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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 09/06/2024 and 05/23/2025 have been considered by the Examiner.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pfau (US 2025/0214585 A1).
Regarding claim 1, Pfau discloses a driving assistance apparatus mountable on a straddle type vehicle (In paragraphs [0031-0032], Pfau discloses that the controller 30 in the rider-assistance system 1 includes an execution section 32; in paragraph [0077], Pfau discloses that the execution section 32 may execute, as the supplementary assistance operation, posture stabilization operation to stabilize the posture of the motorcycle 100), the driving assistance apparatus comprising:
a first detection unit configured to detect a vehicle speed of the straddle type vehicle (In paragraph [0028], Pfau discloses that a vehicle speed sensor detects a speed generated to the motorcycle 100, or may detect another physical quantity that can substantially be converted to the speed generated to the motorcycle 100);
a second detection unit configured to detect a preceding vehicle traveling in front of the straddle type vehicle (In paragraphs [0023-0024], Pfau discloses that the surrounding environment sensor 15 detects surrounding environment information that is related to environment around the motorcycle 100, for example, each of the surrounding environment sensors 15a, 15b, 15c, 15d may detect information on a distance and/or an orientation to an object that is positioned within a detection range in a non-contact manner, such as a vehicle, an obstacle, a road facility, a person, and an animal, where examples of the surrounding environment information are information on a relative position, a relative distance, a relative speed, relative acceleration, relative jerk, a passing time difference, and a predicted time until a collision, and each of the surrounding environment sensors 15a, 15b, 15c, 15d may detect a characteristic of the object that is positioned within the detection range in the non-contact manner such as a type, a shape, a size, and a mark on the object); and
a control unit configured to perform acceleration control and braking control of the straddle type vehicle (In paragraph [0035], Pfau discloses that during execution of the speed control operation, the execution section 32 outputs a control signal to the drive system 11 or the brake system 12), wherein
when the vehicle speed of the straddle type vehicle is lower than a reference, the control unit performs follow-traveling with respect to the preceding vehicle by performing the acceleration control simultaneously with the braking control (Starting in paragraph [0045], Pfau discloses that in S102, the determination section 33 determines presence or absence of necessity to stop the motorcycle 100 or make the motorcycle 100 become the crawl during the travel of the motorcycle 100, for example, in the case where the output of the surrounding environment sensor 15 corresponds to information indicating that a vehicle is decelerated or stopped in front of the motorcycle 100, the determination section 33 determines the presence of the necessity to stop the motorcycle 100 or make the motorcycle 100 become the crawl [sic.]; starting in paragraph [0054], Pfau discloses that in S103, the determination section 33 determines whether a travel state of the motorcycle 100 meets a predetermined criterion, for example, in the case where the speed of the motorcycle 100 is equal to or lower than a speed threshold value, the determination section 33 determines that the travel state of the motorcycle 100 meets the predetermined criterion, and if the travel state of the motorcycle 100 meets the predetermined criterion (S103: YES), in S104, the execution section 32 executes the first automatic control operation to automatically stop the motorcycle 100 or to automatically make the motorcycle 100 become the crawl; starting in paragraph [0076], Pfau discloses that the execution section 32 may execute various types of supplementary assistance operation during the execution of the first automatic control operation, such as posture stabilization operation to stabilize the posture of the motorcycle 100, where as the posture stabilization operation, the execution section 32 may increase the drive power (for example, the engine torque) of the drive system 11 and generate the braking force on the rear wheel while setting the predetermined speed profile to decelerate the motorcycle 100 in the stepwise manner).
Regarding claim 2, Pfau further discloses wherein
when the vehicle speed of the straddle type vehicle is lower than the reference, the control unit increases both a control amount of the acceleration control and the control amount of the braking control as the vehicle speed decreases (Starting in paragraph [0054], Pfau discloses that in S103, the determination section 33 determines whether a travel state of the motorcycle 100 meets a predetermined criterion, for example, in the case where the speed of the motorcycle 100 is equal to or lower than a speed threshold value, the determination section 33 determines that the travel state of the motorcycle 100 meets the predetermined criterion, and if the travel state of the motorcycle 100 meets the predetermined criterion (S103: YES), in S104, the execution section 32 executes the first automatic control operation to automatically stop the motorcycle 100 or to automatically make the motorcycle 100 become the crawl; starting in paragraph [0076], Pfau discloses that the execution section 32 may execute various types of supplementary assistance operation during the execution of the first automatic control operation, such as posture stabilization operation to stabilize the posture of the motorcycle 100, where as the posture stabilization operation, the execution section 32 may increase the drive power (for example, the engine torque) of the drive system 11 and generate the braking force on the rear wheel while setting the predetermined speed profile to decelerate the motorcycle 100 in the stepwise manner).
