DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 1-6 and 9-10 have been considered and examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/31/2026 has been entered.
Respond to Applicant’s Arguments/Remarks
Applicant’s arguments, see Remarks, filed 03/04/2026, with respect to the rejection(s) of claims 1-10 has been fully considered and the results as followings:
On pages 7-9 of Applicant’s remarks, Applicant argued that the combination of Sadakuni and Hall does not teach the amended invention of claim 1 specially the limitations of “wherein the device is configured, for each safety function of the set of safety functions, to check whether the user status of the safety function from the user profile goes beyond the required minimum status from the norm or not.”
Examiner respectfully disagrees with Applicant because as discussed in the Final rejection mailed on 12/10/2025, the rejection relied upon Sadakuni to disclose a driver assistance system for a vehicle to allow driver to register with the system to manually change different value for each of safety functions from initial value (Sadakuni: [0109]-[0111], [0121]-[0122], FIG. 8-9, and FIG. 12: In FIG. 8, initial values of the setting items are indicated by hatching (“norm”). At the time of new registration, the driver can set the set values of the setting items to arbitrary values. In particular, at the time of new registration, the driver can set whether to use the personalization function for each driver assistance function, whereby the driver can select between the driver assistance function for which personalization is desired and the driver assistance function for which personalization is not desired) wherein upon recognizing a driver, the system performs settings of the safety functions corresponding to the recognized driver (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed) and wherein a number of operations for each of the safety functions, comprising requirements for triggering the corresponding safety function, is counted up to determine a recommended value for each of the safety functions (Sadakuni: [0081]-[0088], [0095]-[0098], and FIG. 9-16: when the distance to the pedestrian further decreases and the vehicle 100 approaches the pedestrian in a predetermined second threshold distance, the driver assistance function determination unit 74 outputs the intervention operation command to the intervention operation control unit 76. In response to the above, the intervention operation control unit 76 operates the brake actuator 15 via the powertrain-chassis ECU 18 to decelerate the vehicle 100, and also operates the steering actuator 14 such that the vehicle 100 moves close to the side opposite to the pedestrian in the lane in which the vehicle 100 is traveling) wherein the recommended value is calculated based on a diagnostic result, from history driving information, evaluated by score based on the history driving information (Sadakuni: [0117]-[0118], [0132], and FIG. 8-16: the driving ability is evaluated by score based on the number of noted actions and the number of times the driver assistance function is executed. For example, the driving diagnostic unit 151 obtains deduction points for the item of handling based on the number of times of sharp steering and the number of times that lane tracing assist is activated).
Therefore, Sadakuni explicitly reads the limitations of “wherein the device is configured, for each safety function of the set of safety functions, to check whether the user status of the safety function from the user profile goes beyond the required minimum status from the norm or not.”
As a result, Applicant arguments are not deemed persuasive, and the previous rejections pertaining to the previous set of claims are sustained. Therefore, due to the claimed amendments, upon further consideration, a new ground of rejections necessitated by amendments is made in view of following reference/combinations.
Claim Rejections – 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a method for operating a set of safety functions of a vehicle, the method comprising: determining, during a journey of the vehicle, a user profile, wherein the user profile specifies a user status for each of the one or more safety functions of the set of safety functions; activating, when the vehicle is started, the set of safety functions according to a starting profile, wherein the starting profile specifies a starting status for each of the one or more safety functions of the set of safety functions and wherein the starting status provides a safest possible operation of the vehicle; determining, that for at least one safety function of the set of safety functions, the starting status deviates from the user status; and in reaction to a determination that the starting status deviates from the user status, causing a message to be output to the user of the vehicle indicating that the at least one safety function was started, deviating from the user profile, according to the starting profile; wherein the starting profile is determined based on the user profile and a norm; wherein the norm specifies, for each of the one or more safety functions of the set of safety functions, a required minimum status of the respective safety function when the vehicle is started; wherein the required minimum status of a safety function specifies at least one of: whether the safety function has to be activated when the vehicle is started; and a required minimum functional scope, using which the safety function has to be operated when the vehicle is started; and wherein, for each safety function of the set of safety functions, a determination is made whether the user status of the safety function from the user profile goes beyond the required minimum status from the norm or not; the user status is used as the starting status of the safety function for the starting profile in a case in which the user status goes beyond the required minimum status; and the required minimum status is used as the starting status of the safety function for the starting profile in a case in which the user status does not go beyond the required minimum status.
