DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-5 filed on 06/12/2024 have been examined.
This Office Action is in response to the Applicant’s amendments and remarks filed on 12/03/2025. Claim 1 has been amended. Claims 2-5 have been canceled. Claims 6-7 have been added as new claims to the claim set. Claims 1 and 6-7 are currently pending and addressed below.
Response to Remarks/Arguments
Applicant’s accompanying amendments and arguments, on page 5 of the Applicant Arguments/Remarks (hereinafter referred to as the “Remarks”), filed 12/03/2025, with respect to Claim Interpretation under 35 U.S.C. 112(f) stating “… By the present amendment, claim 1 is amended to recite a driving assist ECU as suggested by the Office Action. As such, 35 U.S.C. §112(f) is no longer applicable…” have been considered and are persuasive. Therefore, the Examiner has withdrawn Claim Interpretation under 35 U.S.C. 112(f).
Applicant’s accompanying amendments and arguments, on pages 5-7 of the Applicant Remarks, filed 12/03/2025, with respect to the rejection of claim 1 under 35 U.S.C. 102 stating “… Anticipation requires the disclosure, in a single prior art reference, of each and every element of the claimed invention, arranged as in the claim. Because at least the above-noted claimed features are not present in Gokan, the subject matter of amended claim 1 is not anticipated by the cited art. In view of the amendments to the claims, and for the reasons discussed above, the Applicant submits that the rejections are overcome, and respectfully requests the reconsideration and withdrawal of the rejections…” have been considered but are moot due to the amendments and added limitations provided above. Upon further consideration, a new ground(s) of rejection is made in view of Gu et al. US 20220297643 A1 (“Gu”).
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Gokan et al. US 20150307091 A1 (“Gokan”) in view of Gu et al. US 20220297643 A1 (“Gu”).
For claim 1, Gokan discloses a vehicle deceleration assist control device (See at least [0005] of Gokan – “… the present disclosure intends to provide a vehicle acceleration suppression device…”) comprising a driving assist electronic control unit (ECU) for executing a deceleration assist control of a vehicle (See at least [0044]-[0047] of Gokan – “… the travel controller 10 is configured to include… an acceleration suppression activation determination unit 10G… a brake control amount operation unit 10J… The acceleration suppression activation determination unit 10G is configured to … to determine whether or not acceleration suppression control for suppressing the acceleration of the vehicle MM need to be carried out… to avoid the obstacle… the acceleration suppression control includes drive force limit control for limiting the drive force of the vehicle MM and brake force control for generating a brake force in the vehicle MM…”), wherein
the driving assist ECU is configured to:
determine whether a deceleration target is in front of the vehicle (See at least [0044]-[0045] of Gokan – “… FIG. 3 is a block view illustrative of a configuration of the travel controller 10… The surrounding environment recognition information operation unit 10A is configured to recognize an environment surrounding the vehicle based on a signal from the surrounding environment recognition sensor 1. Herein, information on the obstacle (the presence or absence of obstacle, the location of the obstacle, the distance between the vehicle MM and the obstacle) in the surrounding of the vehicle is recognized…”);
calculate, in a case where a determination is made that the deceleration target is in front of the vehicle, a target deceleration value for causing a vehicle speed of the vehicle at a time at which the vehicle reaches a position of the deceleration target to be a target vehicle speed, based on a current vehicle speed of the vehicle, a distance from the vehicle to the deceleration target, and the target vehicle speed determined according to a type of the deceleration target (See at least [0084]-[0085] – “…the acceleration suppression activation determination unit 10G acquires the speed of the vehicle MM from the vehicle speed operation unit 10B… the acceleration suppression activation determination unit 10G determines whether or not the vehicle speed acquired in the above step S130 is lower than a predefined vehicle speed threshold… for example, 15 km/h…”and [0127]-[0136] of Gokan – “… FIG. 13 is a time chart illustrative of an example of the operation while the vehicle MM is traveling at a low speed under 15 km/h toward a wall… at a location that is 300 cm short of the wall (at a time point t2) as illustrated in the lower section of FIG. 6B, it is determined that the detected obstacle is a tall obstacle that is as tall as the vehicle or taller than the vehicle MM… at this time point t2, the acceleration suppression amount is operated so that the throttle opening degree (acceleration instruction value) should not be higher than 0% (step S240), and the engine is controlled based on the acceleration suppression amount that has been operated… the acceleration of the vehicle MM is suppressed with certainty… Accordingly, the brake force corresponding to 0.25 G is generated, so that the vehicle speed can be decreased… the acceleration of the vehicle MM is suppressed, so that a contact with the wall can be prevented…” Examiner notes that the invention of Gokan determines a deceleration value based on the vehicle speed meeting a low speed threshold, a distance to an obstacle, and a target decreased vehicle speed relative to a previous speed in order to prevent a collision with the obstacle);
determine whether an accelerator of the vehicle is in an ON state in which an accelerator operation amount exceeds a reference value, or in an OFF state in which the accelerator operation amount is equal to or less than the reference value (See at least [0090] of Gokan – “… the acceleration suppression activation determination unit 10G determines whether or not the accelerator manipulation amount acquired in step S170 is equal to or larger than a predefined accelerator manipulation amount threshold… when the accelerator manipulation amount is equal to or larger than the accelerator manipulation amount threshold, processing goes to step S182. When the accelerator manipulation amount is smaller than the accelerator manipulation amount threshold, processing goes to step S145…”); and
