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 action is in response to the Applicant’s arguments and amendments filed on 2/06/2026. Applicant amended claims 1-9 and 11-12; and canceled claim 10. Claims 1-9 and 11-12 are pending and are examined below.
RESPONSE TO REMARKS AND ARGUMENTS
In regards to the claim objections, Applicant’s amendments filed on 2/06/2026 obviate the claim objections – accordingly, the claim objections are withdrawn.
In regards to the claim rejections under § 112(b), Applicant’s amendments filed on 2/06/2026 obviate the claim rejections – accordingly, the claim rejections under § 112(b) are withdrawn.
In regards to the claim rejections under § 102, Applicant’s amendments and arguments filed on 2/06/2026 have been fully considered but are unpersuasive.
As to amended independent claim 1, Applicant refers to the following features:
set a target position on a target trajectory along which a vehicle is to travel, the target position being a target destination at which the vehicle is to arrive after a preview time
output a control command to cause the vehicle to track the target trajectory, based on a prediction of a trajectory deviation amount at the target position
calculates a third distance that is a total distance of a first distance to be traveled by the vehicle during a period from a first time for calculating the target trajectory to a second time which is a next calculation timing of a target trajectory after a calculation cycle from the first time and a second distance to be traveled by the vehicle during the preview time
calculates, while a shape of a first target trajectory calculated at the first time being partly retained for a distance corresponding to the third distance from the vehicle, a second target trajectory at the second time
As to feature 1, Applicant argues that Caldwell estimates a future vehicle location at a next timing based on an updated interval and/or actuation delay, and then computes a new trajectory. Applicant submits that these teaching contrast with the claimed act of setting a target position that is a target destination at which the vehicle is to arrive after a preview time.
As to feature 2, Applicant argues that Caldwell uses a threshold-distance check between a vehicle’s actual location and a planned/previous trajectory to determine whether to continue trajectory generation and tracking. Applicant submits that Caldwell does not describe outputting a control command based on a prediction of a trajectory deviation amount at a target position.
As to feature 3, Applicant argues that although Caldwell discusses a time interval between successive calculations and uses that interval to estimate future travel, Caldwell does not disclose the claimed third distance as a sum of (i) the distance traveled during the calculation cycle and (ii) the distance traveled during the preview time.
As to feature 4, Applicant argues that Caldwell does not disclose retaining the shape of a first target trajectory for a length corresponding to the claimed third distance. That is, Applicant argues that Caldwell’s disclosure of computing a new trajectory based on a prior trajectory is not the same as the amended requirement to partly retain the prior trajectory’s shape for the specifically defined retained length.
Examiner respectfully disagrees.
Regarding feature 1, Caldwell discloses the broadest reasonable interpretation (BRI) of: set a target position on a target trajectory along which a vehicle is to travel, the target position being a target destination at which the vehicle is to arrive after a preview time (“The planner component 324 may determine a route to travel from a first location (e.g., a current location) to a second location (e.g., a target location).” ¶ 59. “The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to a preview time, “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: Summarizing, the one or more delay times represent the BRI of a preview time as said delay times represent a time required to implement a current trajectory to arrive at an associated position of the current trajectory.). In a nutshell, Caldwell first determines a target destination (target location) and subsequently determines a total trajectory to arrive at the target destination. From this context, the planned first trajectory to a final target position necessarily sets up associated target positions along the planned trajectory against which at the end of an interval (ΔT ) it is checked whether a vehicle’s trajectory is tracking the trajectory. The foregoing aligns with the BRI of the claimed invention.
Regarding feature 2, Caldwell discloses the BRI of: output a control command to cause the vehicle to track the target trajectory, based on a prediction of a trajectory deviation amount at the target position (“At operation 504, the process 500 includes determining whether the first location is within a threshold distance of a planned trajectory of the vehicle.” ¶ 95. “At operation 520, the process 500 includes controlling the vehicle based at least in part on the second trajectory (determined at operation 516) or the third trajectory.” ¶ 106. See also FIG. 5 and ¶¶ 96-105.). Here, the threshold-distance check is between a vehicle’s estimated location and a planned trajectory. Hence, Caldwell reads plainly on the BRI of feature 2.