The limitations of determining, during a journey of the vehicle, a user profile; activating, when the vehicle is started, the set of safety functions according to a starting profile; determining, that for at least one safety function of the set of safety functions, the starting status deviates from the user status; and in reaction to a determination that the starting status deviates from the user status, causing a message to be output to the user of the vehicle indicating that the at least one safety function was started, deviating from the user profile, according to the starting profile, as drafted, is a process practically being performed in the mind.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. Thus, the claim is not patent eligible.
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 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.
Claims 1-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sadakuni et al. (US 2024/0025432 A1) in view of Hall et al. (Hall – US 2019/0152468 A1).
As to claim 1, Sadakuni discloses a device for operating a set of safety functions of a vehicle, wherein the device is configured:
to determine a user profile during a journey of the vehicle (Sadakuni: [0017], [0054], [0082], [0087], [0101]-[0102], [0106], and FIG. 8-11: the set value corresponding to the driver can be called as long as the face image is recognized), wherein the user profile specifies a user status for each of the one or more safety functions of the set of safety functions (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed);
when the vehicle is started, to activate the set of safety functions according to a starting profile (Sadakuni: [0006], [0036]-[0039], [0082]-[0083], [0100]-[0102], [0111], [0119]-[0120], and FIG. 8-11: The interior image recognition unit 72 recognizes the face of the driver from the image captured by the interior camera 51 using the image recognition algorithm described above. The personalization setting unit 81 determines whether the driver corresponds to one of the registered drivers stored in the driving information storage unit 80 based on a face recognition result. Further, the noted action determination unit 84 determines whether the driver is performing a noted action, such as looking aside, based on the face recognition result…The driver assistance function determination unit 74 determines whether to execute the driver assistance function with respect to the information provision control unit 75 and the intervention operation control unit 76 based on object information (the attributes and the distance from the host vehicle) around the host vehicle from the distance measurement unit 73), wherein the starting profile specifies a starting status for each of the one or more safety functions of the set of safety functions (Sadakuni: [0006], [0036]-[0039], [0100]-[0102], [0119]-[0120], and FIG. 8-11: setting items for pre-crash safety include function on-off, the presence or absence of the notification, a buzzer volume, a detection sensitivity, and on-off of the personalization function. For example, among these setting items, the presence or absence of the notification and the buzzer volume are exemplified as the information provision type setting items. Further, the detection sensitivity is exemplified as the intervention operation type setting item because the timing at which the intervention operation command is transmitted from the ADAS-ECU 70 is changed);
to determine that, for at least one safety function of the set of safety functions, the starting status deviates from the user status (Sadakuni: [0008], [0040], [0111], [0114]-[0134], and FIG. 12: A value different from the manual set value can become the current set value by enabling the personalization function. As will be described later, the manual set values are referenced when the recommended values obtained by the personalization function are sorted into the approval type and the automatic change type); and
in reaction to a determination that the starting status deviates from the user status (Sadakuni: [0008], [0040], [0111], [0114]-[0134], and FIG. 12: The personalization setting unit 81 personalizes various driver assistance functions based on the recommended values of the driver assistance functions transmitted from the OTA center server 150. As described above, personalization is a proposal for setting changes from the driver assistance system side, and is different from customization in which the driver sets preferences), to cause a message to be output to the user of the vehicle indicating that the at least one safety function has started deviating from the user profile according to the starting profile (Sadakuni: [0008], [0040], [0111], [0114]-[0134], [0142]-[0146], and FIG. 13-16: Then, when the vehicle 100 is stopped while waiting for a signal or the like, the display control unit 92 displays an approval screen as exemplified in FIG. 15 on the center display 40. Images of an OK button 240 and a detail button 242 are displayed on the approval screen….The OK button 240 is a button for permitting the change to the approval type recommended values all at once. Note that the change to the recommended value is limited to the current trip, and the manual set values are set on the next trip),
wherein the device is configured, for each safety function of the set of safety functions,
to check whether the user status of the safety function from the user profile goes beyond the required minimum status from the norm or not (Sadakuni: [0040], [0014]-[0018], and FIG. 9-11: the recommended value calculation unit 152 calculates a recommended value of the driver assistance function for each registered driver based on the driver related information including the driving history. For example, as the number of noted actions related to the braking operation and the number of times that the driver assistance function related to braking operation is activated increase, the detection sensitivity of the driver assistance function related to the braking operation (for example, pre-crash safety) has a higher value as the recommended value. The calculated recommended value is transmitted to the personalization setting unit 81 of the ADAS-ECU 70 via the OF-ECU 112 of the vehicle 100);
to use the user status as the starting status of the safety function for the starting profile in a case in which the user status goes beyond the required minimum status (Sadakuni: [0040], [0014]-[0018], and FIG. 9-11: the recommended value calculation unit 152 calculates a recommended value of the driver assistance function for each registered driver based on the driver related information including the driving history. For example, as the number of noted actions related to the braking operation and the number of times that the driver assistance function related to braking operation is activated increase, the detection sensitivity of the driver assistance function related to the braking operation (for example, pre-crash safety) has a higher value as the recommended value. The calculated recommended value is transmitted to the personalization setting unit 81 of the ADAS-ECU 70 via the OF-ECU 112 of the vehicle 100); and
to use the required minimum status as the starting status of the safety function for the starting profile in a case in which the user status does not go beyond the required minimum status (Sadakuni: [0007]-[0008], [0011], [0018], [0040], [0111], [0114]-[0134], [0146], and FIG. 12: A value different from the manual set value can become the current set value by enabling the personalization function. As will be described later, the manual set values are referenced when the recommended values obtained by the personalization function are sorted into the approval type and the automatic change type).
