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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, 8-9 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Mimura (US PG Pub No. 2020/0094875).
Regarding claim 1, Mimura teaches A vehicle configured to be able to automatically change lanes, the vehicle comprising:
a first processor (120 figure 3 and 160 paragraph 87) configured to recognize a surrounding vehicle present around the vehicle and to calculate a relative position of the surrounding vehicle with respect to the vehicle; and (paragraph 55 and 64)
a second processor (190 display controller paragraph 87) configured to display information to be provided to an occupant of the vehicle,
wherein the second processor is configured to:
display the surrounding vehicle at the relative position calculated by the first processor; (IMC and IMD figure 8)
display a mark showing that the vehicle is scheduled to perform an automatic lane change; and (IMB figure 7 paragraph 87 notification on image that notifies observer that subject of vehicle M is in state of auto lane change IMB)
make a position of the mark change in accordance with the relative position of the surrounding vehicle presenting at a destination driving lane. (IM1 figure 7 as opposed to IM2 figure 8 where IMC and IMO show prohibited lane change; no IMC and IMD is mark change in accordance with relative position of surrounding vehicle)
Regarding claim 2, Mimura teaches a third processor configured to automatically perform part or all of driving operations relating to acceleration, steering, and braking of the vehicle,
wherein the third processor is configured to control speed of the vehicle so that the mark approaches the vehicle. (160 figure 3 paragraph 63 and 96 figure 10).
Regarding claim 3, Mimura teaches wherein the third processor is configured to change lanes when the vehicle is positioned next to the mark. (S104-S122 figure 10)
Regarding claim 6, Mimura teaches wherein the mark extends perpendicular to a direction of travel of the vehicle (IMB figure 7).
Regarding claim 8 and 9, see the rejection of claim 1 as the limitations are substantially similar.
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(s) 4-5, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mimura (US PG Pub No. 2020/0094875) in view of Mimura (2) (US PG Pub No 2019/0144004)
Regarding claim 4, Mimura does not explicitly teach however Mimura (2) teaches wherein the second processor is configured to change a shape of the mark when a lane change is possible (628-4 figure 6 paragraph 92 advanced notice of lane changing of vehicle).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Mimura based on the teachings of Mimura (2) to teach wherein the second processor is configured to change a shape of the mark when a lane change is possible. The motivation would be to give advanced notice of lane change (Mimura (2) paragraph 95)
Regarding claim 5, Mimura does not explicitly teach however Mimura (2) teaches giving symbolic animation for the purpose of informing lane change (paragraph 95 exampels of automation include external shape… polygon and the like… still of moving images).
Therefore it would be obvious to one of ordinary skill in the art to teach wherein the second processor is configured to change the mark from a line mark to a planar mark when the lane change is possible. The motivation would be to give advanced notice of lane change (Mimura (2) paragraph 95)
Regarding claim 7, see the rejection of claim 4 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C. JIN whose telephone number is (571)272-9898. The examiner can normally be reached 9AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay Low can be reached at (571) 272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE C JIN/Primary Examiner, Art Unit 3747
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