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 .
Claims 3-4 have been canceled.
Claim(s) 1-2 and 5-6 are pending for examination.
This Action is made NON-FINAL.
Previous Claim Rejections - 35 USC § 112
Claim(s) 2-4 was previously rejected under 35 U.S.C. 112(b). In response to Applicant's amendment, the 35 U.S.C. 112(b) rejection(s) of claim(s) 2 has been withdrawn.
Response to Arguments
Applicant's arguments with respect to the previous rejection of claims 1-6 under 35 U.S.C. 103 have been considered but are not persuasive. Applicant argues:
“Applicant respectfully submits that Kuenzner in view of Ginsberg fails to teach or reasonably suggest the features of amended independent claims 1, 5 and 6. In particular, Kuenzner in view of Ginsberg fails to teach or reasonably suggest the features regarding "the electronic control unit displays the third image and the fourth image on the display unit of the vehicle so that the third image is disposed on one side of the first image and the fourth image is disposed on the other side of the first image, with the first image interposed therebetween", as recited in amended independent claim 1, and similarly recited in amended independent claims 5 and 6.”
While Kuenzner may not teach all of the limitation Ginsberg teaches “the electronic control unit displays the third image and the fourth image on the display unit of the vehicle so that the third image is disposed on one side of the first image and the fourth image is disposed on the other side of the first image, with the first image interposed therebetween” where it can be clearly seen in fig. 11 that speed ranges 1103 and 1102 sit on either side of the speed marking band.
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.
Claim(s) 1-2 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kuenzner (US 20210237762 A1) in view of Ginsberg et al. (US 20180075739 A1, hereinafter known as Ginsberg).
Kuenzner and Ginsberg were cited in a previous office action.
Regarding claim 1, Kuenzner teaches A vehicle speed display device provided in a vehicle capable of executing vehicle control, the vehicle speed display device comprising an electronic control unit configured to:
{Para [0073] “Also provided in the instrument panel is a tachometer display 6 that serves to display the current vehicle speed, the set speed and the speed limits of the automated driving functions HAF and TAF.”
}
generate a first image indicating a vehicle speed of the vehicle and a display range of the vehicle speed;
{ Para [0073] “Also provided in the instrument panel is a tachometer display 6 that serves to display the current vehicle speed, the set speed and the speed limits of the automated driving functions HAF and TAF.”
Fig. 2a and Para [0074] “One example of a tachometer display 6 is illustrated in FIG. 2a. The tachometer display 6 comprises a tachometer scale 9 with a scale division and numerical scale numbering. Also present is a read-off marker 10 for marking the current vehicle speed v.sub.akt. The tachometer scale marks the range 11 (here: from 60 km/h to 130 km/h) for the driving speed (the range is marked in dark in the Figure) in which the activation of the driving function HAF is possible. By way of example, this range may be marked in a color, for example, blue, associated with the driving function HAF. The upper limit v.sub.HAF,max (here: 130 km/h) of the range 11 results from technical reasons in the current driving situation. The upper limit v.sub.HAF,max is variable and is, in the presence of a legal maximum speed on the current road section, preferably reduced to this maximum speed when this falls below the speed resulting from technical reasons. The lower limit v.sub.HAF,min (here: 60 km/h) must not be fallen below on the freeway for legal reasons. This limit v.sub.HAF,min is preferably variable and depends for example, on the road class.”
Para [0038] “The driving system is configured to perform various activities that are described below. This typically takes place by way of an electronic control unit, which may also be distributed over a plurality of controllers. The electronic control unit may comprise one or more computers having one or more processors coupled to memory that operates in the manner according to the present subject matter by executing software instructions stored in the memory.”
}
generate a second image indicating a plurality of
{Fig. 2a and Para [0074] “One example of a tachometer display 6 is illustrated in FIG. 2a. The tachometer display 6 comprises a tachometer scale 9 with a scale division and numerical scale numbering. Also present is a read-off marker 10 for marking the current vehicle speed v.sub.akt. The tachometer scale marks the range 11 (here: from 60 km/h to 130 km/h) for the driving speed (the range is marked in dark in the Figure) in which the activation of the driving function HAF is possible. By way of example, this range may be marked in a color, for example, blue, associated with the driving function HAF. The upper limit v.sub.HAF,max (here: 130 km/h) of the range 11 results from technical reasons in the current driving situation. The upper limit v.sub.HAF,max is variable and is, in the presence of a legal maximum speed on the current road section, preferably reduced to this maximum speed when this falls below the speed resulting from technical reasons. The lower limit v.sub.HAF,min (here: 60 km/h) must not be fallen below on the freeway for legal reasons. This limit v.sub.HAF,min is preferably variable and depends for example, on the road class.”