While Sadakuni discloses a vehicle system for providing different settings of a vehicle for a user to operate the vehicle (Sadakuni: [0008], [0040], [0111], [0114]-[0134], [0142]-[0146], and FIG. 13-16), Sadakuni does not explicitly disclose wherein the starting status provides a safest possible operation of the vehicle;
wherein the device is configured to determine the starting profile based on the user profile and a norm;
wherein the norm specifies, for each of the one or more safety functions of the set of safety functions, a required minimum status of the respective safety function when the vehicle is started;
wherein the required minimum status of a safety function specifies at least one of:
whether the safety function has to be activated when the vehicle is started; and
a required minimum functional scope, using which the safety function has to be operated when the vehicle is started.
However, it has been known in the art of vehicle control to implement wherein the starting status provides a safest possible operation of the vehicle, as suggested by Hall, which discloses wherein the starting status provides a safest possible operation of the vehicle (Hall: Abstract, [0021], [0056], and FIG. 1-2: Based on the weight detected by the weight determination system, the drive mode selected by the driver may be modified or altered in order to assure that the safest settings are used to operate the vehicle, thus allowing the driver to safely pull the trailer. In certain embodiments, the system may alert the driver to these changes in drive mode settings, and that a custom drive mode has been developed and implemented).
Therefore, in view of teachings by Sadakuni and Hall, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the driver assistance system for the vehicle of Sadakuni to include wherein the starting status provides a safest possible operation of the vehicle, as suggested by Hall. The motivation for this is to provide a safest possible drive mode for a user to enhance the user’s safety while operating a vehicle.
The combination of Sadakuni and Hall does not explicitly disclose wherein the device is configured to determine the starting profile based on the user profile and a norm;
wherein the norm specifies, for each of the one or more safety functions of the set of safety functions, a required minimum status of the respective safety function when the vehicle is started;
wherein the required minimum status of a safety function specifies at least one of:
whether the safety function has to be activated when the vehicle is started; and
a required minimum functional scope, using which the safety function has to be operated when the vehicle is started.
However, Sadakuni discloses a driver assistance system for a vehicle to allow driver to register with the system to manually change different value for each of safety functions from initial value (Sadakuni: [0109]-[0111], [0121]-[0122], FIG. 8-9, and FIG. 12: In FIG. 8, initial values of the setting items are indicated by hatching (“norm”). At the time of new registration, the driver can set the set values of the setting items to arbitrary values. In particular, at the time of new registration, the driver can set whether to use the personalization function for each driver assistance function, whereby the driver can select between the driver assistance function for which personalization is desired and the driver assistance function for which personalization is not desired) wherein upon recognizing a driver, the system performs settings of the safety functions corresponding to the recognized driver (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed) and wherein a number of operations for each of the safety functions, comprising requirements for triggering the corresponding safety function, is counted up to determine recommended value for each of the safety functions (Sadakuni: [0081]-[0088], [0095]-[0098], and FIG. 9-16: when the distance to the pedestrian further decreases and the vehicle 100 approaches the pedestrian in a predetermined second threshold distance, the driver assistance function determination unit 74 outputs the intervention operation command to the intervention operation control unit 76. In response to the above, the intervention operation control unit 76 operates the brake actuator 15 via the powertrain-chassis ECU 18 to decelerate the vehicle 100, and also operates the steering actuator 14 such that the vehicle 100 moves close to the side opposite to the pedestrian in the lane in which the vehicle 100 is traveling), and wherein the recommended value is calculated based on a diagnostic result, from history driving information, evaluated by score based on the history driving information (Sadakuni: [0117]-[0118], [0132], and FIG. 8-16: the driving ability is evaluated by score based on the number of noted actions and the number of times the driver assistance function is executed. For example, the driving diagnostic unit 151 obtains deduction points for the item of handling based on the number of times of sharp steering and the number of times that lane tracing assist is activated).