Regarding feature 3, in Caldwell the total distance would be: “The longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time” (¶ 35.) And recall from Caldwell ¶¶ 27-28 that the time interval is determined (1) “based on a time associated with the planner component 118 calculating a next vehicle trajectory;” and (2) “based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120.” Following the analysis put forth regarding feature 2, time (1) would constitute a time cycle duration, and time (2) would constitute a preview time. Hence, calculating the longitudinal coordinate based on ΔT would necessarily total a distance covered under time (1) and a distance covered under time (2).
Regarding feature 4, Caldwell read on the BRI of the claim limitation at issue. Applicant’s specification discloses: “The retained part of the first target trajectory includes a section corresponding to a distance traveled by vehicle 100 during a time period from the first time to the second time and a first target position (first preview point) set on the first target trajectory.” (PGPUB, ¶ 87.) Critically, Caldwell discloses, “The time interval ΔT1 between the first time and the second time T2 may be a fixed time interval determined to provide the planner component sufficient time to determine the second vehicle trajectory 120(2) and enable implementation thereof at the second time T2 (e.g., calculation time plus a buffer).” ¶ 27. Hence, the computation of the second trajectory is performed while the first trajectory is being maintained. In light of the above, Caldwell reads plainly on the BRI of calculating a second target trajectory while retaining the first trajectory shape for the claimed distance because the first vehicle trajectory is necessarily retained as the vehicle travels along the first vehicle trajectory without modification until T2 is reached.
Accordingly, the claim rejections under § 102 are maintained.
CLAIM OBJECTIONS
Claim(s) 7 is/are objected to because of claim informalities.
As to claim 7, “the control unit cancel retaining” is grammatically incorrect – Examiner suggests amending to: “the control unit cancels retaining”.
Appropriate correction is required.
CLAIM REJECTIONS—35 U.S.C § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-9 and 11-12 is/are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Caldwell et al. (US20220371613A1; “Caldwell”).
As to independent claim 1, Caldwell discloses a vehicle control device comprising:
a control unit that outputs a calculation result based on input information (“vehicle computing device 304” – see ¶ 56 and FIG. 3.),
wherein the control unit is configured to:
set a target position on a target trajectory along which a vehicle is to travel, the target position being a target destination at which the vehicle is to arrive after a preview time (“The planner component 324 may determine a route to travel from a first location (e.g., a current location) to a second location (e.g., a target location).” ¶ 59. “The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to a preview time, “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: Summarizing, the one or more delay times represent the BRI of a preview time as said delay times represent a time required to implement a current trajectory to arrive at an associated position of the current trajectory.), and
output a control command to cause the vehicle to track the target trajectory, based on a prediction of a trajectory deviation amount at the target position (“At operation 504, the process 500 includes determining whether the first location is within a threshold distance of a planned trajectory of the vehicle.” ¶ 95. “At operation 520, the process 500 includes controlling the vehicle based at least in part on the second trajectory (determined at operation 516) or the third trajectory.” ¶ 106. See also FIG. 5 and ¶¶ 96-105.), and
wherein the control unit:
calculates a third distance that is a total distance of a first distance to be traveled by the vehicle during a period from a first time for calculating the target trajectory to a second time which is a next calculation timing of a target trajectory after a calculation cycle from the first time and a second distance to be traveled by the vehicle during the preview time (“The planner component 118 may determine the longitudinal coordinate associated with the first estimated vehicle location 126(1) based on a longitudinal distance between the first actual vehicle location 124(1), the first vehicle trajectory 120(1), and the first time interval ΔT1.” ¶ 35. “The vehicle computing system may then determine the second location 210 based on the first location 204 projected onto the planned trajectory 207, such as by estimating a distance the vehicle will travel based on the first vehicle trajectory 120(1).” ¶ 45. In regards to the claimed distances, first: “the time interval may be determined based on a time associated with the planner component 118 calculating a next vehicle trajectory.” ¶ 27. Second: “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: The first time would constitute a time cycle duration, and second time would constitute a preview time. Hence, calculating the longitudinal coordinate based on ΔT would necessarily total a distance covered under time (1) and a distance covered under time (2). )
calculates, while a shape of a first target trajectory calculated at the first time being partly retained for a distance corresponding to the third distance from the vehicle, a second target trajectory at the second time (“The planner component 118, traveling at a first vehicle trajectory 120(1) at a first time T-1, may initiate calculation of a second vehicle trajectory 120(2) to implement at a second time T2” – see ¶ 27 and FIG. 1. Note: The first vehicle trajectory is necessarily retained as the vehicle travels along the first vehicle trajectory without modification until T2 is reached.), and
outputs the control command based on a second target position set on the second target trajectory (“At operation 222, the vehicle computing system controls the vehicle at the second time based at least in part on the second vehicle trajectory 120(2).” ¶ 53 and FIG. 2. See also FIG. 1.).
