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 § 103
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, 2, 4, 6-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al [US 2023/0159035] in view of Kim [US 2020/0371527]
Consider claim 1. A vehicle control device (the host vehicle 1 includes a controller 17,
see Figs. 1, 3) comprising:
at least one of (i) a circuit and (ii) a processor with a memory storing computer program
code executable by the processor, the at least one of the circuit and the processor configured to cause the vehicle control device to a to determine whether a following vehicle, which is a different vehicle a subject vehicle and traveling in a same lane as the subject vehicle, is about to perform a lane change in a situation where the subject vehicle is about to perform the lane change based on a signal from a rear monitoring sensor that outputs information regarding an object existing behind the subject vehicle (the host vehicle 1 includes a controller 17 with a processor 21 connected to an object detection unit 32, object tracking unit 33 and a surrounding vehicle state acquisition unit 35 and intention estimation unit 36b to detecting and tracking adjacent vehicle 4 and/or behind vehicle 3 then to determine that whether or not the adjacent/behind vehicle is likely to change lanes into the host vehicle lane 2a and to output an audible and/or visual message notifications by the output device 19, see Figs. 2A, 3, 4, 6, 7, 10A, 10B, para [0031-0036, 0056, 0059, 0061, 0063, 0067, 0078, 0135]). But,
Tanaka et al fails to disclose the rear vehicle traveling in a same lane as the subject
vehicle. However, Tanaka et al discloses that the solid line L42 indicates a relative position in the front-rear direction of the adjacent behind vehicle 4 with respect to the host vehicle 1 (i.e., a relative distance in the front-rear direction from the host vehicle 1 to the adjacent vehicle 4), and a broken line L32 indicates a relative position in the front-rear direction of the first preceding vehicle 3 with respect to the host vehicle 1 (i.e., a relative distance in the front-rear direction from the host vehicle 1 to the first preceding vehicle 3). Note that FIG. 5 illustrates a state in which the host vehicle 1 is following the first preceding vehicle 3 and traveling at the same speed as that of the first preceding vehicle 3 (see Figs. 5, 2A, 13A, para [0132]).
Therefore, it would have been obvious to one skill in the art to recognize that the front
host vehicle detects and determines of a backward or rearward vehicle behavior to
change lane being in the same lane or adjacent lane will provide the same result
because (1) the host vehicle detects the surrounding objects/vehicles from the
rearward, left side, right side and/or front of the host vehicle. (2) the adjacent or rearward vehicle changes lane into the same lane or adjacent lane of the host vehicle,
which will provide the same result of detecting rearward vehicle changing lane such as
to the right lane or to the left lane for generating an alert or notification to prevent of
accident or collision.
Kanata et al fails to disclose a vehicle controller configured to execute a following vehicle warning process that is a process of notifying a driver that the following vehicle is about to perform the lane change based on a determination, by the at least one of the circuit and the processor, the following vehicle is about to perform lane change, and cancel or postpone the lane change of the subject vehicle when the at least one of the circuit and the processor causes the vehicle control device to predict that the following vehicle is attempting to perform the lane change in the situation based on a behavior of the following vehicle. However,
Kanata et al teaches that the controller 17 estimates that the adjacent vehicle 4 is likely to change lanes into the first lane 2a, and the vehicle behavior estimate method of the first embodiment estimates the likelihood that the adjacent vehicle 4 will change lanes into the first lane 2a, see Figs. 2A-5, para [0063, 0065, 0067, 0105, 0110]). The controller 17 determines that whether or not the adjacent/behind vehicle 4 is likely to change lanes into the host vehicle lane 2a and to output an audible and/or visual message or notifications by the output device 19, see Figs. 2A, 3, 4, 6, 7, 10A, 10B, para [0031-0036, 0056, 0059, 0061, 0063, 0067, 0078, 0135]).
