification Model, Para. 0154 and Fig. 4) and the position (Position of Virtual Objects, Para. 0145, 0151, and 0161), wherein the virtual markings (Virtual Objects, Para. 0131) exist within the automated region (Second Verification Model, Para. 0154 and Fig. 4) and the position indicates an area for manual feedback (Predicted Control Information, Para. 0134, 0138, and 0139) by the operator to the vehicle (Virtual objects can be displayed during the verification models which contain predicted control information.)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Virtual Markings to incorporate Kim’s Displaying of Virtual Objects. Since doing so would provide the benefit of displaying virtual markings to the driver of a vehicle in a different modality by displaying the markings indicating change in control in the automated region. As Oba et al. already provides warnings and notifications about switching to manual driving through other ways (Para. 0063 and 0066).
However, Oba and Kim fails to explicitly teach:
and the transition time is represented by a disengagement zone for the takeover that is visually different than the virtual markings.
Oba, Kim, and Friedland are analogous to the claimed invention because all of them are in the same field of detailing methods/systems for controlling autonomous vehicles and switching between manual and autonomous driving.
Friedland teaches:
and the transition time (A NDRT Request or Other Request that Includes the Time period to Transition between Vehicle States Para. 0052) is represented by a disengagement zone (Safe Segment Markers 214 Para. 157-158 or Path Markers 210 Para. 0156-0157 or Color-Coded Indicators of Vehicle State Para. 0059) for the takeover that is visually different than the virtual markings (Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059). As stated above, Friedland teaches a variety of virtual markings, such as path markers, segment markers, etc… (Para. 0156-0162) Both path markers and segment markers can be any suitable marker or visual representation desired including color choice (Para. 0156-157). The path markers and safe segment markers can be visually different based on the vehicle state or requests from users (Para. 0059). Fig. 4 depicts various time periods of different vehicle states including transitioning to manual driving. (Para. 0087-0089). The segment markers which can correspond to NDRT requests can include allocations for the transitioning between vehicle states (Para. 0052).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Virtual Markings altered by Kim’s Displaying of Virtual Objects to include Friedland’s Markers based Vehicle State. Since doing so would provide the benefit of indicating visually to the user the vehicle state. As the vehicle can be in many different states depending on the automation level (Friedland et al. Para. 0002).
Regarding claim 2, Oba teaches the estimation system of claim 1 further including instructions to:
upon the takeover (Switching to Manual Driving, Para. 0208) and manual control of the vehicle by the operator during the transition time (Predicted Time, Para. 0210 and 0216) being insufficient (Driver’s Driving Ability Para. 0068), stop the vehicle automatically by an automated driving module (Stopping Vehicle by driving into the evacuation lane and stopping, Para. 0068 and 0072). During the predicted time if the switch to manual driving is not possible due to the driver’s driving ability being insufficient. The vehicle is driven automatically into the evacuation lane and stopped.
Regarding claim 3, Oba teaches the estimation system of claim 1, wherein the instructions to generate the virtual markings further include instructions to:
display the virtual markings (Transition Sequence Start Marker Sign, Para. 0324) on a heads-up display (HUD) (Heads-up Display 134, Para. 0158) through overlaying images that augment a scene surrounding the vehicle (Para. 0177) ,
However, Oba fails to teach:
and the virtual markings emulate a caution zone on a road within the scene.
and display the virtual markings using color-coding according to a proximity with the transition time represented by the disengagement zone and proximity to the position.
Kim teaches:
display the virtual markings (Virtual Objects, Para. 0131) on a heads-up display (HUD)(Para. 0056) through overlaying images that augment a scene surrounding the vehicle, and the virtual markings emulate a caution zone (Area containing Virtual Construction Signs or Virtual Speed Bumps) on a road within the scene; (Para. 0130-0131) The virtual objects can represent various objects that can create a caution zone such as those that contain predicted control information.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Virtual Markings to incorporate Kim’s Virtual Objects. Since doing so would provide the benefit of incorporating versatile virtual markings. Like those in Kim’s that can simulate road/traffic objects and areas.
Kim fails to teach:
and display the virtual markings using color-coding according to a proximity with the transition time represented by the disengagement zone and proximity to the position.
Friedland teaches:
and display the virtual markings(Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059) using color-coding according to a proximity with the transition time(A NDRT Request or Other Request that Includes the Time period to Transition between Vehicle States Para. 0052) represented by the disengagement zone(Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059) and proximity to the position. The path and segment markers can be any suitable marker or visual representation desired including color choice (Para. 0156-157). The path and segment markers are modified based on the vehicle state and environmental conditions/events (Para. 0052). The segment markers can indicate when the vehicle is approaching an area/segment or is in the area/segment (Para. 0157).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Virtual Markings altered by Kim’s Displaying of Virtual Objects to include Friedland’s Markers based Vehicle State. Since doing so would provide the benefit of indicating visually to the user the vehicle state. As the vehicle can be in many different states depending on the automation level (Friedland et al. Para. 0002).