Regarding claim 3, Pfau further discloses wherein
when the vehicle speed of the straddle type vehicle is lower than the reference and a deceleration of the preceding vehicle is detected by the detection unit, the control unit suppresses the acceleration control and increases a control amount of the braking control (In paragraphs [0035-0036], Pfau discloses that during execution of the speed control operation, the execution section 32 outputs a control signal to the drive system 11 or the brake system 12 order to generate or increase deceleration or acceleration to the motorcycle 100, for example, the execution section 32 monitors a value of a travel speed of the motorcycle 100 that is acquired on the basis of a rotational frequency of the front wheel 21 and a rotational frequency of the rear wheel and can control the travel speed of the motorcycle 100 to such a speed that does not exceed a preset upper-limit speed; in paragraph [0063], Pfau discloses that during the execution of the speed control operation, the execution section 32 executes the second automatic control operation to adjust the positional relationship between the motorcycle 100 and the other vehicle, for example where the other vehicle in the second automatic control operation is a target vehicle to be followed, a speed of which is automatically followed by the motorcycle 100, and where the execution section 32 may automatically execute the second automatic control operation on the basis of the information acquired by the acquisition section 31; the Examiner understands that in order to perform speed following in the circumstance as described, Pfau discloses suppressing the acceleration control and increasing a control amount of the braking control in the case where deceleration of the preceding vehicle is detected under its broadest reasonable interpretation, where the motorcycle of Pfau will achieve a slower speed to follow that of a decelerating preceding vehicle by outputting a control signal to the drive system 11 or the brake system 12 order to generate or increase deceleration or acceleration to the motorcycle 100 as disclosed).
Regarding claim 9, Pfau further discloses wherein
the control unit outputs a control signal to each of a power source of the straddle type vehicle and a braking apparatus of the straddle type vehicle (In paragraph [0035], Pfau discloses that during execution of the speed control operation, the execution section 32 outputs a control signal to the drive system 11 or the brake system 12) such that
the acceleration control is performed by controlling the power source (In paragraph [0019], Pfau discloses that the drive system 11 is a drive source that drives a wheel of the motorcycle 100) and
the braking control is performed by controlling the braking apparatus (In paragraph [0020], Pfau discloses that the brake system 12 controls a braking force generated on the wheel, for example, the brake system 12 is a hydraulic pressure control unit, and by controlling operation of the components of the hydraulic pressure control unit, the braking force generated on the wheel is controlled).
Regarding claim 10, Pfau discloses a method for assisting driving of a straddle type vehicle (In paragraphs [0031-0032], Pfau discloses that the controller 30 in the rider-assistance system 1 includes an execution section 32; in paragraph [0077], Pfau discloses that the execution section 32 may execute, as the supplementary assistance operation, posture stabilization operation to stabilize the posture of the motorcycle 100), the method comprising:
a step of detecting a vehicle speed of the straddle type vehicle (In paragraph [0028], Pfau discloses that a vehicle speed sensor detects a speed generated to the motorcycle 100, or may detect another physical quantity that can substantially be converted to the speed generated to the motorcycle 100);
a step of detecting a preceding vehicle traveling in front of the straddle type vehicle (In paragraphs [0023-0024], Pfau discloses that the surrounding environment sensor 15 detects surrounding environment information that is related to environment around the motorcycle 100, for example, each of the surrounding environment sensors 15a, 15b, 15c, 15d may detect information on a distance and/or an orientation to an object that is positioned within a detection range in a non-contact manner, such as a vehicle, an obstacle, a road facility, a person, and an animal, where examples of the surrounding environment information are information on a relative position, a relative distance, a relative speed, relative acceleration, relative jerk, a passing time difference, and a predicted time until a collision, and each of the surrounding environment sensors 15a, 15b, 15c, 15d may detect a characteristic of the object that is positioned within the detection range in the non-contact manner such as a type, a shape, a size, and a mark on the object); and
a step of performing acceleration control and braking control of the straddle type vehicle (In paragraph [0035], Pfau discloses that during execution of the speed control operation, the execution section 32 outputs a control signal to the drive system 11 or the brake system 12), wherein
when the vehicle speed of the straddle type vehicle is lower than a reference, the step of performing control performs follow-traveling with respect to the preceding vehicle by performing the acceleration control simultaneously with the braking control (Starting in paragraph [0045], Pfau discloses that in S102, the determination section 33 determines presence or absence of necessity to stop the motorcycle 100 or make the motorcycle 100 become the crawl during the travel of the motorcycle 100, for example, in the case where the output of the surrounding environment sensor 15 corresponds to information indicating that a vehicle is decelerated or stopped in front of the motorcycle 100, the determination section 33 determines the presence of the necessity to stop the motorcycle 100 or make the motorcycle 100 become the crawl [sic.]; starting in paragraph [0054], Pfau discloses that in S103, the determination section 33 determines whether a travel state of the motorcycle 100 meets a predetermined criterion, for example, in the case where the speed of the motorcycle 100 is equal to or lower than a speed threshold value, the determination section 33 determines that the travel state of the motorcycle 100 meets the predetermined criterion, and if the travel state of the motorcycle 100 meets the predetermined criterion (S103: YES), in S104, the execution section 32 executes the first automatic control operation to automatically stop the motorcycle 100 or to automatically make the motorcycle 100 become the crawl; starting in paragraph [0076], Pfau discloses that the execution section 32 may execute various types of supplementary assistance operation during the execution of the first automatic control operation, such as posture stabilization operation to stabilize the posture of the motorcycle 100, where as the posture stabilization operation, the execution section 32 may increase the drive power (for example, the engine torque) of the drive system 11 and generate the braking force on the rear wheel while setting the predetermined speed profile to decelerate the motorcycle 100 in the stepwise manner).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pfau (US 2025/0214585 A1), in view of Wu (US 2020/0398836 A1).