Therefore, in view of teachings by Sadakuni and Hall, it would have been obvious to one of the ordinary skill in the art before effective filing date of the claimed invention to implement in the driver assistance system for the vehicle of Sadakuni and Hall to include wherein the device is configured to determine the starting profile based on the user profile and a norm; wherein the norm specifies, for each of the one or more safety functions of the set of safety functions (Sadakuni: [0109]-[0111], [0121]-[0122], FIG. 8-9, and FIG. 12: In FIG. 8, initial values of the setting items are indicated by hatching (“norm”). At the time of new registration, the driver can set the set values of the setting items to arbitrary values. In particular, at the time of new registration, the driver can set whether to use the personalization function for each driver assistance function, whereby the driver can select between the driver assistance function for which personalization is desired and the driver assistance function for which personalization is not desired), a required minimum status of the respective safety function when the vehicle is started (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed); and
wherein the required minimum status of a safety function specifies at least one of:
whether the safety function has to be activated when the vehicle is started (Sadakuni: [0037]-[0039], [0108]-[0110], and FIG. 8); and
a required minimum functional scope, using which the safety function has to be operated when the vehicle is started (Sadakuni: [0081]-[0088], [0095]-[0098], and FIG. 9-16: when the distance to the pedestrian further decreases and the vehicle 100 approaches the pedestrian in a predetermined second threshold distance, the driver assistance function determination unit 74 outputs the intervention operation command to the intervention operation control unit 76. In response to the above, the intervention operation control unit 76 operates the brake actuator 15 via the powertrain-chassis ECU 18 to decelerate the vehicle 100, and also operates the steering actuator 14 such that the vehicle 100 moves close to the side opposite to the pedestrian in the lane in which the vehicle 100 is traveling), as suggested by Sadakuni as desired. The motivation for this is to activate one or more safety functions of a driver assistance system upon matching requirements of the one or more safety functions.
As to claim 2, Sadakuni and Hall disclose the limitations of claim 1 further comprising the device according to claim 1, wherein the device is configured, in reaction to a user input following the output of the message, to cause the set of safety functions to be operated according to the user profile (Sadakuni: Abstract, [0008]-[0010], [0041]-[0042], [0111], [0114], [0118]-[0134], and FIG. 13-16: The vehicle 100 that has received the recommended values sorts the recommended values into an automatic change type (S30) and an approval type (S32) based on an approval necessity determination flow (see FIG. 12). The recommended values sorted into the automatic change type are set as set values for the driver assistance function with the approval of the driver omitted. On the other hand, the recommended values sorted into the approval type are set as set values for the driver assistance function after the approval of the driver as shown in FIGS. 15 and 16).
As to claim 3, Sadakuni and Hall disclose the limitations of claim 1 further comprising the device according to claim 1, wherein for multiple safety functions from the set of safety functions, the starting status deviates from the user status (Sadakuni: Abstract, [0008]-[0010], [0041]-[0042], [0111], [0114], [0118]-[0134], and FIG. 13-16: The vehicle 100 that has received the recommended values sorts the recommended values into an automatic change type (S30) and an approval type (S32) based on an approval necessity determination flow (see FIG. 12). The recommended values sorted into the automatic change type are set as set values for the driver assistance function with the approval of the driver omitted. On the other hand, the recommended values sorted into the approval type are set as set values for the driver assistance function after the approval of the driver as shown in FIGS. 15 and 16); and
the device is configured to enable the user to operate the multiple safety functions according to the user status by a single user input following the output of the message (Sadakuni: [0140]-[0145] and FIG. 13-15: The OK button 240 is a button for permitting the change to the approval type recommended values all at once. Note that the change to the recommended value is limited to the current trip, and the manual set values are set on the next trip).