Regarding claim 4, Oba teaches the estimation system of claim 3 further including instructions to:
schedule the takeover (Switching to Manual Driving, Para. 0208) by comparing the position (Position Information Para. 0060, Position to Exit a Lane Para. 0324 or End of a Lane Para. 0225) with map data (Map Data Para. 0185 or Planned Route Map, Para. 0054) indicating that the vehicle is incapable of autonomously controlling the driving maneuvers beyond the automated region(Transition Sequence Start Position to Termination of Automatic Driving upon Reaching End Position, Para. 0225 and 0324) and the operator is capable of the takeover; When the vehicle reaches the end of a Lane or the position to exit the lane and the driver’s ability has recovered. The vehicle is switched to manual driving and the automatic driving of the vehicle is terminated as long as the driver can maintain control of the vehicle. (Para. 0241-0245)
and share control between the vehicle and the operator during the transition time(Predicted Time, Para. 0210 and 0216), wherein the operator inputs primary commands and the vehicle assists with secondary commands during the transition time. When switching control to the driver. The driver is tested to make sure the driver can continuously maintain driving before terminating the autonomous driving. Thus, while the driver is being tested (Para. 0245), they are in primary control of the vehicle while the vehicle assists. If it is determined the driver cannot maintain control of the vehicle the autonomous driving will stop the vehicle (Para. 0068).
Regarding claim 5, Oba teaches the estimation system of claim 3 further including instructions to:
vibrate by a component a vehicle element (Seat Para. 0251 or Steering Wheel Para. 0061) associated with the virtual markings and corresponding with points (Positions while Driving, Para. 0105) within the caution zone (Transition Between Automatic and Manual Driving) , wherein the component is one of an electromagnetic suspension and a haptic motor (Haptic Device, Para. 0278) and the vehicle element is one of a seat base (Para. 0251), a holster, a chassis, and a steering wheel (Para. 0061); Haptic feedback is provided to the user when warnings/notifications need to be relayed to the driver. Haptic feedback can occur for various reasons, but one of them is when the state of the vehicle changes. The state change can be transition from autonomous driving to manual, Para. 0105.
However, Oba and Kim fail to teach:
and display the virtual markings using color-coding according to a proximity with the transition time represented by the disengagement zone and proximity to the position.
Friedland teaches:
and display the virtual markings(Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059) using color-coding according to a proximity with the transition time(A NDRT Request or Other Request that Includes the Time period to Transition between Vehicle States Para. 0052) represented by the disengagement zone(Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059) and proximity to the position. The path and segment markers can be any suitable marker or visual representation desired including color choice (Para. 0156-157). The path and segment markers are modified based on the vehicle state and environmental conditions/events (Para. 0052). The segment markers can indicate when the vehicle is approaching an area/segment or is in the area/segment (Para. 0157).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Virtual Markings altered by Kim’s Displaying of Virtual Objects to include Friedland’s Markers based Vehicle State. Since doing so would provide the benefit of indicating visually to the user the vehicle state. As the vehicle can be in many different states depending on the automation level (Friedland et al. Para. 0002).
Regarding claim 6, Oba teaches the estimation system of claim 5, wherein:
the transition time(Predicted Time, Para. 0210 and 0216) is predetermined according to an (Driver’s Driving Ability, Para. 0055-0056, 0210, and 0319) within the area;
However, Oba and Kim fail to teach:
Friedland teaches the estimation system of claim 5, wherein:
the transition time (A NDRT Request or Other Request that Includes the Time period to Transition between Vehicle States Para. 0052) is predetermined according to an automation level (Vehicle State and Automation Level Para. 0050 and 0059) and capabilities of the automation level for autonomously controlling the vehicle (Drivers’ Condition and Intent, Para. 0050) within the area (Environment, Para. 0036);
and the automated region (Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059) utilizes the color-coding(Para. 0059 and 0154) and the automated region indicates that automatic control (Vehicle State and Automation Level) by the vehicle is limited according to the automation level (Automation Level) changing and a driving condition (Vehicle State) ; Based on the vehicle state and automation level the color of the various markers is changed (Para. 159-0161).
and the transition time(A NDRT Request or Other Request that Includes the Time period to Transition between Vehicle States Para. 0052) represented by the disengagement zone(Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059) is indicated by a bold color compared with the automated region(Safe Segment Markers 214, Path Markers 210 Para. 0156-0157, or Color-Coded Indicators of Vehicle State Para. 0059). The path and segment markers can be any suitable marker or visual representation desired including color choice (Para. 0156-157).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Transition Time determined by the Driver’s Driving Ability to incorporate Friedland’s standard Automation Levels and Markers. Since doing so would provide the benefit of following the standard automation levels defined by the Society of Automotive Engineers (Friedland et al. Para. 0050). As well as automation levels are used to classify the level of automation in a vehicle, which helps categorize situations and provide flexibility on the amount of automation needed for specific tasks (Friedland et al. Para. 0002 and 0003).