Independent claim 11 is rejected for at least the same reasons as claim 1 as the claims recite similar subject matter but for minor differences.
As to independent claim 12, Caldwell discloses a vehicle control system comprising:
an environment recognition unit that acquires information related to a driving environment of a driving road on which a vehicle travels (sensor system(s) 306 including at least GPS, radar, LIDAR, etc. – see ¶ 70 and FIG. 3.);
a vehicle motion state acquisition unit that acquires information related to a motion state of the vehicle (sensor system(s) 306 including at least inertial sensors, accelerometers, etc. – see ¶ 70 and FIG. 3.); and
a control unit that outputs a calculation result based on input information (“vehicle computing device 304” – see ¶ 56 and FIG. 3.),
the control unit being configured to:
set a target position on a target trajectory along which a vehicle is to travel, the target position being a target destination at which the vehicle is to arrive after a preview time (“The planner component 324 may determine a route to travel from a first location (e.g., a current location) to a second location (e.g., a target location).” ¶ 59. “The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to a preview time, “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: Summarizing, the one or more delay times represent the BRI of a preview time as said delay times represent a time required to implement a current trajectory to arrive at an associated position of the current trajectory.), and
output a control command to cause the vehicle to track the target trajectory, based on a prediction of a trajectory deviation amount at the target position (“At operation 504, the process 500 includes determining whether the first location is within a threshold distance of a planned trajectory of the vehicle.” ¶ 95. “At operation 520, the process 500 includes controlling the vehicle based at least in part on the second trajectory (determined at operation 516) or the third trajectory.” ¶ 106. See also FIG. 5 and ¶¶ 96-105.), and
calculating a third distance that is a total distance of a first distance to be traveled by the vehicle during a period from a first time for calculating the target trajectory to a second time which is a next calculation timing of a target trajectory after a calculation cycle from the first time and a second distance to be traveled by the vehicle during the preview time (“The planner component 118 may determine the longitudinal coordinate associated with the first estimated vehicle location 126(1) based on a longitudinal distance between the first actual vehicle location 124(1), the first vehicle trajectory 120(1), and the first time interval ΔT1.” ¶ 35. “The vehicle computing system may then determine the second location 210 based on the first location 204 projected onto the planned trajectory 207, such as by estimating a distance the vehicle will travel based on the first vehicle trajectory 120(1).” ¶ 45. In regards to the claimed distances, first: “the time interval may be determined based on a time associated with the planner component 118 calculating a next vehicle trajectory.” ¶ 27. Second: “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: The first time would constitute a time cycle duration, and second time would constitute a preview time. Hence, calculating the longitudinal coordinate based on ΔT would necessarily total a distance covered under time (1) and a distance covered under time (2). )
calculating, while a shape of a first target trajectory calculated at the first time being partly retained for a distance corresponding to the third distance from the vehicle, a second target trajectory at the second time (“The planner component 118, traveling at a first vehicle trajectory 120(1) at a first time T-1, may initiate calculation of a second vehicle trajectory 120(2) to implement at a second time T2” – see ¶ 27 and FIG. 1. Note: The first vehicle trajectory is necessarily retained as the vehicle travels along the first vehicle trajectory without modification until T2 is reached.), and
outputting the control command based on a second target position set on the second target trajectory (“At operation 222, the vehicle computing system controls the vehicle at the second time based at least in part on the second vehicle trajectory 120(2).” ¶ 53 and FIG. 2. See also FIG. 1.); and
an actuator unit that controls the motion state of the vehicle based on the control command (Drive system(s) 314, including at least motor, engine, etc. – see at least ¶ 28 and FIG. 3.).
