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 .
This is a final office action on the merits. Claims 13, 16-18, and 21-24 are currently pending and are addressed below.
The examiner notes that the fundamentals of the rejection are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the
reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 13-25 under 35 U.S.C 102(a)(1) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations include the recitations of:
“external detection part,” in claims 13
“distance detection part” in claims 16-18
“command part,” in claims 13 and 21-24
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 13, 16-18, and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Sato Katsuhiko et al. (JP2018158684A), hereinafter referred to as Katsuhiko, in view of Du Haining et al. (WO2021047438A1), hereinafter referred to as Haining.
Regarding claim 13, Katsuhiko discloses: a driving assistance apparatus (see at least Katsuhiko, ¶¶ [0008]-[0009] which discloses a vehicle running control device), comprising:
an external detection part configured to detect an external situation around a subject vehicle (see at least Katsuhiko, ¶¶ [0021], which discloses the automatic driving controller that performs recognition and determination of a vehicle’s external surroundings, including its environment and driving state, this means that it serves as an external detection part that is capable of detecting an external situation around a subject vehicle)
a command part configured to output a lane change command from a first lane on which the subject vehicle travels to a second lane adjacent to the first lane through a division line and a cancellation command of the lane change (see at least Katsuhiko, ¶¶ [0018]-[0022], [0042]-[0043] which discloses various units including a route generation, vehicle control, vehicle speed, and driving controller which detects the position of the subject vehicle by the state environment, sorting line position of the adjacent lane (division line), a preceding vehicle’s position and speed, then calculates a target route, which is then outputted as a potential lane change command; particularly, the example provided is overtaking a preceding vehicle, however, it is not limited to this)
an electronic control unit including a microprocessor and a memory connected to the microprocessor (see at least Katsuhiko, [0021]), wherein the microprocessor is configured to perform:
controlling an actuator for traveling so that an inter-vehicle distance between the subject vehicle and a preceding vehicle traveling ahead of the subject vehicle and detected by the external detection part is equal to or more than a predetermined value, with the preceding vehicle as a control target for the subject vehicle (see at least Katsuhiko, ¶¶ [0021], [0042]-[0043], [0066], discloses a driving controller that performs the outputted lane change command, performing the lane change so that the predetermined distance between subject and preceding vehicle traveling ahead is maintained within a threshold, the preceding vehicle acting as a control target to be overtaken by the subject vehicle, this means that a driving control unit configured to control an actuator for traveling so that an inter-vehicle distance between the subject vehicle and a preceding vehicle traveling ahead of the subject vehicle and detected by the external detection part is equal to or more than a predetermined value, with the preceding vehicle as a control target for the subject vehicle)
when the lane change command is output from the command part, controlling the actuator so as to perform a lane change operation changing a lane from the first lane to the second lane (see at least Katsuhiko, ¶¶ [0021], [0042]-[0043], [0066] discloses when the lane change command is output from the command part, to control the actuator so as to perform a lane change operation changing a lane from the first lane to the second lane, and further after a start of the lane change operation)
the preceding vehicle includes a first preceding vehicle traveling on the first lane and a second preceding vehicle traveling on the second lane (see at least Katsuhiko, ¶¶ [0040]-[0043] discloses the preceding vehicle including the other vehicle traveling in both lanes before and after the lane change) and the microprocessor configured to perform:
and further after a start of the lane change operation when the cancellation command of the lane change is output from the command part before a completion of the lane change operation, controlling the actuator so as to return to the first lane when a lateral distance between the division line as a boundary between the first lane and the second lane and the subject vehicle is equal to or more than a predetermined value (see at least Katsuhiko, ¶¶ [0036]-[0037], discloses when intrusion of another vehicle (lane change etc.) within the "predetermined distance" defined according to the movement state of the own vehicle is detected, the controller compares the right dividing line of the lane for a lateral distance between the division line as a boundary is equal to or more than a predetermined value; [0048]-[0049], [0066]-[0067], discloses after a start of the lane change operation when the cancellation command of the lane change is output from the command part before a completion of the lane change operation, controlling the actuator so as to return to the first lane)
and controlling the actuator so as to change the lane to the second lane when the lateral distance is less than the predetermined value (see at least Katsuhiko, ¶¶ [0036]-[0037], discloses when intrusion of another vehicle (lane change etc.) within the "predetermined distance" defined according to the movement state of the own vehicle is detected, the controller compares the right dividing line of the lane for a lateral distance between the division line as a boundary is equal to or more than a predetermined value; [0048]-[0049], [0068]-[0069], discloses controlling the actuator so as to perform the lane change when the lateral distance is less than the predetermined value