Kim suggests that the artificial neural network-based projection information recognition apparatus 100 may include storage 10, an image input device 20, an object detecting device 30, a projection information classifying device 40, and a controller 50 (see Fig. 1). The controller 50 may allow the projection information classifying device 40 to classify the information 512 projected on the region of interest 522, recognize the projection information classified by the projection information classifying device 40, and control the vehicle based on the projection information. In this case, when the right lane change of the host vehicle 520 is requested in a state where the left lane change of the neighboring rear vehicle 510 is recognized, the controller 50 allow the vehicle to delay the lane change or slow down and attempt the lane change (see Fig. 6, para [0094]).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to use or implement the controller controls the host vehicle to delay the lane change when the rearward vehicle is attempting the lane change of Kim to the controller estimating of adjacent rear vehicle is likely to change lane of Tanaka et al for taking an early action to preventing of accident and collision with the rearward vehicle when changing lane, which is a normal safety and well known to a vehicle’s driver or operator.
Consider claim 2. The vehicle control device according to claim 1, wherein the vehicle
controller is configured to determine whether the subject vehicle is in a specific state
based on a signal from an in-vehicle sensor that detects a state of the subject vehicle or
a behavior of the driver (the vehicle behavior estimation unit 36 estimates that the
adjacent vehicle 4 will change lanes into the first lane 2a, the traveling control
unit 39 executes at least one of a vehicle control that increases or maintains the inter-
vehicle distance between the host vehicle 1 and the first preceding vehicle 3, a vehicle
control that reduces or maintains the vehicle speed of the host vehicle 1, or a vehicle
control that prohibits acceleration of the host vehicle 1 (see Figs. 2A, 3, para [0108]).
when the subject vehicle is in the specific state, the vehicle controller executes the
following vehicle warning process (when the vehicle behavior estimation
unit 36 estimates that the adjacent vehicle 4 will change lanes into the first lane 2a, the
output device 19 may execute driving assistance by outputting a message such as a
sound and/or a display that tells the driver, see Fig. 3, para [0109, 0110]), and
when the subject vehicle is not in the specific state, the vehicle controller does not
execute the following vehicle warning process (reads upon when at least one of the
condition A or B1 is not satisfied, the intention estimation unit 36b does not estimate
that the adjacent vehicle 4 is likely to change lanes into the first lane 2a, then there is no
notification message, see Fig. 7, para [0156]).
Consider claim 4. The vehicle control device according to claim 2, wherein a plurality of
state patterns are set as the specific state (the vehicle behavior estimation unit 36
includes a vehicle speed prediction unit 36a and a intention estimate unit 36b, and
position prediction unit 36c, see Figs. 3, 6, para [0081-0097, 0139-0142]), and
the vehicle controller is configured to change a manner of the following vehicle warning
process according to the plurality of state patterns (the controller 17 controls to output a
message notification, see Fig. 1, para [0030, 0056, 0110]).
Consider claim 6. The vehicle control device according to claim 1, wherein the following
vehicle warning process includes displaying, on a display, a predetermined icon image
or a computer graphics image showing that the following vehicle has turned on a turn
signal (the notification message includes displaying of images, meter and/or steering
turning angle, see para [0034, 0036, 0056]).
Consider claim 7. The vehicle control device according to claim 1, wherein the following
vehicle warning process includes at least one of outputting a predetermined sound from
a speaker, vibrating a steering wheel, vibrating a backrest, or tightening a seat belt (the
audio and/or visual notification message, para [0056]).
Consider claim 8. The vehicle control device according to claim 1, wherein the vehicle
controller is configured to control automatic lane change of the subject vehicle
according to a traffic condition or a traveling schedule set in advance (as cited in respect to claim 1, wherein the traveling schedule set in advance read upon the host vehicle tracking time, predetermined time and different time, see abstract, Fig. 2B, para [0060-0065, 0073, 0077-0091]).
