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 Office Action is in response to the application filed on May 29, 2024. Claims 1-5 are presently pending and are presented for examination.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to ATA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007072641 (hereinafter, "Seiichi") in view of U.S. Pub. No. 20150206434 (hereinafter, "Shimotani").
Regarding claim 1, Seiichi discloses a safe-driving assist system that is equipped in a vehicle including a drive recorder, the safe-driving assist system comprising:
a control device (Fig. 1, #10) that executes
acquiring an image captured by the drive recorder (“The determination processing unit 10 acquires predetermined information from the surrounding vehicle environment state acquisition unit 20” (para 0015, lines 1-2), “The surrounding-vehicle-environment-state acquiring unit 20 includes four CCD cameras 21a to 21d” (para 0017, lines 1-2), and Fig. 1, #10 and #20),
detecting a peripheral vehicle shown in the acquired image (“the dangerous vehicle detection device may further include an imaging unit that captures an image of the periphery of the vehicle, and the other vehicle operation recognition unit may recognize the presence and the operation of the other vehicle from the image captured by the imaging unit” (para 0007, lines 20-23)),
an informing device that informs a driver about existence of the peripheral vehicle on which the driver sign is displayed, when the warning signal output by the control device has been received (“The determination result output unit 40 includes a display 41 and a speaker 42, and functions as a dangerous vehicle notification unit for notifying the presence of a dangerous vehicle” (para 0025, lines 1-2)).
However, Seiichi does not explicitly teach
determining whether a driver sign is displayed on the detected peripheral vehicle, and
outputting a warning signal when the peripheral vehicle on which the driver sign is displayed has been detected.
Shimotani, in the same field of endeavor, teaches
determining whether a driver sign is displayed on the detected peripheral vehicle (“a vehicle displaying a sign indicating, in particular, a state of the driver. Examples of the vehicle displaying the sign are vehicles displaying a beginner drivers' sign (Shoshinsha mark), an aged drivers' sign (Koreisha mark), a handicapped drivers' sign (Shintaishogaisha mark), and a hard of hearing drivers' sign (Chokakushogaisha mark)” (para 0134) and “The beginner drivers' sign (Shoshinsha mark) displayed on the vehicle C and the aged drivers' sign (Koreisha mark) displayed on the vehicle D can be acquired by the image sensor 109 mounted in the vehicle A” (para 0164)), and
outputting a warning signal when the peripheral vehicle on which the driver sign is displayed has been detected (“the controller 107 performs control based on the attention level so that a warning is output from the speaker 112 when there is a need to pay attention to the other vehicle” (para 0100) and “the attention level calculating unit 104 calculates a plurality of (stages of) attention levels based on the driver dynamic information, driver static information, other-vehicle internal information, and position information for the vehicle B” (para 0124)).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Seiichi with the teachings of Shimotani to detect the peripheral vehicle; see Shimotani at least at [0124].
Regarding claim 2, Seiichi discloses the safe-driving assist system according to claim 1, wherein:
the safe-driving assist system is equipped in the vehicle including a sensor group that measures a distance to the peripheral vehicle (“in the dangerous vehicle detection device according to any one of the first to fifth aspects, a distance detection sensor such as an ultrasonic sonar, a laser radar, or a millimeter-wave radar is provided” (para 0007, lines 24-26)); and
when the control device has detected, as an ahead-traveling vehicle (“the determination processing unit 10 first detects a vehicle present around the host vehicle and a lane from the camera image by image recognition. In addition, the determination processing unit 10 detects inter-vehicle distances to vehicles present ahead of and behind the host vehicle from the sensor outputs of the millimeter wave radars 22a and 22b” (para 0031, lines 1-5)), the control device executes a speed control to operate a power train and a brake system such that an inter-vehicle distance to the ahead-traveling vehicle is secured (“a dangerous vehicle signal (including vehicle presence position information) is also transmitted to various control devices (braking, traveling, and pre-crash) of the host vehicle. The vehicle control unit executes a danger avoidance program using the dangerous vehicle signal as a trigger to perform an operation corresponding to the behavior of the dangerous vehicle, for example, acceleration or deceleration.” (para 0012, lines 1-5) and “the determination processing unit 10 determines that another vehicle whose inter-vehicle distance from the host vehicle is not constant within a predetermined range is a dangerous vehicle as an attention-lacking vehicle. However, when the speed of the own vehicle decreases, the inter-vehicle distance also changes due to the movement of the own vehicle such that the inter-vehicle distance to the rear becomes shorter for a certain period of time”(para 0035, lines 1-5)).
Regarding claim 3, Seiichi discloses the safe-driving assist system according to claim 2, wherein:
when the control device has detected, as the ahead-traveling vehicle (“the determination processing unit 10 first detects a vehicle present around the host vehicle and a lane from the camera image by image recognition. In addition, the determination processing unit 10 detects inter-vehicle distances to vehicles present ahead of and behind the host vehicle from the sensor outputs of the millimeter wave radars 22a and 22b” (para 0031, lines 1-5)), …; and
when the control device has detected, as the ahead-traveling vehicle (“the determination processing unit 10 first detects a vehicle present around the host vehicle and a lane from the camera image by image recognition. In addition, the determination processing unit 10 detects inter-vehicle distances to vehicles present ahead of and behind the host vehicle from the sensor outputs of the millimeter wave radars 22a and 22b” (para 0031, lines 1-5)),...
However, Seiichi does not explicitly teach
…the control device executes a general speed control to operate the power train and the brake system such that the inter-vehicle distance to the ahead-traveling vehicle is equal to or longer than a first inter-vehicle distance; and
…the control device executes, as the speed control, a specified speed control to operate the power train and the brake system such that the inter-vehicle distance to the ahead-traveling vehicle is equal to or longer than a second inter-vehicle distance that is longer than the first inter-vehicle distance.