As to claim 2, Caldwell discloses: wherein the control unit calculates the third distance based on
a total time obtained by adding the calculation cycle and the preview time of a first preview point that is the first target position (“The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to the time interval, first: “the time interval may be determined based on a time associated with the planner component 118 calculating a next vehicle trajectory.” ¶ 27. Second: “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: Summarizing, the time interval ΔT represents a sum of a calculation cycle and one or more delay times, wherein the delay times represent the broadest reasonable interpretation (BRI) of a preview time as said delay times represent a time required to implement a current trajectory to arrive at an associated position of the current trajectory. Continuing: “The new vehicle trajectory 120 may be determined based on longitudinal information (e.g., velocity, acceleration, etc.).” ¶ 37. See also ¶ 47.), and
a velocity of the vehicle (“The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. See also ¶ 28.).
As to claim 3, Caldwell discloses wherein the control unit calculates the third distance by adding:
a basic distance calculated based on a total time obtained by adding the calculation cycle and the preview time of a first preview point that is the first target position, and a velocity of the vehicle (“The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to the time interval, first: “the time interval may be determined based on a time associated with the planner component 118 calculating a next vehicle trajectory.” ¶ 27. Second: “The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command …. [A]t a first time T1, the planner component 118 may initiate calculation of a second vehicle trajectory 120(2) associated with a second time T2. The second vehicle trajectory 120(2) may include a decrease in velocity, requiring actuation of a braking component of the drive system. The delay time may account for a delay in actuating the braking component to cause the vehicle 102 to slow as necessary according to the second vehicle trajectory 120(2).” ¶ 28. Note: Summarizing, the time interval ΔT represents a sum of a calculation cycle and one or more delay times, wherein the delay times represent the broadest reasonable interpretation (BRI) of a preview time as said delay times represent a time required to implement a current trajectory to arrive at an associated position of the current trajectory. Continuing: “The new vehicle trajectory 120 may be determined based on longitudinal information (e.g., velocity, acceleration, etc.).” ¶ 37. See also ¶ 47.); and
a correction distance calculated based on an acceleration of the vehicle and the total time (“A delay associated with a motor causing a vehicle to accelerate may include a delay time of 50 milliseconds and a delay associated with a braking component may include a delay time of 20 milliseconds.” ¶ 29. Also, “the new vehicle trajectory 120 may be determined based on longitudinal information (e.g., velocity, acceleration, etc.).” ¶ 37. “[S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command.” ¶ 28.).
As to claim 4, Caldwell discloses:
wherein the control unit calculates the third distance by adding:
the first distance calculated based on the calculation cycle and a velocity of the vehicle (“The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to the time interval, first: “the time interval may be determined based on a time associated with the planner component 118 calculating a next vehicle trajectory.” ¶ 27. See also ¶¶ 35, 37 and 47. “The new vehicle trajectory 120 may be determined based on longitudinal information (e.g., velocity, acceleration, etc.).” ¶ 37. See also ¶ 47.), and
the second distance calculated based on the preview time and the velocity of the vehicle (“The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command.” ¶ 28. See also ¶ 35 and FIG. 1 for discussion regarding calculating the distance based on the time interval. “The new vehicle trajectory 120 may be determined based on longitudinal information (e.g., velocity, acceleration, etc.).” ¶ 37. Note: When the total distance during ΔT is calculated, note well that ΔT necessarily accounts for the preview point time. In other words, the preview point distance is necessarily calculated also added to arrive at the total distance, as otherwise the disclosed invention would report an inaccurate distance.).