As to claim 4, Sadakuni and Hall disclose the limitations of claim 1 further comprising the device according to claim 1, wherein the user profile is determined based on one or more user inputs of the user during the operation of the vehicle; and the one or more user inputs are directed to changing the status of at least one safety function (Sadakuni: [0008], [0040], [0111], [0114]-[0134], [0142]-[0146], and FIG. 13-16: Then, when the vehicle 100 is stopped while waiting for a signal or the like, the display control unit 92 displays an approval screen as exemplified in FIG. 15 on the center display 40. Images of an OK button 240 and a detail button 242 are displayed on the approval screen….The OK button 240 is a button for permitting the change to the approval type recommended values all at once. Note that the change to the recommended value is limited to the current trip, and the manual set values are set on the next trip).
As to claim 5, Sadakuni and Hall disclose the limitations of claim 1 further comprising the device according to claim 1, wherein the starting status(Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed) and/or the user status and/or a base status of a safety function specifies (Sadakuni: [0040], [0014]-[0018], and FIG. 9-11: the recommended value calculation unit 152 calculates a recommended value of the driver assistance function for each registered driver based on the driver related information including the driving history. For example, as the number of noted actions related to the braking operation and the number of times that the driver assistance function related to braking operation is activated increase, the detection sensitivity of the driver assistance function related to the braking operation (for example, pre-crash safety) has a higher value as the recommended value. The calculated recommended value is transmitted to the personalization setting unit 81 of the ADAS-ECU 70 via the OF-ECU 112 of the vehicle 100);
whether the safety function is activated or deactivated (Sadakuni: [0006], [0036]-[0039], [0100]-[0102], [0119]-[0120], and FIG. 8-11: setting items for pre-crash safety include function on-off, the presence or absence of the notification, a buzzer volume, a detection sensitivity, and on-off of the personalization function. For example, among these setting items, the presence or absence of the notification and the buzzer volume are exemplified as the information provision type setting items. Further, the detection sensitivity is exemplified as the intervention operation type setting item because the timing at which the intervention operation command is transmitted from the ADAS-ECU 70 is changed); and/or
a functional scope, using which the safety function is operated (Sadakuni: [0008], [0040], [0111], [0114]-[0134], [0142]-[0146], and FIG. 13-16: Then, when the vehicle 100 is stopped while waiting for a signal or the like, the display control unit 92 displays an approval screen as exemplified in FIG. 15 on the center display 40. Images of an OK button 240 and a detail button 242 are displayed on the approval screen….The OK button 240 is a button for permitting the change to the approval type recommended values all at once. Note that the change to the recommended value is limited to the current trip, and the manual set values are set on the next trip).
As to claim 9, Sadakuni and Hall disclose the limitations of claim 1 further comprising the device according to claim 1, wherein the device is configured, when the vehicle is started, when the vehicle is put into operation for the first time, or after a reset to factory settings, to activate the set of safety functions according to a base profile (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: the vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed);
wherein the base profile specifies a base status for each of the one or more safety functions of the set of safety functions (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed); and
the base status of the individual safety functions corresponds to or exceeds a respective starting status (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed).
As to claim 10, Sadakuni discloses a method for operating a set of safety functions of a vehicle, the method comprising:
determining, during a journey of the vehicle (Sadakuni: [0017], [0054], [0082], [0087], [0101]-[0102], [0106], and FIG. 8-11: the set value corresponding to the driver can be called as long as the face image is recognized), a user profile, wherein the user profile specifies a user status for each of the one or more safety functions of the set of safety functions (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed);
activating, when the vehicle is started, the set of safety functions according to a starting profile (Sadakuni: [0006], [0036]-[0039], [0082]-[0083], [0100]-[0102], [0111], [0119]-[0120], and FIG. 8-11: The interior image recognition unit 72 recognizes the face of the driver from the image captured by the interior camera 51 using the image recognition algorithm described above. The personalization setting unit 81 determines whether the driver corresponds to one of the registered drivers stored in the driving information storage unit 80 based on a face recognition result. Further, the noted action determination unit 84 determines whether the driver is performing a noted action, such as looking aside, based on the face recognition result…The driver assistance function determination unit 74 determines whether to execute the driver assistance function with respect to the information provision control unit 75 and the intervention operation control unit 76 based on object information (the attributes and the distance from the host vehicle) around the host vehicle from the distance measurement unit 73), wherein the starting profile specifies a starting status for each of the one or more safety functions of the set of safety functions (Sadakuni: [0006], [0036]-[0039], [0100]-[0102], [0119]-[0120], and FIG. 8-11: setting items for pre-crash safety include function on-off, the presence or absence of the notification, a buzzer volume, a detection sensitivity, and on-off of the personalization function. For example, among these setting items, the presence or absence of the notification and the buzzer volume are exemplified as the information provision type setting items. Further, the detection sensitivity is exemplified as the intervention operation type setting item because the timing at which the intervention operation command is transmitted from the ADAS-ECU 70 is changed)