Consider claim 9. A vehicle control device comprising: at least one of (i) a circuit and (ii) a processor with a memory storing computer program code executable by the processor, the at least one of the circuit and the processor configured to cause the vehicle control device to determine whether a following vehicle, which is a
different vehicle behind a subject vehicle and traveling in a same lane as the subject
vehicle, is about to perform a lane change in a situation where the subject vehicle is about to perform the lane change based on a signal from a rear monitoring
sensor that outputs information regarding an object existing behind the subject vehicle;
and a vehicle controller configured to control automatic lane change of the subject
vehicle according to a traffic condition or a traveling schedule set in advance, and
wherein the vehicle controller cancels or postpones the lane change of the subject
vehicle when the at least one of the circuit and the processor cause the vehicle control device to predict that the following vehicle is attempting to perform the lane change in the situation based on a behavior of the following vehicle (as the combination between Tanaka et al and Kim in respect to claims 1, 5 and 8 above).
Consider claim 10. The vehicle control device according to claim 8, wherein the vehicle controller temporarily holds the automatic lane change of the subject vehicle and requests a driver to input an instruction indicating whether to execute the lane change when the at least one of the circuit and the processor determines that the following vehicle is about to perform the lane change in the situation where the subject vehicle is about to perform the lane change (the autonomous host vehicle 1 is driven automatically by the controller 17 to control of lane change, see Figs. 3, 6, 7, 12, 15, para [0028, 0029, 0045-0047).
Consider claim 11. The vehicle control device according to claim 1, wherein the rear
monitoring sensor is a camera that captures an area behind the subject vehicle, and
the at least one of the circuit and the processor is further configured to determine that the following vehicle is about to perform the lane change when detecting that a turn signal of the following vehicle is activated by analyzing an image from the camera (as cited in respect to claim 1 above, and including the object sensor camera 11 mounted on the host vehicle 1, see Fig. 1, para [0034]).
Consider claim 12. The vehicle control device according to claim 1, wherein the rear
monitoring sensor is a camera that captures area behind the subject vehicle, and the at least one of the circuit and the processor is further configured to determine that the following vehicle is about to perform the lane change based on an amount of change over time in a relative position between a lane marking and the following vehicle shown in an image of the camera (as cited in respect to claims 1 and 11 above, and wherein the vehicle behavior estimation unit 36 of the third embodiment detects a front-rear direction position of the adjacent vehicle 4 at a time point where the adjacent vehicle 4 starts a speed adjustment for changing lanes. The time point tO when the decrease in the absolute value vr1 of the relative speed between the adjacent vehicle 4 and the first preceding vehicle 3 starts to be detected is used as the time point where the speed adjustment is started (see Figs. 5, 8, 10A, para [0134-0136, 0159, 0164, 0184]).
Consider claim 13. The vehicle control device according to claim 1, wherein the rear
monitoring sensor detects a position the following vehicle relative to the subject vehicle
or a lane marking (as cited in respect to claim 1 above, see Figs. 2A, 5, 8, 10A), and
the at least one of the circuit and the processor is further configured to determine that the following vehicle is about to perform the lane change based on whether time-series data of position information of the following vehicle corresponds to a predetermined pattern (as cited in respect to claims 1 and 12 above, see Figs. 5, 8, 10A).
Consider claim 14. The vehicle control device according to claim 1, wherein the rear
monitoring sensor detects a relative speed of the following vehicle with respect to the
subject vehicle, and the at least one of the circuit and the processor is further configured to determine that the following vehicle is about to perform the lane change based on detection that the following vehicle is approaching the subject vehicle at a relative speed equal to or greater than a predetermined value (calculating a relative speed between the first preceding vehicle and the adjacent vehicle; predicting whether or not an absolute value of the relative speed will be at or below a speed threshold value within a
predetermined time from a point time when a decrease in the absolute value of the
relative speed starts to be detected; and estimating that the adjacent vehicle is likely to
change lanes into the first lane when the absolute value of the relative speed is
predicted to be at or below the speed threshold value within the predetermined time,
see para [0005, 0062-0065]).