As to claim 5, Caldwell discloses:
wherein the control unit calculates the third distance by adding:
the first distance calculated based on the calculation cycle and a velocity of the vehicle (“The planner component 118 may determine the longitudinal coordinate based on how far the vehicle 102 is estimated to travel during a time interval ΔT between a current time and the future time, while traveling at one or more speeds associated with the previously determined vehicle trajectory.” ¶ 35 and FIG. 1. In regards to the time interval, first: “the time interval may be determined based on a time associated with the planner component 118 calculating a next vehicle trajectory.” ¶ 27. See also ¶¶ 35, 37 and 47. “The new vehicle trajectory 120 may be determined based on longitudinal information (e.g., velocity, acceleration, etc.).” ¶ 37. See also ¶ 47.);
a correction distance calculated based on an acceleration of the vehicle and a total time obtained by adding the calculation cycle and the preview time (“At operation 202, a vehicle computing system, such as vehicle computing system 116, determines a first location 204 of the vehicle 102 traveling according to a first vehicle trajectory 120(1) at a first time T1 …. the vehicle computing system may determine the first location 204 based on sensor data from one or more sensors. The sensor data may include data relating to a current state of the vehicle 102 such as, for example, a velocity, an acceleration.” ¶ 43. “At operation 208, the vehicle computing system determines, based at least in part in the first location 204 and the first vehicle trajectory 120(1), a second location 210 associated with the vehicle 102 at a second time after the first time, the second location 210 including a lateral coordinate 212 and a longitudinal coordinate 214.” ¶ 45. Note: That is, the distance traveled during a calculation cycle (i.e., between a second time and a first time) may be calculated based on at least acceleration of the vehicle. And as penned above, Caldwell aggregates the calculated distances to arrive at a total distance traveled during the first trajectory (i.e., the third distance).), and
the second distance calculated based on the preview time and the velocity of the vehicle (“The time interval may be determined based on a delay time associated with initiating a modification to a drive system component associated with a next vehicle trajectory 120 …. [S]uch delays or latencies may be aggregated or otherwise combined to determine a total latency between trajectory determination and final actuation of the command.” ¶ 28. See also ¶ 35 and FIG. 1 for discussion regarding calculating the distance based on the time interval. Note: When the total distance during ΔT is calculated, ΔT necessarily accounts for the preview point time. In other words, the preview point distance (i.e., second distance) is necessarily calculated also added to arrive at the total distance, as otherwise the disclosed invention would report an inaccurate distance.).
As to claim 8, Caldwell discloses: wherein when switching a control, depending on a traveling condition of the vehicle, from a first control for controlling motion state of the vehicle, to a second control for controlling motion state of the vehicle based on an index different from that for the first control, the control unit calculates the second target trajectory based on the second control while retaining the shape of a trajectory for a length corresponding to the third distance from the vehicle (“The tracker component 122 may receive the second vehicle trajectory 120(2) from the planner component 118, the second vehicle trajectory 120(2) including a slowing action (e.g., one or more speeds associated with the vehicle 102 yielding to the pedestrian). In some examples, the tracker component 122 may generate a control signal to send to a braking system component of a vehicle drive system based on the second vehicle trajectory 120(2). The tracker component 122 may send the control signal to the braking system component to cause the vehicle 102 to be controlled according to the vehicle trajectory at the second time. For another example, the tracker component 122 may determine a current location of the vehicle 102, such as the second actual vehicle location 124(2) at the second time and may determine steering angles, motor and/or engine actions (e.g., to speed up, maintain speed, slow down, etc.), braking actions, and/or the like to cause the 102 to follow the second vehicle trajectory 120(2) at the time T2.” ¶ 40. Note: Summarizing, the second trajectory implemented at second time T2 has a different (second) control index as compared to the first (retained) trajectory. Further note that as the second trajectory is initiated at T2, the controls associated with the first trajectory are necessarily maintained until T2.).
As to claim 9, Caldwell discloses wherein the control unit:
calculates the first target trajectory with each of the first control and the second control prior to switching from the first control to the second control (“At operation 202, a vehicle computing system, … determines a first location 204 of the vehicle 102 traveling according to a first vehicle trajectory 120(1) at a first time T1. … [T]he first location 204 may represent an actual vehicle location, such as first actual vehicle location 124(1). …. [T]he vehicle 102 may operate according to a planned path 108. The planned path may be … a general drive path associated with the vehicle 102 traveling to a final destination.” ¶ 43. “At operation 206, the vehicle computing system determines that the first location 204 is within a threshold distance 128 of a planned trajectory 207 of the vehicle 102. The planned trajectory 207 may include a previously determined vehicle trajectory, such as a vehicle trajectory associated with a previous time interval prior to T1.” ¶ 44. Note: That is, planned path 108 analogizes to a trajectory generated by a first control, and planned trajectory 207 analogizes to a trajectory generated by a second control.), and
under a condition that both of the first target position set on the first target trajectory calculated in the first control and the first target position set on the first target trajectory calculated in the second control are within a predetermined range, performs switching from the first control to the second control (“The vehicle computing system determines, based at least in part in the first location 204 and the first vehicle trajectory 120(1), a second location 210 associated with the vehicle 102 at a second time after the first time, the second location 210 including a lateral coordinate 212 and a longitudinal coordinate 214. In various examples, the second location 210 may be an estimated vehicle location, such as first estimated vehicle location 126(1), associated with the second time.” ¶ 45. Note: Here, the first target position (first estimated vehicle location) associated with the first control is equal to the first target position (second location 210) associated with the second control; hence, the two positions are necessarily within some predetermined range in order to trigger the change of control at T2 as discussed in ¶ 40.).