determining, that for at least one safety function of the set of safety functions, the starting status deviates from the user status (Sadakuni: [0008], [0040], [0111], [0114]-[0134], and FIG. 12: A value different from the manual set value can become the current set value by enabling the personalization function. As will be described later, the manual set values are referenced when the recommended values obtained by the personalization function are sorted into the approval type and the automatic change type); and
in reaction to a determination that the starting status deviates from the user status (Sadakuni: [0008], [0040], [0111], [0114]-[0134], and FIG. 12: The personalization setting unit 81 personalizes various driver assistance functions based on the recommended values of the driver assistance functions transmitted from the OTA center server 150. As described above, personalization is a proposal for setting changes from the driver assistance system side, and is different from customization in which the driver sets preferences), causing a message to be output to the user of the vehicle indicating that the at least one safety function was started, deviating from the user profile, according to the starting profile (Sadakuni: [0008], [0040], [0111], [0114]-[0134], [0142]-[0146], and FIG. 13-16: Then, when the vehicle 100 is stopped while waiting for a signal or the like, the display control unit 92 displays an approval screen as exemplified in FIG. 15 on the center display 40. Images of an OK button 240 and a detail button 242 are displayed on the approval screen….The OK button 240 is a button for permitting the change to the approval type recommended values all at once. Note that the change to the recommended value is limited to the current trip, and the manual set values are set on the next trip);
wherein, for each safety function of the set of safety functions,
a determination is made whether the user status of the safety function from the user profile goes beyond the required minimum status from the norm or not (Sadakuni: [0040], [0014]-[0018], and FIG. 9-11: the recommended value calculation unit 152 calculates a recommended value of the driver assistance function for each registered driver based on the driver related information including the driving history. For example, as the number of noted actions related to the braking operation and the number of times that the driver assistance function related to braking operation is activated increase, the detection sensitivity of the driver assistance function related to the braking operation (for example, pre-crash safety) has a higher value as the recommended value. The calculated recommended value is transmitted to the personalization setting unit 81 of the ADAS-ECU 70 via the OF-ECU 112 of the vehicle 100);
the user status is used as the starting status of the safety function for the starting profile in a case in which the user status goes beyond the required minimum status (Sadakuni: [0040], [0014]-[0018], and FIG. 9-11: the recommended value calculation unit 152 calculates a recommended value of the driver assistance function for each registered driver based on the driver related information including the driving history. For example, as the number of noted actions related to the braking operation and the number of times that the driver assistance function related to braking operation is activated increase, the detection sensitivity of the driver assistance function related to the braking operation (for example, pre-crash safety) has a higher value as the recommended value. The calculated recommended value is transmitted to the personalization setting unit 81 of the ADAS-ECU 70 via the OF-ECU 112 of the vehicle 100); and
the required minimum status is used as the starting status of the safety function for the starting profile in a case in which the user status does not go beyond the required minimum status (Sadakuni: [0007]-[0008], [0011], [0018], [0040], [0111], [0114]-[0134], [0146], and FIG. 12: A value different from the manual set value can become the current set value by enabling the personalization function. As will be described later, the manual set values are referenced when the recommended values obtained by the personalization function are sorted into the approval type and the automatic change type).
While Sadakuni discloses a vehicle system for providing different settings of a vehicle for a user to operate the vehicle (Sadakuni: [0008], [0040], [0111], [0114]-[0134], [0142]-[0146], and FIG. 13-16), Sadakuni does not explicitly disclose wherein the starting status provides a safest possible operation of the vehicle;
wherein the starting profile is determined based on the user profile and a norm;
wherein the norm specifies, for each of the one or more safety functions of the set of safety functions, a required minimum status of the respective safety function when the vehicle is started;
wherein the required minimum status of a safety function specifies at least one of:
whether the safety function has to be activated when the vehicle is started; and
a required minimum functional scope, using which the safety function has to be operated when the vehicle is started.