Para [0075] “Also marked on the tachometer scale 9 is the speed range 12 in which the driving function TAF can be activated. The range 12 comprises the range 11 for the driving function HAF and a speed range adjoining it from above and from below (each marked brighter than the range 11 marked in dark in FIG. 2a), wherein the adjacent speed ranges in reality are marked in a different color (in comparison with the speed range 11) (for example, green) associated with the TAF driving function.”
Para [0038] “The driving system is configured to perform various activities that are described below. This typically takes place by way of an electronic control unit, which may also be distributed over a plurality of controllers. The electronic control unit may comprise one or more computers having one or more processors coupled to memory that operates in the manner according to the present subject matter by executing software instructions stored in the memory.”
}
and display the first image and the second image on a display unit of the vehicle so that the second image is disposed along the first image
{ fig. 2a and Para [0073] “Also provided in the instrument panel is a tachometer display 6 that serves to display the current vehicle speed, the set speed and the speed limits of the automated driving functions HAF and TAF.”
}
wherein: the vehicle control includes one or more functional elements, the functional elements being functions that form elements constituting autonomous driving control;
{Para [0069] “FIG. 1 schematically illustrates components of one example embodiment of a user interface for an example driving system according to the present subject matter. The driving system according to the present subject matter comprises (with decreasing degree of automation) a driving function for highly automated driving (HAF) with automated longitudinal and transverse guidance (in particular in the form of a freeway autopilot for use on a freeway), a driving function (TAF) for partly automated driving with automated longitudinal and transverse guidance and a driving function (ACC) for assisted driving with only automated longitudinal guidance in the form of adaptive cruise control. A driving function for assisted driving with only automated transverse guidance could also optionally be provided.”
}
the second image includes a third image indicating one or more of the vehicle speed ranges in which a predetermined functional element is enabled during execution of the autonomous driving control, and a fourth image indicating one or more of the vehicle speed ranges in which a steering-non-holding state or a surroundings-non-checking state of a driver of the vehicle is allowed during execution of the autonomous driving control;
{Fig. 2as where labels 12 and 11 are two separate speed ranges.
Para [0002] “In the case of highly automated driving (HAF), the system takes over the longitudinal and transverse guidance for a certain duration without the driver having to continuously monitor the system; the driver must however be capable of taking over vehicle guidance within a certain time of taking over vehicle guidance.”
Para [0020] “The first driving function (for example, HAF) is activated by the system after the driving parameter meets the first criterion with respect to the first permissibility range, for example, after the driving parameter reaches the first permissibility range, in response to the first permissibility range being reached.”
Para [0021] “It is advantageous if no further control operation from the driver is necessary in order to activate the first driving function after the setpoint specification for the driving parameter has been input; it would however be conceivable for the driver to have to confirm the activation of the first driving function through a control operation before said first driving function is activated, for example, by actuating a control element or by letting go of a steering wheel (which preferably comprises a hands-on sensor system).”
Thus HAF can be considered “a steering-non-holding state or a surroundings-non-checking state of a driver of the vehicle is allowed during execution of the autonomous driving control”
Para [0074] “The tachometer scale marks the range 11 (here: from 60 km/h to 130 km/h) for the driving speed (the range is marked in dark in the Figure) in which the activation of the driving function HAF is possible.”
Para [0075] “Also marked on the tachometer scale 9 is the speed range 12 in which the driving function TAF can be activated. The range 12 comprises the range 11 for the driving function HAF and a speed range adjoining it from above and from below (each marked brighter than the range 11 marked in dark in FIG. 2a), wherein the adjacent speed ranges in reality are marked in a different color (in comparison with the speed range 11) (for example, green) associated with the TAF driving function.”
}
Kuenzner does not teach, a plurality of adjacent vehicle speed ranges
However, Ginsberg teaches a plurality of adjacent vehicle speed ranges
and
and the electronic control unit displays the third image and the fourth image on the display unit of the vehicle so that the third image is disposed on one side of the first image and the fourth image is disposed on the other side of the first image, with the first image interposed therebetween.