Regarding claim 7, Oba teaches the estimation system of claim 1 further including instructions to:
plan the position (Position Information Para. 0060, Position to Exit a Lane Para. 0324 or End of a Lane Para. 0225) according to a changing geography associated with the area (Position Information can be based on Map Data associated with the environment, Para. 0054, 0185, and 0324),
However, Oba fails to explicitly teach:
wherein the geography changes from a high-speed area to a local area.
Oba teaches the lane chosen to exit can be a main highway road, Para. 0081. Highways are built to connect local areas. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Position Information of Environments to incorporate Oba’s own teaching of Highway Environments which can connect to Local Areas. Since doing so would provide the benefit of switching between automatic and manual driving on various types of roads and planning the switch based on location.
Regarding claim 8, Oba teaches the estimation system of claim 1, wherein the transition time(Predicted Time, Para. 0210 and 0216) factors attentiveness of the operator(Driver’s Driving Ability, Para. 0055-0056, 0210, and 0319) derived from sensor data (Para. 0169), a stopping distance of the vehicle (Breaking Distance, Para. 0122-0123), and The driver’s driving ability includes the status of the driver such as an awakened state, a consciousness state, a psychological state, a stress state, a drug affection degree, and etc.… (Para. 0056 and 0169) which would include attention.
However, Oba and Kim fail to teach an automation level associated with the driving maneuvers.
Kim teaches an automation level (Para. 0050) associated with the driving maneuvers (Merge, Exit Maneuvers, etc.… Para. 0061). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oba’s Transition Time determined by the Driver’s Driving Ability to incorporate Friedland’s standard Automation Levels. Since doing so would provide the benefit of following the standard automation levels defined by the Society of Automotive Engineers (Friedland et al. Para. 0050). As well as automation levels are used to classify the level of automation in a vehicle, which helps categorize situations and provide flexibility on the amount of automation needed for specific tasks (Friedland et al. Para. 0002 and 0003).
Regarding claim 9, Oba teaches the estimation system of claim 1, wherein the instructions to predict the automated region(Transition Sequence Start Position to Termination of Automatic Driving upon Reaching End Position, Para. 0225 and 0324) further include instructions to factor a speed of the vehicle towards the position(Position Information Para. 0060, Position to Exit a Lane Para. 0324 or End of a Lane Para. 0225). The speed of vehicle is incorporated into determining the transition between driving states. (Para. 0321-0323)
Regarding claim 10, has similar limitations as of claim 1, therefore it is rejected under the same rationale as claim 1.
Regarding claim 11, has similar limitations as of claim 2, therefore it is rejected under the same rationale as claim 2.
Regarding claim 12, has similar limitations as of claims 1 and 10, therefore it is rejected under the same rationale as claims 1 and 10.
Regarding claim 13, has similar limitations as of claims 2 and 11, therefore it is rejected under the same rationale as claims 2 and 11.
Regarding claim 14, has similar limitations as of claim 3, therefore it is rejected under the same rationale as claim 3.
Regarding claim 15, has similar limitations as of claim 4, therefore it is rejected under the same rationale as claim 4.
Regarding claim 16, has similar limitations as of claim 5, therefore it is rejected under the same rationale as claim 5.
Regarding claim 17, has similar limitations as of claim 6, therefore it is rejected under the same rationale as claim 6.
Regarding claim 18, has similar limitations as of claim 7, therefore it is rejected under the same rationale as claim 7.
Regarding claim 19, has similar limitations as of claim 8, therefore it is rejected under the same rationale as claim 8.
Regarding claim 20, has similar limitations as of claim 9, therefore it is rejected under the same rationale as claim 9.
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 BRIANNA R COCHRAN whose telephone number is (571)272-4671. The examiner can normally be reached Mon-Fri. 7:30am - 5:00pm.
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/BRIANNA RENAE COCHRAN/Examiner, Art Unit 2615
/ALICIA M HARRINGTON/Supervisory Patent Examiner, Art Unit 2615
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