in a case where a determination is made that the accelerator is in the ON state,
(i) decelerate the vehicle according to the accelerator operation amount (See at least [0127]-[0133] of Gokan – “… FIG. 13 is a time chart illustrative of an example of the operation while the vehicle MM is traveling at a low speed under 15 km/h toward a wall. When the travel controller 10 detects a wall for the first time as an obstacle existing ahead in the travel direction of the vehicle MM at a location that is 350 cm short of the wall (at a time point t1… when a driver makes an accelerator operation at the time point t1, the drive force limit control is not carried out (step S250: No in FIG. 11), and the engine is controlled such that the throttle opening degree depends on the driver's accelerator manipulation amount… at this time point t2, the acceleration suppression amount is operated so that the throttle opening degree (acceleration instruction value) should not be higher than 0% (step S240), and the engine is controlled based on the acceleration suppression amount that has been operated. Accordingly, the throttle opening degree is limited to 0%. Thus, by activating the strong drive force limit control, the acceleration of the vehicle MM is suppressed with certainty … Accordingly, the brake force corresponding to 0.25 G is generated, so that the vehicle speed can be decreased…”),
(ii) set a mode change timing according to the type of the deceleration target (See at least [0127]-[0133] of Gokan – “…When the travel controller 10 detects a wall for the first time as an obstacle existing ahead in the travel direction of the vehicle MM at a location that is 350 cm short of the wall (at a time point t1… at a location that is 300 cm short of the wall (at a time point t2… it is determined that the detected obstacle is a tall obstacle … at this time point t2, the acceleration suppression amount is operated…”), and
(iii) decelerate the vehicle based on the calculated target deceleration value in a case where the mode change timing is reached (See at least [0127]-[0136] of Gokan – “… When the travel controller 10 detects a wall for the first time as an obstacle existing ahead in the travel direction of the vehicle MM at a location that is 350 cm short of the wall (at a time point t1… at a location that is 300 cm short of the wall (at a time point t2) as illustrated in the lower section of FIG. 6B, it is determined that the detected obstacle is a tall obstacle that is as tall as the vehicle … at this time point t2, the acceleration suppression amount is operated so that the throttle opening degree (acceleration instruction value) should not be higher than 0% (step S240), and the engine is controlled based on the acceleration suppression amount that has been operated. Accordingly, the throttle opening degree is limited to 0%. Thus, by activating the strong drive force limit control, the acceleration of the vehicle MM is suppressed with certainty … Accordingly, the brake force corresponding to 0.25 G is generated, so that the vehicle speed can be decreased… when the driver continues the accelerator operation and the vehicle MM reaches a location that is 50 cm short of the wall at a time point t3 (step S330: Yes), the travel controller 10 activates the strong brake force control … the acceleration of the vehicle MM is suppressed, so that a contact with the wall can be prevented…”).
Gokan fails to specifically disclose decelerate the vehicle based on the calculated target deceleration value in a case where a determination is made that the accelerator is in the OFF state.
However, Gu, in the same field of endeavor teaches decelerate the vehicle based on the calculated target deceleration value in a case where a determination is made that the accelerator is in the OFF state (See at least [0036] of Gu – “… Referring to FIG. 1, which illustrates a schematic diagram of an automatic braking system according to an embodiment of the invention… control module 2 is configured to automatically enter an automatic braking process when a vehicle speed is less than a predetermined speed threshold value and a driver completely releases an accelerator pedal… determines a target stop position based on the surrounding information, and determines a braking deceleration... the control module 2 slows down the vehicle at the braking deceleration and stops the vehicle at the target stop position by adjusting a motor and a braking system…”). Thus, Gokan discloses a vehicle acceleration suppression system that detects an obstacle ahead of the own vehicle and performs acceleration suppression and braking of the vehicle when an accelerator of the vehicle is operated at a time and distance when an approach degree of the vehicle to the obstacle is equal to or higher than a predefined approach degree depending on an obstacle type, while Gu teaches an automatic braking system for a vehicle that decelerates the vehicle for a determined target stop position in a case where it is determined that a driver completely releases an acceleration pedal.
Therefore, 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 vehicle deceleration assist control device as disclosed in Gokan to include the feature of decelerating the vehicle based on the calculated target deceleration value in a case where a determination is made that the accelerator is in the OFF state as taught by Gu, with a reasonable expectation of success, in order to improve the driving experience in urban traffic jams as specified in at least [0036] of Gu.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gokan in view of Gu, as applied to claim 1 above, and further in view of Shimohira et al. US 20090299559 A1 (“Shimohira”).