Katsuhiko is silent on, however, in the same field of endeavor, Haining teaches: the controlling including setting the first preceding vehicle as the control target when it is determined that a return travel path of the subject vehicle when the cancellation command of the lane change is output and the subject vehicle returns to the first lane does not cross the division line, and setting both the first and second preceding vehicle as the control target when it is determined that the return travel path crosses the division line (see at least Haining, pg.66, par.3-6; par.10-13, pg.68-69; which discloses determining a target preceding vehicle from the preceding vehicle in the target lane and the preceding vehicle in the current lane based on whether the subject vehicle crosses the lane line; this is used to determined the subject vehicle’s longitudinal return path, or travel path back to the first lane, this means controlling including setting the first preceding vehicle as the control target when it is determined that a return travel path of the subject vehicle when the cancellation command of the lane change is output and the subject vehicle returns to the first lane does not cross the division line, and setting both the first and second preceding vehicle as the control target when it is determined that the return travel path crosses the division line)
and controlling the actuator so as to return to the first lane while maintaining the inter-vehicle distance between the subject vehicle and the control target at the predetermined value or more (see at least Haining, pg.68-69 which discloses controlling the actuator so as to return to the first lane while maintaining the inter-vehicle distance between the subject vehicle and the control target at the predetermined value or more)
It would have been obvious to a person of ordinary skill in the art to modify Katsuhiko to include controlling including setting the first preceding vehicle as the control target when it is determined that a return travel path of the subject vehicle when the cancellation command of the lane change is output and the subject vehicle returns to the first lane does not cross the division line, and setting both the first and second preceding vehicle as the control target when it is determined that the return travel path crosses the division line and controlling the actuator so as to return to the first lane while maintaining the inter-vehicle distance between the subject vehicle and the control target at the predetermined value or more as taught by Haining. Incorporating the teaching would allow for an improvement to the base device of Katsuhiko that allow for the construction of a lane change trajectory according to a target front vehicle and target lane change vehicle.
Regarding claim 16, Katsuhiko discloses: the driving assistance apparatus according to claim 13, further comprising:
a distance detection part configured to detect an inter-vehicle distance between the subject vehicle and the first preceding vehicle and an inter-vehicle distance between the subject vehicle and the second preceding vehicle (see at least Katsuhiko, Fig.2, Item 21, “external sensor” ¶¶ [0007]-[0008], which discloses a sensor of the subject vehicle, configured to detect an inter-vehicle distance between a subject vehicle and the first and second preceding vehicles, which are included in the environment and state detection)
wherein the microprocessor is configured to perform:
when the second preceding vehicle is positioned behind the first preceding vehicle, the driving control unit is configured to control the actuator so that the inter-vehicle distance between the subject vehicle and the second preceding vehicle detected by the distance detection part is equal to or more than the predetermined value after the subject vehicle crosses the division line from a side of the first lane, and to set the first preceding vehicle as the control target when the subject vehicle crosses the division line from a side of the second lane after the subject vehicle crosses the division line from the side of the first lane (see at least Katsuhiko, ¶¶ [0036]-[0043], [[0066]-[0068], which discloses wherein when the second preceding vehicle is positioned behind the first preceding vehicle, the driving control unit is configured to control the actuator so that the inter-vehicle distance between the subject vehicle and the second preceding vehicle detected by the distance detection part is equal to or more than the predetermined value after the subject vehicle crosses the division line from a side of the first lane, and to set the first preceding vehicle as the control target when the subject vehicle crosses the division line from a side of the second lane after the subject vehicle crosses the division line from the side of the first lane)
Regarding claim 17, Katsuhiko discloses: the driving assistance apparatus according to claim 16, wherein the microprocessor is configured to perform: when the first preceding vehicle is positioned behind the second preceding vehicle, the controlling including, controlling the actuator so that the inter-vehicle distance between the subject vehicle and the first preceding vehicle detected by the distance detection part is equal to or more than the predetermined value after the subject vehicle crosses the division line from the side of the first lane, and to set the first preceding vehicle as the control target when the subject vehicle crosses the division line from the side of the second lane after the subject vehicle crosses the division line from the side of the first lane (see at least Katsuhiko, ¶¶ [0036]-[0043], [[0066]-[0068], which discloses wherein when the second preceding vehicle is positioned behind the first preceding vehicle, the driving control unit is configured to control the actuator so that the inter-vehicle distance between the subject vehicle and the second preceding vehicle detected by the distance detection part is equal to or more than the predetermined value after the subject vehicle crosses the division line from a side of the first lane, and to set the first preceding vehicle as the control target when the subject vehicle crosses the division line from a side of the second lane after the subject vehicle crosses the division line from the side of the first lane)
Regarding claim 18, Katsuhiko discloses: the driving assistance apparatus according to claim 13, further comprising:
a distance detection part configured to detect an inter-vehicle distance between the subject vehicle and the first preceding vehicle and an inter-vehicle distance between the subject vehicle and the second preceding vehicle (see at least Katsuhiko, Fig.2, Item 21, “external sensor” ¶¶ [0007]-[0008], which discloses a sensor of the subject vehicle, configured to detect an inter-vehicle distance between a subject vehicle and the first and second preceding vehicles, which are included in the environment and state detection)
wherein the microprocessor is configured to perform:
the controlling including controlling the actuator so that the subject vehicle returns to the first lane while controlling the actuator so that the inter-vehicle distance between the subject vehicle and the first preceding vehicle and the inter-vehicle distance between the subject vehicle and the second preceding vehicle detected by the distance detection part is equal to or more than the predetermined value, after the subject vehicle crosses the division line from a side of the first lane (see at least Katsuhiko, ¶¶ [0036]-[0043], [[0066]-[0068], which discloses wherein when the second preceding vehicle is positioned behind the first preceding vehicle, the driving control unit is configured to control the actuator so that the inter-vehicle distance between the subject vehicle and the second preceding vehicle detected by the distance detection part is equal to or more than the predetermined value after the subject vehicle crosses the division line from a side of the first lane, and to set the first preceding vehicle as the control target when the subject vehicle crosses the division line from a side of the second lane after the subject vehicle crosses the division line from the side of the first lane)
Regarding claim 21, Katsuhiko discloses: the driving assistance apparatus according to claim 13, wherein the microprocessor is configured to perform:
after the start of the lane change operation, the controlling including setting both the first preceding vehicle and the second preceding vehicle as the control target until the subject vehicle crosses the division line when the cancellation command of the lane change is output from the command part before the completion of the lane change operation and it is determined that the distance from the subject vehicle to the division line is less than the predetermined value, and to set the second preceding vehicle as the control target after the subject vehicle crosses the division line (see at least Katsuhiko, ¶¶ [0036]-[0043], [[0066]-[0068], which discloses wherein when the second preceding vehicle is positioned behind the first preceding vehicle, the driving control unit is configured to control the actuator so that the inter-vehicle distance between the subject vehicle and the second preceding vehicle detected by the distance detection part is equal to or more than the predetermined value after the subject vehicle crosses the division line from a side of the first lane, and to set the first preceding vehicle as the control target when the subject vehicle crosses the division line from a side of the second lane after the subject vehicle crosses the division line from the side of the first lane)
Regarding claim 22, Katsuhiko discloses: the driving assistance apparatus according to claim 13, wherein the microprocessor is configured to perform: after the start of the lane change operation, the controlling including setting the first lane or the second lane as a target lane for the subject vehicle in accordance with a position of the subject vehicle relative to the division line when the cancellation command of the lane change is output from the command part before the completion of the lane change operation, and to control the actuator based on a center position of the target lane in a lane width direction and a position in a traveling direction of the preceding vehicle set as the control target (see at least Katsuhiko, ¶¶ [0018]-[0022], [0042]-[0043] which discloses various units including a route generation, vehicle control, vehicle speed, and driving controller which detects the position of the subject vehicle by the state environment, sorting line position of the adjacent lane (division line), a preceding vehicle’s position and speed, then calculates a target route, which is then outputted as a potential lane change command; particularly, the example provided is overtaking a preceding vehicle, however, it is not limited to this)
Regarding claim 23, Katsuhiko discloses: the driving assistance apparatus according claim 13, wherein the command part is configured to output the lane change command when the lane change is instructed by an occupant of the subject vehicle, or, the lane change is instructed based on the external situation detected by the external detection part (see at least Katsuhiko, ¶¶ [0018]-[0022], [0042]-[0043] which discloses various units including a route generation, vehicle control, vehicle speed, and driving controller which detects the position of the subject vehicle by the state environment, sorting line position of the adjacent lane (division line), a preceding vehicle’s position and speed, then calculates a target route, which is then outputted as a potential lane change command; particularly, the example provided is overtaking a preceding vehicle, however, it is not limited to this)
Regarding claim 24, Katsuhiko discloses: the driving assistance apparatus according to claim 13, wherein the command part is configured to output the lane change command based on the external situation detected by the external detection part (see at least Katsuhiko, ¶¶ [0018]-[0022], [0042]-[0043] which discloses various units including a route generation, vehicle control, vehicle speed, and driving controller which detects the position of the subject vehicle by the state environment, sorting line position of the adjacent lane (division line), a preceding vehicle’s position and speed, then calculates a target route, which is then outputted as a potential lane change command; particularly, the example provided is overtaking a preceding vehicle, however, it is not limited to this, this means the command part is configured to output the lane change command based on the external situation detected by the external detection part)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
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