CLAIM REJECTIONS—35 U.S.C. § 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 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.
Claim(s) 6 is/are rejected under § 103 as being unpatentable over Caldwell in view of Oniwa et al. (US20190155293A1; “Oniwa”).
As to claim 6, Caldwell fails to explicitly disclose: wherein when a velocity of the vehicle is less than a predetermined velocity, the control unit fixes the third distance at a predetermined constant distance.
Nevertheless, Oniwa teaches: wherein when a velocity of the vehicle is less than a predetermined velocity, the control unit fixes a total distance at a predetermined constant distance (“When the speed v of the host vehicle M is equal to or lower than the speed threshold value Vth, the calculation reference position setting part 185B sets the calculation reference position VP(i) on the trajectory generated by the trajectory generating part 146 on the basis of the host vehicle position Pact (i) at the current time ti (step S304).” ¶ 286. “The fifth calculation part 185 sets the calculation reference position VP(i) at the position closest to the position of the host vehicle M recognized by the vehicle position recognition part 140 in the trajectory generated by the trajectory generating part 146, and the first calculation part 165 extracts the trajectory point K(i+n) corresponding to the future time after a time of n seconds (the first predetermined time) has elapsed from the current time t-i from among the plurality of trajectory points K included in the trajectory and derives the target speed when the host vehicle M is caused to travel along the trajectory on the basis of the length of the trajectory from the calculation reference position VP(i) to the trajectory point K(i+n).” ¶ 294. See also FIG. 31. Note: Summarizing, when a velocity of the vehicle is less than a predetermined value, a trajectory of a predetermined length from VP(i) to K(i+1) is retained, thereby adding (fixing) a total distance by a predetermined constant distance (i.e., the predetermined length).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell to include the feature of: wherein when a velocity of the vehicle is less than a predetermined velocity, the control unit fixes the third distance at a predetermined constant distance, as taught by Oniwa, with a reasonable expectation of success because this feature is useful to “accurately perform the speed control of the vehicle along the trajectory.” (Oniwa, ¶ 294.)
Claim 7 is rejected under § 103 as being unpatentable over Caldwell in view of Cheng et al. (US20230159056A1; “Cheng”).
As to claim 7, Caldwell fails to explicitly disclose: wherein when the vehicle requires an emergency avoidance, the control unit cancels retaining a shape of a trajectory for a length corresponding to the third distance and newly calculates the second target trajectory from a position of the vehicle.
Nevertheless, Cheng teaches: wherein when the vehicle requires an emergency avoidance, the control unit cancels retaining a shape of a trajectory for a length corresponding to a total distance and newly calculates the second target trajectory from a position of the vehicle (“The optimal path cost obtained in each frame is definitely less than 60% of the historical optimal path cost, and switching of the path from the historical path to the current optimal path is continuously triggered, to enable the ego vehicle to avoid the obstacle in time. In addition, the collision cost is also used during evaluation of the entire candidate path. For example, existence of obstacle 1 enables candidate paths near the obstacle 1 to encounter collision, and the collision cost thereof is also very high. Therefore, based on a weighted sum of a plurality of costs such as the background cost and the collision cost, the finally output obstacle avoidance path in this scenario shifts to the left, as shown in FIG. 21, to effectively avoid an obstacle that needs to be avoided.” ¶ 254. Note: That is, an obstacle avoidance path is selected and traveled along without retaining any other trajectories.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Caldwell to include the feature of: wherein when a vehicle requires an emergency avoidance, a control unit calculates a second target trajectory without retaining a trajectory, as taught by Cheng, with a reasonable expectation of success because this feature is useful to “avoid an obstacle safely and stably in a complex and narrow traffic scenario.” (Cheng, Abstract.)
CONCLUSION
This action is 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Mario C. Gonzalez whose telephone number is (571) 272-5633. The Examiner can normally be reached M–F, 10:00–6:00 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey S. Jabr, can be reached on (571) 272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.C.G./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
Prosecution Insights