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 .
Response to Arguments
This office action is in response to amendments filed 03/09/2026. Claims 10-15, 17, 19, 21 are pending.
Applicant’s arguments and amendments to the claims with respect to rejections of Claims 10-15, 17, 19, 21 under 35 USC 101 have been fully considered and are persuasive. The rejections of Claims 10-15, 17, 19, 21 under 35 USC 101 have been withdrawn.
Applicant’s arguments and amendments to the claims with respect to prior art rejections of Claims 10-15, 17, 19, 21 under 35 USC 102 have been fully considered and are persuasive. The rejections of Claims 10-15, 17, 19, 21 under 35 USC 102 have been withdrawn. However, upon further consideration, a new rejection is made in view of Kobilarov et al ( US 20220250646, hereinafter Kobilarov).
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.
Claim(s) 10-15, 17, 19, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gautama et al (US 20160084661, hereinafter Gautama) in view of Kobilarov et al ( US 20220250646, hereinafter Kobilarov).
Regarding Claim 10, Gautama teaches:
a method for assisting a driver of a vehicle when traveling on a predetermined route course in road traffic (see at least " The performance driving system and method described herein may be used to gather information during performance driving events and to provide feedback to a driver so as to enhance the driving experience, such as real-time or on-track visual feedback delivered via an augmented reality device." in par. 0011) , the method comprising:
receiving ideal-line data, which describes an ideal line of a travel path of the vehicle in a region of the predetermined route course, wherein the travel path runs within a lane (see at least "The recommended driving line 202, on the other hand, represents the ideal or optimum driving line or path based on the current driving scenario, such as vehicle location, vehicle speed, vehicle acceleration, yaw rate, current gear selection, braking status, vehicle stability, steering angle, and/or environmental or weather conditions, to cite a few." in par. 0041);
receiving surroundings data, which describes a surrounding area of the vehicle, through which surrounding area runs the travel path described by the ideal-line data and determining at least one characteristic route-course point based on the ideal-line data and the surroundings data (see at least "If the vehicle 10 is being driven on a track or course with other vehicles, the method may consider the presence of other target vehicles before recommending driving lines to the driver. In such a scenario, step 104 gathers target vehicle signals from the target vehicle sensors 40-42, where the signals provide information about one or more surrounding vehicles, stationary objects like guardrails or debris in the road, or a combination thereof. This information may then be used by the method to alter or adjust the recommended driving lines to take such objects into account. " in par. 0036) ;
localizing the at least one characteristic route-course point in terms of a relative position of the vehicle (see at least "In FIG. 3, the predicted driving line 200 is the extrapolated or anticipated driving path for the vehicle 10; put differently, if the vehicle were to stay on its present course under the present conditions, it would likely follow the predicted driving line 200. Thus, system 12 uses one or more of the various inputs gathered in step 102 to generate the predicted driving line 200, and then projects the predicted line onto the vehicle windshield 90 so that the driver can easily see the current path that they are on. " in par. 0040 and “In the exemplary illustration in FIG. 3, the recommended driving line 202 is projected on windshield 90 and is located on the inside of the predicted driving line 200, thereby indicating that the driver is somewhat understeering the vehicle in this particular turn.” In par. 0041); and
providing relative-position data, which describes the relative position of the vehicle in relation to the at least one characteristic route-course point to a notification apparatus including at least one of a head-up display, a speaker, or a vibration apparatus, which is disposed in the vehicle (see at least "For example, if the predicted driving line 200 and the recommended driving line 202 deviate by more than some predetermined amount (i.e., the lateral distance between these two lines exceeded some threshold), then the performance driving system 12 could send an alert to the driver in one of a number of different ways. The alert could be in the form of a textual message, one or both of the driving lines could change colors (e.g., they could turn red), a border or perimeter around the display could flash, or any other suitable technique to notify the driver that these driving lines had deviated by more than a recommended amount. This type of alert or information could be conveyed to the driver via the augmented reality device 70, the visual display unit 72, the audible alert unit 74, the haptic alert unit 76 or some combination thereof. Of course, the aforementioned alerts could also be used to address deviations between the other driving lines, such as between the predicted driving line 200 and the ideal driving line (not shown) or between the recommended driving line 202 and the ideal driving line, just as well. If the driver follows the recommended driving line, it is possible for the predicted and recommended driving lines 200 and 202 to overlap or merge with one another on the display being projected on the windshield 90. This scenario too could be conveyed to the driver via one or more of the alerts listed above." in par. 0043) ;
wherein the relative-position data describes the relative position of the vehicle in relation to the at least one characteristic route-course point based on a predicted lateral distance and wherein the predicted lateral distance describes a distance between the vehicle and the at least one characteristic route-course point expected between the vehicle and the at least one characteristic route-course point when the at least one characteristic route-course point is passed (see at least " Another potential feature of the performance driving system 12 involves a comparison of one or more of the virtual driving lines mentioned above. Step 120 may compare the predicted driving line 200 of the vehicle to the recommended driving line 202, and then provide an alert or indication to the driver based on that comparison. For example, if the predicted driving line 200 and the recommended driving line 202 deviate by more than some predetermined amount (i.e., the lateral distance between these two lines exceeded some threshold), then the performance driving system 12 could send an alert to the driver in one of a number of different ways. " in par. 0043)