However, it has been known in the art of vehicle control to implement wherein the starting status provides a safest possible operation of the vehicle, as suggested by Hall, which discloses wherein the starting status provides a safest possible operation of the vehicle (Hall: Abstract, [0021], [0056], and FIG. 1-2: Based on the weight detected by the weight determination system, the drive mode selected by the driver may be modified or altered in order to assure that the safest settings are used to operate the vehicle, thus allowing the driver to safely pull the trailer. In certain embodiments, the system may alert the driver to these changes in drive mode settings, and that a custom drive mode has been developed and implemented).
Therefore, in view of teachings by Sadakuni and Hall, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the driver assistance system for the vehicle of Sadakuni to include wherein the starting status provides a safest possible operation of the vehicle, as suggested by Hall. The motivation for this is to provide a safest possible drive mode for a user to enhance the user’s safety while operating a vehicle.
The combination of Sadakuni and Hall does not explicitly disclose wherein the starting profile is determined based on the user profile and a norm;
wherein the norm specifies, for each of the one or more safety functions of the set of safety functions, a required minimum status of the respective safety function when the vehicle is started;
wherein the required minimum status of a safety function specifies at least one of:
whether the safety function has to be activated when the vehicle is started; and
a required minimum functional scope, using which the safety function has to be operated when the vehicle is started
However, Sadakuni discloses a driver assistance system for a vehicle to allow driver to register with the system to manually change different value for each of safety functions from initial value (Sadakuni: [0109]-[0111], [0121]-[0122], FIG. 8-9, and FIG. 12: In FIG. 8, initial values of the setting items are indicated by hatching (“norm”). At the time of new registration, the driver can set the set values of the setting items to arbitrary values. In particular, at the time of new registration, the driver can set whether to use the personalization function for each driver assistance function, whereby the driver can select between the driver assistance function for which personalization is desired and the driver assistance function for which personalization is not desired) wherein upon recognizing a driver, the system performs settings of the safety functions corresponding to the recognized driver (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed) and wherein a number of operations for each of the safety functions, comprising requirements for triggering the corresponding safety function, is counted up to determine recommended value for each of the safety functions (Sadakuni: [0081]-[0088], [0095]-[0098], and FIG. 9-16: when the distance to the pedestrian further decreases and the vehicle 100 approaches the pedestrian in a predetermined second threshold distance, the driver assistance function determination unit 74 outputs the intervention operation command to the intervention operation control unit 76. In response to the above, the intervention operation control unit 76 operates the brake actuator 15 via the powertrain-chassis ECU 18 to decelerate the vehicle 100, and also operates the steering actuator 14 such that the vehicle 100 moves close to the side opposite to the pedestrian in the lane in which the vehicle 100 is traveling), and wherein the recommended value is calculated based on a diagnostic result, from history driving information, evaluated by score based on the history driving information (Sadakuni: [0117]-[0118], [0132], and FIG. 8-16: the driving ability is evaluated by score based on the number of noted actions and the number of times the driver assistance function is executed. For example, the driving diagnostic unit 151 obtains deduction points for the item of handling based on the number of times of sharp steering and the number of times that lane tracing assist is activated).
Therefore, in view of teachings by Sadakuni and Hall, it would have been obvious to one of the ordinary skill in the art before effective filing date of the claimed invention to implement in the driver assistance system for the vehicle of Sadakuni and Hall to include wherein the starting profile is determined based on the user profile and a norm; wherein the norm specifies, for each of the one or more safety functions of the set of safety functions (Sadakuni: [0109]-[0111], [0121]-[0122], FIG. 8-9, and FIG. 12: In FIG. 8, initial values of the setting items are indicated by hatching (“norm”). At the time of new registration, the driver can set the set values of the setting items to arbitrary values. In particular, at the time of new registration, the driver can set whether to use the personalization function for each driver assistance function, whereby the driver can select between the driver assistance function for which personalization is desired and the driver assistance function for which personalization is not desired), a required minimum status of the respective safety function when the vehicle is started (Sadakuni: [0011], [0018], [0087], [0089], [0096], [0100], [0102], [0116]-[0118], and FIG. 8-11: he vehicle 100 can set various settings of the driver assistance function for each driver. For this setting, driver information is registered in an ADAS-ECU (see FIG. 6). When the driver information is newly registered, setting of the driver assistance function is performed); and
wherein the required minimum status of a safety function specifies at least one of:
whether the safety function has to be activated when the vehicle is started (Sadakuni: [0037]-[0039], [0108]-[0110], and FIG. 8); and
a required minimum functional scope, using which the safety function has to be operated when the vehicle is started (Sadakuni: [0081]-[0088], [0095]-[0098], and FIG. 9-16: when the distance to the pedestrian further decreases and the vehicle 100 approaches the pedestrian in a predetermined second threshold distance, the driver assistance function determination unit 74 outputs the intervention operation command to the intervention operation control unit 76. In response to the above, the intervention operation control unit 76 operates the brake actuator 15 via the powertrain-chassis ECU 18 to decelerate the vehicle 100, and also operates the steering actuator 14 such that the vehicle 100 moves close to the side opposite to the pedestrian in the lane in which the vehicle 100 is traveling), as suggested by Sadakuni as desired. The motivation for this is to activate one or more safety functions of a driver assistance system upon matching requirements of the one or more safety functions.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sadakuni et al. (US 2024/0025432 A1) in view of Hall et al. (Hall – US 2019/0152468 A1) and further in view of Taniguchi (Taniguchi – US 2024/0262351 A1).