{fig. 11 and Para [0111] “In another embodiment, user device 110 provides access to a speed display 1100 FIG. 11 that contains a speedometer 1101 with concentric arcs, each individual arc indicating the range of speed required to pass through a given number of consecutive traffic signals. The innermost arc 1102 represents the speed range required to pass through the first traffic signal in the vehicle's path. Each subsequent arc represents the speed range required to pass through each subsequent traffic signal in the vehicle's path in addition to all previous consecutive traffic signals along the path. For example, the outer speed recommendation indicator 1103 is the second arc depicted, and thus represents the speed range required to pass through both the first and the second traffic signals in the vehicle's path. In typical applications, only the upcoming two traffic signals would be of interest, but if an application should call for it, additional subsequent signals could similarly be taken into account. In such case, the n.sup.th speed recommendation indicator would represent the speed range required to pass through n consecutive traffic signals along the vehicle's path without stopping. Such a display 1100 allows a driver to know how best to get into a so-called “green wave,” i.e., a speed that is essentially synchronized with the timing pattern of upcoming traffic signals.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kuenzner to incorporate the teachings of Ginsberg to have adjacent (stacked) speed ranges because it allows the individual speed ranges in relation to vehicle speed to be visually identified by the driver more easily as discussed in Ginsberg Para [0111] “In another embodiment, user device 110 provides access to a speed display 1100 FIG. 11 that contains a speedometer 1101 with concentric arcs, each individual arc indicating the range of speed required to pass through a given number of consecutive traffic signals. The innermost arc 1102 represents the speed range required to pass through the first traffic signal in the vehicle's path. Each subsequent arc represents the speed range required to pass through each subsequent traffic signal in the vehicle's path in addition to all previous consecutive traffic signals along the path. For example, the outer speed recommendation indicator 1103 is the second arc depicted, and thus represents the speed range required to pass through both the first and the second traffic signals in the vehicle's path. In typical applications, only the upcoming two traffic signals would be of interest, but if an application should call for it, additional subsequent signals could similarly be taken into account. In such case, the n.sup.th speed recommendation indicator would represent the speed range required to pass through n consecutive traffic signals along the vehicle's path without stopping. Such a display 1100 allows a driver to know how best to get into a so-called “green wave,” i.e., a speed that is essentially synchronized with the timing pattern of upcoming traffic signals.”
Regarding claim 2, Kuenzner in view of Ginsberg teaches The vehicle speed display device according to claim 1. Kuenzner further teaches wherein the electronic control unis is further configured to: acquire a surroundings situation of the vehicle, wherein
{Para [0017] “The driving system is configured to perform various activities that are described below. This typically takes place by way of an electronic control unit, which may also be distributed over a plurality of controllers. The electronic control unit may comprise one or more computers having one or more processors coupled to memory that operates in the manner according to the present subject matter by executing software instructions stored in the memory.”
Para [0007] “the activation of highly automated driving is normally limited to a specific speed range for the current driving speed. This is due for example, to technical restrictions (for example, a limit of up to 60 km/h in the case of an HAF driving function for the essential application case of congestion or a limit of up to 130 km/h in the case of a freeway autopilot) or legal speed limits (for example, a permitted maximum speed on a specific road section) or environmental restrictions such as poor vision. The activation of driving functions for assisted or partly automated driving is often also limited to a specific speed range for the current vehicle speed, for example, ACC may not be activated at a vehicle speed greater than 210 km/h.”
Para [0074] “One example of a tachometer display 6 is illustrated in FIG. 2a. The tachometer display 6 comprises a tachometer scale 9 with a scale division and numerical scale numbering. Also present is a read-off marker 10 for marking the current vehicle speed v.sub.akt. The tachometer scale marks the range 11 (here: from 60 km/h to 130 km/h) for the driving speed (the range is marked in dark in the Figure) in which the activation of the driving function HAF is possible. By way of example, this range may be marked in a color, for example, blue, associated with the driving function HAF. The upper limit v.sub.HAF,max (here: 130 km/h) of the range 11 results from technical reasons in the current driving situation. The upper limit v.sub.HAF,max is variable and is, in the presence of a legal maximum speed on the current road section, preferably reduced to this maximum speed when this falls below the speed resulting from technical reasons. The lower limit v.sub.HAF,min (here: 60 km/h) must not be fallen below on the freeway for legal reasons. This limit v.sub.HAF,min is preferably variable and depends for example, on the road class.”