Shimotani, in the same field of endeavor, teaches
…the control device executes a general speed control to operate the power train and the brake system such that the inter-vehicle distance to the ahead-traveling vehicle is equal to or longer than a first inter-vehicle distance (“Based on the control performed by the controller 107, the vehicle control device 116 adjusts a distance from the other vehicle so that the distance is increased when there is a need to pay attention to the other vehicle, and the distance becomes equal to a normal distance when there is no need to pay attention to the other vehicle” (para 0098) and “The controller 107 controls calling attention of the driver and a semi-automatic operation (controls an inter-vehicle distance) based on the attention level calculated in accordance with the equation (1)” (para 0142)); and
…the control device executes, as the speed control, a specified speed control to operate the power train and the brake system such that the inter-vehicle distance to the ahead-traveling vehicle is equal to or longer than a second inter-vehicle distance that is longer than the first inter-vehicle distance (“Based on the control performed by the controller 107, the vehicle control device 116 adjusts a distance from the other vehicle so that the distance is increased when there is a need to pay attention to the other vehicle, and the distance becomes equal to a normal distance when there is no need to pay attention to the other vehicle” (para 0098), “the vehicle control device 116 controls an engine speed, a brake-system device, and the like to control the speed of the own vehicle” (para 0045), and “The controller 107 controls calling attention of the driver and a semi-automatic operation (controls an inter-vehicle distance) based on the attention level calculated in accordance with the equation (1)” (para 0142)).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Seiichi with the teachings of Shimotani in order to detect the peripheral vehicle icle; see Shimotani at least at [0098].
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2007072641 (hereinafter, "Seiichi") in view of U.S. Pub. No. 20150206434 (hereinafter, "Shimotani") as applied to claim 1 above, and in further view of U.S. Pub. No. 20170137033 (hereinafter, "Habu").
Regarding claim 4, Seiichi discloses the safe-driving assist system according to claim 1, wherein:
the safe-driving assist system is equipped in the vehicle including a sensor group that measures a distance to the peripheral vehicle (“in the dangerous vehicle detection device according to any one of the first to fifth aspects, a distance detection sensor such as an ultrasonic sonar, a laser radar, or a millimeter-wave radar is provided” (para 0007, lines 24-26)); and
However, Seiichi does not explicitly teach
when the control device has detected the peripheral vehicle on which the driver sign is displayed, the control device executes a steering assist to operate a power steering system such that a lateral distance to the peripheral vehicle on which the driver sign is displayed is secured.
Shimotani, in the same field of endeavor, teaches
when the control device has detected the peripheral vehicle on which the driver sign is displayed (“The beginner drivers' sign (Shoshinsha mark) displayed on the vehicle C and the aged drivers' sign (Koreisha mark) displayed on the vehicle D can be acquired by the image sensor 109 mounted in the vehicle A” (para 0164)).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Seiichi with the teachings of Shimotani in to detect the peripheral vehicle; see Shimotani at least at [0098],
Habu, in the same field of endeavor, teaches
the control device executes a steering assist to operate a power steering system such that a lateral distance to the peripheral vehicle on which the driver sign is displayed is secured (“The vehicle control ECU 10 is configured to generate a control command for the steering unit 33 so that the lateral position of the own vehicle is coincident with the target lateral position, thereby performing the automatic steering control” (para 0023) and Fig. 2).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Seiichi with the teachings of Habu in order to detect the peripheral vehicle; see Habu at least at [0023].
Regarding claim 5, Seiichi discloses the safe-driving assist system according to claim 4. However, Seiichi does not explicitly teach
wherein: when the control device has detected the peripheral vehicle on which the driver sign is not displayed, the control device executes a general steering assist to operate the power steering system such that the lateral distance to the peripheral vehicle is equal to or longer than a first lateral distance; and
when the control device has detected the peripheral vehicle on which the driver sign is displayed, the control device executes, as the steering assist, a specified steering assist to operate the power steering system such that the lateral distance to the peripheral vehicle is equal to or longer than a second lateral distance that is longer than the first lateral distance.
Shimotani, in the same field of endeavor, teaches
wherein: when the control device has detected the peripheral vehicle on which the driver sign is not displayed, …; and when the control device has detected the peripheral vehicle on which the driver sign is displayed, … (“The beginner drivers' sign (Shoshinsha mark) displayed on the vehicle C and the aged drivers' sign (Koreisha mark) displayed on the vehicle D can be acquired by the image sensor 109 mounted in the vehicle A” (para 0164)).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Seiichi with the teachings of Shimotani in order to pay attention to the other vehicle; see Shimotani at least at [0098],
Habu, in the same field of endeavor, teaches
wherein: …, the control device executes a general steering assist to operate the power steering system such that the lateral distance to the peripheral vehicle is equal to or longer than a first lateral distance; and …, the control device executes, as the steering assist, a specified steering assist to operate the power steering system such that the lateral distance to the peripheral vehicle is equal to or longer than a second lateral distance that is longer than the first lateral distance. (Fig. 2, “The vehicle control ECU 10 is further configured to detect a preceding vehicle based on image data received from the imaging units 21 and ranging data received from the radar unit 2” (para 0023), and “if the own vehicle is passed by an emergency vehicle, the vehicle control ECU 10 performs the automatic driving control based on a predetermined control value so that the lateral distance between the own vehicle and the emergency vehicle becomes greater than normal lateral distances” (para 0040)).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Seiichi with the teachings of Habu in order to perform the automatic steering control; see Habu at least at [0023].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ALHARBI whose telephone number is (313)446-6621. The examiner can normally be reached on M-F 11:00AM – 7:30PM EST.
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/ADAM M ALHARBI/Primary Examiner, Art Unit 3663