As to claim 6, Sadakuni and Hall disclose the limitations of claim 1 further comprising the device according to claim 1, wherein the set of safety functions comprises at least one of: an emergency braking function, which is configured to cause automated emergency braking of the vehicle ([0045], [0047]-[0049], [0090]-[0096], and FIG. 9-11: In other words, even when the driver depresses the brake pedal 22 rapidly, such braking may not result in sudden braking in terms of the vehicle behavior. As described above, there is a case where, when the driver assistance function intervenes on the operation line from the input as the operation amount to the output as the vehicle operation, the output and the input are out of balance. In other words, the vehicle 100 outputs acceleration, turning attitude, and braking amount that do not correspond to the operation amounts of the accelerator pedal 21, the steering wheel 20, and the brake pedal 22, by executing the driver assistance function); except for the claimed limitations of
a lane keeping function, which is configured to keep the vehicle within a currently traveled lane in an automated manner; and
a lane change warning function, which is configured to cause output of a warning message upon departure from a currently traveled lane of the vehicle.
However, it has been known in the art of autonomous vehicle to implement wherein the set of safety functions comprises at least one of: a lane keeping function, which is configured to keep the vehicle within a currently traveled lane in an automated manner; and
a lane change warning function, which is configured to cause output of a warning message upon departure from a currently traveled lane of the vehicle, as suggested by Taniguchi, which discloses wherein the set of safety functions comprises at least one of: a lane keeping function, which is configured to keep the vehicle within a currently traveled lane in an automated manner (Taniguchi: Abstract, [0026], [0036]-[0039], and FIG. 1: he lane-keeping function is a function to assist steering of the passenger by controlling the steering actuator in such a way that, for example, the vehicle 1 travels along substantially the center of a lane); and
a lane change warning function, which is configured to cause output of a warning message upon departure from a currently traveled lane of the vehicle (Taniguchi: Abstract, [0026], [0041]-[0042], and FIG. 1: The lane change assistance function starts the lane change operation when the lane change start condition is satisfied. The lane change operation causes the vehicle 1 to laterally move to an adjacent lane and, when the movement to the adjacent lane is finished, turns off the turn signal and starts performance of the lane-keeping function in the adjacent lane).
Therefore, in view of teachings by Sadakuni, Hall and Taniguchi, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the driver assistance system for the vehicle of Sadakuni and Hall to include wherein the set of safety functions comprises at least one of: a lane keeping function, which is configured to keep the vehicle within a currently traveled lane in an automated manner; and a lane change warning function, which is configured to cause output of a warning message upon departure from a currently traveled lane of the vehicle, as suggested by Taniguchi. The motivation for this is to implement known alternative vehicle assistance functions of lane change and/or lane keeping of a vehicle by autonomous travel control.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Naujoks et al., US 2025/0229793 A1, discloses method and device for controlling the availability of a driver assistance function.
Wang et al., US 2025/0187569 A1, discloses braking support control device.
Aggarwal et al., US 2025/0171029 A1, discloses a smart system for determining driving behavior of driver.
Sadakuni et al., US 2024/0025437 A1, discloses driver assistance system for vehicle.
Shiraishi et al. US 2017/0334450 A1, discloses user profile-based automatic parameter tuning system for connected vehicles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG PHAM whose telephone number is (571)-270-3668. The examiner can normally be reached 09:00 AM - 05:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, QUAN-ZHEN WANG can be reached at (571)-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUANG PHAM/Primary Examiner, Art Unit 2685
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