Thus at the least the vehicle system is aware of what type road it is on. Additionally as an autonomous vehicle environmental sensing is implied.
}
the vehicle control includes one or more functional elements, the functional elements being functions that form elements constituting autonomous driving control,
{Para [0069] “FIG. 1 schematically illustrates components of one example embodiment of a user interface for an example driving system according to the present subject matter. The driving system according to the present subject matter comprises (with decreasing degree of automation) a driving function for highly automated driving (HAF) with automated longitudinal and transverse guidance (in particular in the form of a freeway autopilot for use on a freeway), a driving function (TAF) for partly automated driving with automated longitudinal and transverse guidance and a driving function (ACC) for assisted driving with only automated longitudinal guidance in the form of adaptive cruise control. A driving function for assisted driving with only automated transverse guidance could also optionally be provided.”
}
one or more of the vehicle speed ranges change depending on the surroundings situation, and
the electronic control unit generates the second image by changing one or more of the vehicle speed ranges for the same functional element depending on the surroundings situation, based on the surroundings situation and one or more of the vehicle speed conditions.
{Para [0074] “One example of a tachometer display 6 is illustrated in FIG. 2a. The tachometer display 6 comprises a tachometer scale 9 with a scale division and numerical scale numbering. Also present is a read-off marker 10 for marking the current vehicle speed v.sub.akt. The tachometer scale marks the range 11 (here: from 60 km/h to 130 km/h) for the driving speed (the range is marked in dark in the Figure) in which the activation of the driving function HAF is possible. By way of example, this range may be marked in a color, for example, blue, associated with the driving function HAF. The upper limit v.sub.HAF,max (here: 130 km/h) of the range 11 results from technical reasons in the current driving situation. The upper limit v.sub.HAF,max is variable and is, in the presence of a legal maximum speed on the current road section, preferably reduced to this maximum speed when this falls below the speed resulting from technical reasons. The lower limit v.sub.HAF,min (here: 60 km/h) must not be fallen below on the freeway for legal reasons. This limit v.sub.HAF,min is preferably variable and depends for example, on the road class.”
}
Regarding claim 5, it recites A vehicle speed display method having limitations similar to those of claim 1 and therefore is rejected on the same basis.
Regarding claim 6, it recites non-transitory storage medium that stores a vehicle speed display program having limitations similar to those of claim 1 and therefore is rejected on the same basis.
Additionally Kuenzner teaches A non-transitory storage medium that stores a vehicle speed display program for causing a computer to function as a vehicle speed display device provided in a vehicle capable of executing vehicle control, the vehicle speed display program causing the computer to…
{para [0017] “The driving system is configured to perform various activities that are described below. This typically takes place by way of an electronic control unit, which may also be distributed over a plurality of controllers. The electronic control unit may comprise one or more computers having one or more processors coupled to memory that operates in the manner according to the present subject matter by executing software instructions stored in the memory.”
}
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hirasago (US 20020133285 A1) teaches in para [0221] “With the state display apparatus of the vehicle traveling control system of the fourth embodiment, the vehicle traveling control system of the fourth embodiment comprises traveling controller 30 which executes a mode transition from the control standby mode to the high-speed range traveling control mode or the low-speed range traveling control mode when set switch SW.sub.S is pushed during a traveling condition in which the set condition is established. Further, the state display apparatus of the fourth embodiment comprises a high-speed range display section 1-96H for displaying a speed range of the high speed range traveling control along the scale of the speedometer 2-2 and a low-speed range display section 1-96L for displaying a speed range of the low speed range traveling control along the scale of the speedometer 2-2. Furthermore, the display content determining section 1-8 is arranged to display the speed range while the appearance of the speed range is changed such as in color or brightness or design according to whether it is now set at a set condition or non-control condition, even if a plurality of control systems which operated in the respective speed ranges are employed in the vehicle. Therefore, the driver can utilize these systems without remembering the respective speed ranges of the respective controls. Further, the driver can easily recognize which one of the controls is operating.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MATTA whose telephone number is (571)272-4296. The examiner can normally be reached Mon - Fri 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lee can be reached at (571) 270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.G.M./Examiner, Art Unit 3668
/ABDHESH K JHA/Primary Examiner, Art Unit 3668
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