Consider claim 15. The vehicle control device according to claim 1, wherein the vehicle
controller is configured to detect that a distant parallel traveling vehicle traveling two
lanes away from the subject vehicle is about to perform the lane change toward a lane
of the subject vehicle based on an image captured by a camera that captures a side
area with respect to the subject vehicle, determine whether the subject vehicle is about
to perform the lane change into an adjacent lane close to a lane where the distant
parallel traveling vehicle exists, based on a signal from an in-vehicle sensor that detects
a state of the subject vehicle or a behavior of the driver, and execute a process to notify
the driver of a presence of the distant parallel traveling vehicle when detecting that the
distant parallel traveling vehicle is also about to perform the lane change into the
adjacent lane in a situation where the subject vehicle is about to perform the lane
change into the adjacent lane (as cited in respect to claim 1 above, wherein the object
detection unit 32 detects the position of the second preceding vehicle 5 traveling in front
of the adjacent vehicle 4 in the second lane 2b. When the inter-vehicle distance
between the adjacent vehicle 4 and the second preceding vehicle 5 is at or above the
distance threshold value, the adjacent preceding vehicle comparison unit 36e and the
intention estimation unit 36b may estimate that the adjacent vehicle 4 is more likely to
change lanes into the first lane 2a than when the inter-vehicle distance is below
the distance threshold value, wherein lanes 2a and 2b are in parallel, (see Fig. 2A, 10A,
10B, 13A, para [0240]).
Consider claim 16. A vehicle control method executed by a vehicle control device
mounted on a vehicle, the method comprising: determining whether a following vehicle,
which is a different vehicle behind a subject vehicle and traveling in a same lane as
the subject vehicle, is about to perform a lane change in a situation where the subject vehicle is about to perform the lane change based on a signal from a rear monitoring sensor that outputs information regarding an object existing behind the subject vehicle; executing a following vehicle warning process that is a process of notifying a driver that the following vehicle is about to perform the lane change based on determination that the following vehicle is about to perform the lane change; and canceling or postponing the lane change of the subject vehicle when predicting that the following vehicle is attempting to perform the lane change in the situation based on a behavior of the following vehicle (as the combination between Kanata et al and Kim in respect to claim 1 above, see Fig. 6 of Kim).
Claims 3, 5 are rejected under 35 U.S.C. 103 as being unpatentable over
Tanaka et al [US 2023/0159035] and Kim [US 2020/0371527] and further in view of Oguro et al [US 2021/0034063]
Consider claim 3. Tanaka et al fails to disclose wherein a state where a travel speed is
equal to or higher than a predetermined value or a state where the subject vehicle is
about to perform the lane change is registered as the specific state. However, Tanaka
et al teaches that the lane change estimation devices are known that estimate that an
adjacent vehicle traveling in a second lane adjacent to a first lane where a host vehicle
and a preceding vehicle of the host vehicle are traveling changes lanes into the first
lane. For example, a lane change estimation device described in JP 2018-147040 A
below calculates a first indicator value indicating the likelihood of an adjacent vehicle to
change lanes as a larger value the smaller the relative speed between the adjacent
vehicle and a preceding vehicle is and determines the likelihood that the adjacent
vehicle will change lanes on the basis of the calculated first indicator value (see para
[0002]).
Oguro et al suggests that the lane change controller 144 controls a driving state
during lane change on the basis of the speeds of the host vehicle M and the other
vehicles m1 to m4 in addition to the aforementioned precondition. In this case, first, the
lane change controller 144 determines whether the speed Vm3 of the front reference
vehicle m3 and the speed Vm4 of the rear reference vehicle m4 recognized by the other
vehicle recognizer 132 are lower than a predetermined speed. The predetermined
speed may be, for example, a speed determined on the basis of at least one of the
speed VM of the host vehicle M, a set speed set for the host vehicle M, and a legal
speed limit in the lane L2. The set speed may be, for example, an upper limit speed in
speed control executed in the automated driving controller 100 and a speed that can be
set by an occupant or the like of the host vehicle M within a certain degree of allowable
range (see Fig. 5, para [0088]).