Regarding claim 5, Pfau does not explicitly disclose wherein
when the vehicle speed of the straddle type vehicle is lower than the reference, and an acceleration of the preceding vehicle is detected by the detection unit and the acceleration of the preceding vehicle is larger than a predetermined value, the control unit accelerates the straddle type vehicle at an acceleration smaller than the acceleration of the preceding vehicle until the vehicle speed of the straddle type vehicle reaches the reference.
However, Wu teaches wherein
when the vehicle speed of the straddle type vehicle is lower than the reference, and an acceleration of the preceding vehicle is detected by the detection unit and the acceleration of the preceding vehicle is larger than a predetermined value, the control unit accelerates the straddle type vehicle at an acceleration smaller than the acceleration of the preceding vehicle until the vehicle speed of the straddle type vehicle reaches the reference (In paragraph [0146], Wu teaches that the states (distance and relative speed) for the problem are defined relative to the leader, and the leader's known acceleration (which may be assumed to be 0) may be factored in accordingly by defining the control input to this system as the relative acceleration a.sub.rel = a.sub.ego - a.sub.leader; in paragraphs [0177-0178], Wu teaches that it is possible to have the maximum a.sub.rel be zero or even less than zero (when the leader is accelerating quickly) [acceleration of the straddle type vehicle is smaller than the acceleration of the preceding vehicle], where accelerating slower than a leading vehicle may not lead to a collision or other dangerous situation).
Wu is considered to be analogous to the claimed invention in that they both pertain to accelerating an own vehicle less than a preceding vehicle when the preceding vehicle accelerates above some value. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Wu with the apparatus as disclosed by Pfau where doing so prevents collision or other dangerous situations as suggested by Wu in paragraph [0178], advantageously ensuring the own vehicle does not dangerously accelerate at a high acceleration when following the preceding vehicle for example.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Pfau (US 2025/0214585 A1), in view of Ito (US 2024/0001922 A1).
Regarding claim 7, Pfau further discloses an acquisition unit configured to acquire an operation input for starting the straddle type vehicle (In paragraph [0022], Pfau discloses that an input device 14 accepts various operations by a rider of the motorcycle 100, and information on the rider's operation using the input device 14 is output to the controller 30).
Pfau does not explicitly disclose wherein the control unit interrupts the acceleration control and the braking control when the straddle type vehicle is in a stopped state, and resumes the interrupted acceleration control and braking control in response to the operation input.
However, Ito teaches wherein the control unit interrupts the acceleration control and the braking control when the straddle type vehicle is in a stopped state, and resumes the interrupted acceleration control and braking control in response to the operation input (In paragraph [0049], Ito teaches that a resuming switch 84 is an ON/OFF switch for resuming the ACC in the cancelled state or restarting (starting) the ACC in a standby state; in paragraphs [0058-0062], Ito teaches that the ACC control section 100 brings the ACC into a standby state when the own vehicle SV stops as a result of stoppage of the preceding vehicle during execution of the follow-up travel control, and resumes the ACC when the driver turns on the resuming switch 84 or depresses the accelerator pedal).
Ito is considered to be analogous to the claimed invention in that they both pertain to interrupting control when the own vehicle is stopped, and resuming control in response to operator input. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Ito, where doing so affords more control to the user, preventing unwanted resumed control after the vehicle has come to a stop that may put the vehicle in unwanted or unsafe operation, for example.
Allowable Subject Matter
Claims 4, 6, and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jing (US 2024/0101121 A1) teaches controlling driving modes and operations for vehicles.
Deljosevic (US 2023/0278558 A1) teaches dynamically adjusting adaptive cruise control.
Asakura (US 2017/0235307 A1) teaches a vehicle control system, vehicle control method, and vehicle control program.
Andersson (US 2016/0176402 A1) teaches a method and system for adaptive cruise control and vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Harrison Heflin whose telephone number is (571)272-5629. The examiner can normally be reached Monday - Friday, 1:00PM - 10:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at 571-272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRISON HEFLIN/ Examiner, Art Unit 3665
/HUNTER B LONSBERRY/ Supervisory Patent Examiner, Art Unit 3665