For claim 7, Gokan discloses wherein the driving assist ECU is further configured to, in a case where the deceleration target is a preceding vehicle and the vehicle is traveling on a road, set the mode change timing to be equal to an end time of the deceleration assist control (See at least [0144]-[0150] of Gokan – “… the case where the obstacle existing ahead in the travel direction of the vehicle MM is another vehicle will be described by referring to FIG. 15… the acceleration suppression amount is operated such that the throttle opening degree (acceleration instruction value) is not higher than 25% at a time point t13 … Accordingly, the throttle opening degree is limited to 25%. Thus, the acceleration of the vehicle MM is suppressed by activating the weak drive force limit control… When the vehicle MM moves to a location of a short distance that is 50 cm short of another vehicle at a time point t14… the travel controller 10 activates the strong drive force limit control to limit the throttle opening degree to 0% (step S240). In addition, since the vehicle MM moves to a location that is 50 cm short of another vehicle (step S330: Yes), the strong brake force control is activated for the purpose of avoiding a contact with another vehicle to generate the brake force corresponding to 0.5 G…”).
Gokan fails to specifically disclose wherein the driving assist ECU is further configured to, in a case where the vehicle is traveling on a horizontal road, set the mode change timing.
However, Shimohira, in the same field of endeavor teaches wherein the driving assist ECU is further configured to, in a case where the vehicle is traveling on a horizontal road, set the mode change timing (See at least [0047] of Shimohira – “… FIG. 6 is a graph showing temporal changes in the altitude of the road surface, the traveling environmental condition flag F1, the vehicle speed V, the required torque Tr*, and the state of the engine 22 when the hybrid vehicle 20 travels on a downhill slope and a flat road contiguous to the downhill slope … if the vehicle speed V is higher than the threshold value Vref when the traveling environmental condition fails to be satisfied because the hybrid vehicle has come out of the downhill slope and enters the flat road (when the value indicated by the traveling environmental condition flag F1 is changed to 0) (time t1), a braking force is applied to the vehicle with the use of the engine braking and the braking torque that is output from the motor MG2 to the ring gear shaft 32a until the vehicle speed V becomes equal to or lower than the threshold value Vref…”). Thus, Gokan discloses a vehicle acceleration suppression system that detects an obstacle ahead of the own vehicle and performs acceleration suppression and braking of the vehicle when an accelerator of the vehicle is operated at a time and distance when an approach degree of the vehicle to the obstacle is equal to or higher than a predefined approach degree depending on an obstacle type, while Shimohira teaches a vehicle control system that decelerates a travelling vehicle when the vehicle enters a flat road.
Therefore, 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 vehicle deceleration assist control device as disclosed in Gokan to include the feature of the driving assist ECU is further configured to, in a case where the vehicle is traveling on a horizontal road, set the mode change timing as taught by Shimohira, with a reasonable expectation of success, in order to control the vehicle speed to become lower than a threshold after a vehicle comes out of a downhill as specified in at least [0047] of Shimohira.
Allowable Subject Matter
Claim 6 is objected to for containing allowable subject matter, but would be allowable if the claim rejections from previous sections of this office action were resolved.
The following is an Examiner’s statement of reasons for allowance:
The closest prior art of record is Gokan et al. US 20150307091 A1 (“Gokan”), Gu et al. US 20220297643 A1 (“Gu”), Shimohira et al. US 20090299559 A1 (“Shimohira”), Ogawa et al. US 20200339107 A1 (“Ogawa”), Calleija et al. US 20240286626 A1 (“Calleija”), and Moran et al. US 20140121902 A1 (“Moran”).
Gokan discloses a vehicle acceleration suppression system that detects an obstacle ahead of the own vehicle and performs acceleration suppression and braking of the vehicle when an accelerator of the vehicle is operated at a time and distance when an approach degree of the vehicle to the obstacle is equal to or higher than a predefined approach degree depending on an obstacle type.
Gu teaches an automatic braking system for a vehicle that decelerates the vehicle for a determined target stop position in a case where it is determined that a driver completely releases an acceleration pedal.
Shimohira teaches a vehicle control system that decelerates a travelling vehicle when the vehicle enters a flat road.
Ogawa teaches a vehicle control system that decelerates a vehicle quickly in response to a steering wheel manipulation by a driver.
Calleija teaches an autonomous vehicle system that decelerates a vehicle earlier in situations that require the vehicle to be stopped when multiple weather conditions are detected that impact normal navigation.
Moran teaches a stability control system for a vehicle that applies the brakes for a vehicle at a sooner timing when an upcoming portion or road ahead of the vehicle indicates a downhill than would be applied if the road ahead was an uphill road.
As to claim 6, the prior art of record, taken individually or in combination, fails to teach or suggest the following claimed subject matter:
“wherein the driving assist ECU is further configured to, in a case where the deceleration target is a preceding vehicle, set the mode change timing earlier in a case where the vehicle is traveling on an uphill road than in a case where the vehicle is traveling on a horizontal road”
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 MICHAEL J HERRERA whose telephone number is (571)270-5271. The examiner can normally be reached M-F 10:00 AM to 6:00 PM EST.
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/M.J.H./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668