Therefore, it would have been obvious to one skill in the art before the effective filed
date of the invention to add or implement automated driving controller of the host
vehicle change lane when a set speed to be upper limit speed of Oguro et al to the host
vehicle controller with that the lane change estimation devices of Tanaka et al and Kim for controlling and estimating of the host vehicle changing lane without accident or collision with surrounding vehicles.
Consider claim 5. The vehicle control device according to claim 1, wherein the at least one of the circuit and the processor is further configured to cause the vehicle control device to specify a direction in which the following vehicle moves based on the signal from the rear monitoring sensor, the vehicle controller is configured to determine whether the subject vehicle is about to perform the lane change based on a signal from an in-vehicle sensor that detects a state of the subject vehicle or a behavior of the driver, and specify a movement direction of the subject vehicle when the subject vehicle is about to perform the lane change, and the vehicle controller executes the following vehicle warning process on a condition that both of the subject vehicle and the following vehicle are about to perform the lane change and also the movement direction of the subject vehicle is same as a movement direction of the following vehicle (as cited and combination between Tanaka et al and Kim and Oguro et al in respect to claims 1 and 3 above).
Response to Arguments
Applicant’s arguments, see the amendment filed on 02/19/2026, with respect to the rejection(s) of claim(s) 1-16 under Kanata et al have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kim to make the rejection smoother as above.
Applicant’s arguments:
(A) Applicant respectfully asserts that Tanaka and Oguro, alone or in combination, do not appear to explicitly teach each and every feature of amended Claim 1. For example, the cited references do not appear to teach "to predict that the following vehicle is attempting to perform the lane change".
(B) Dependent claims 2-8 and 10-15 depend directly or indirectly on independent claim 1.
Response to the arguments:
(A) It is obvious to combine the controller controls a host vehicle to delay the lane change when the rearward vehicle is attempting the lane change of Kim to the controller estimating of adjacent rear vehicle is likely to change lane of Tanaka et al for taking an early action to preventing of accident and collision with the rearward vehicle when changing lane, which is a normal safety and well known to a vehicle’s driver or operator.
(B) All dependent claims are obvious to rejected according to their independent claims 1 and 9, as above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Halder discloses the autonomous vehicle management system (AVMS) controls one or more autonomous functions or operations performed by a vehicle or machine such that the autonomous operations are performed in a safe manner. A decision is made whether to proceed with the action. This decision can be based on updated sensor information received after the determining of the action in step 1902. For instance, in the example of FIG. 18, an earlier version of the user interface 1800 may have been generated to indicate a lane change as the next action to be performed based on detection of congestion. In response to updated sensor information received after making the decision to change lanes (e.g., sensor information indicating that the neighboring vehicle is approaching from behind at seventy miles per hour), a decision could then have been made to postpone the lane change by waiting for the neighboring vehicle to pass. [US 2019/0310636]
Endo discloses the multi-lane image is a bird's-eye view as seen from an upper-rear side of the host vehicle, and neighboring lanes on the left and right of the host vehicle lane are also subject to display. When only lanes that actually exist are subject to display, under typical conditions no more than three lanes will be displayed. However, there is no limitation to displaying a maximum of three lanes in order to facilitate understanding in complex layouts in which lanes branch or merge. The host vehicle is displayed as an icon 64 in the third person perspective multi-lane image. In situations in which for example the host vehicle is about to change lanes when another vehicle approaches from the rear-right or rear-left, the lane change is delayed until the other vehicle has passed by, after which the lane change is performed. The third person perspective multi-lane image enables situations such as the approach of the other vehicle and the delay to the lane change to be displayed. [US 2022/0063406]
Any inquiry concerning this communication or earlier communications from examiner should be directed to primary examiner craft is Van Trieu whose telephone number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114.
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
03/20/2026