Gautama does not appear to explicitly teach all of the following, but Kobilarov does teach:
reducing the ideal-line data from the ideal line to at least one characteristic route-course point based on the ideal-line data and the surroundings data (see at least "The route-relative position 212 can therefore be determined as the lateral offset of the current position 210 from a nearest position defined by the route 104. For this reason, FIG. 2 depicts route-relative positions as lateral offsets from the route 104. Note that a lateral offset can be defined as the distance along a lateral reference vector 214, which may be the corresponding lateral component of the route rotation at a closest position and corresponding arc length on the route 104—i.e., an orthonormal basis vector e.sub.2 modified by the particular rotation at that arc length." in par. 0045)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Gautama to incorporate the teachings of Kobilarov wherein the closest position along the ideal route is found and the lateral position of the vehicle is compared to it. The motivation to incorporate the teachings of Kobilarov would be to reduce the computational load of evaluating the vehicle motion relative to the route (see par. 0021)
Regarding Claim 11, Gautama as modified by Kobilarov (references to Gautama) teaches:
the method according to claim 10,
wherein feedback data, which describes the passing of the at least one characteristic route-course point, is provided. (see at least " For example, if the predicted driving line 200 and the recommended driving line 202 deviate by more than some predetermined amount (i.e., the lateral distance between these two lines exceeded some threshold), then the performance driving system 12 could send an alert to the driver in one of a number of different ways. The alert could be in the form of a textual message, one or both of the driving lines could change colors (e.g., they could turn red), a border or perimeter around the display could flash, or any other suitable technique to notify the driver that these driving lines had deviated by more than a recommended amount. " in par. 0043)
Regarding Claim 12, Gautama as modified by Kobilarov (references to Gautama) teaches:
the method according to claim 11, wherein the feedback data also describes an actual lateral distance between the vehicle and the at least one characteristic route-course point when the at least one characteristic route-course point is passed. (see at least " Of course, the aforementioned alerts could also be used to address deviations between the other driving lines, such as between the predicted driving line 200 and the ideal driving line (not shown) or between the recommended driving line 202 and the ideal driving line, just as well. If the driver follows the recommended driving line, it is possible for the predicted and recommended driving lines 200 and 202 to overlap or merge with one another on the display being projected on the windshield 90. This scenario too could be conveyed to the driver via one or more of the alerts listed above.” In par. 0043)
Regarding Claim 13, Gautama as modified by Kobilarov (references to Gautama) teaches:
A computing device for a vehicle (see at least " Control module 60 is coupled to vehicle sensors 20-36, exterior sensors 40-44, driver sensors 50-52, output devices 70-82 and/or any other components, devices, modules, systems, etc. on the vehicle 10. " in par. 0031) , the computing device being configured to perform a method according to claim 10 (see Claim 10 analysis).
Regarding Claim 14, Gautama as modified by Kobilarov (references to Gautama) teaches:
a non-transitory computer-readable storage medium comprising commands which, on execution by a computing device (see at least " Control module 60 also includes an electronic processing device 64 (e.g., a microprocessor, a microcontroller, an application specific integrated circuit (ASIC), etc.) that executes instructions for software, firmware, programs, algorithms, scripts, etc. that are stored in memory device 62 and may partially govern the processes and methods described herein. " in par. 0025) , cause the computing device to perform a method according to claim 10 (see Claim 10 analysis).
Regarding Claim 15, Gautama teaches:
an assistance system for a vehicle (see at least " a performance driving system 12 " in par. 0012 ) , the assistance system comprising:
a computing device (see at least " Control module 60 is coupled to vehicle sensors 20-36, exterior sensors 40-44, driver sensors 50-52, output devices 70-82 and/or any other components, devices, modules, systems, etc. on the vehicle 10. " in par. 0031) configured to execute a program to:
receive ideal-line data, which describes a travel path of the vehicle in a region of the predetermined route course, wherein the travel path runs within a lane (see at least "The recommended driving line 202, on the other hand, represents the ideal or optimum driving line or path based on the current driving scenario, such as vehicle location, vehicle speed, vehicle acceleration, yaw rate, current gear selection, braking status, vehicle stability, steering angle, and/or environmental or weather conditions, to cite a few." in par. 0041);
receive surroundings data, which describes a surrounding area of the vehicle, through which surrounding area runs the travel path described by the ideal-line data and determine at least one characteristic route-course point based on the ideal-line data and the surroundings data (see at least "If the vehicle 10 is being driven on a track or course with other vehicles, the method may consider the presence of other target vehicles before recommending driving lines to the driver. In such a scenario, step 104 gathers target vehicle signals from the target vehicle sensors 40-42, where the signals provide information about one or more surrounding vehicles, stationary objects like guardrails or debris in the road, or a combination thereof. This information may then be used by the method to alter or adjust the recommended driving lines to take such objects into account. " in par. 0036);
localize the at least one characteristic route-course point in terms of a relative position of the vehicle (see at least "In FIG. 3, the predicted driving line 200 is the extrapolated or anticipated driving path for the vehicle 10; put differently, if the vehicle were to stay on its present course under the present conditions, it would likely follow the predicted driving line 200. Thus, system 12 uses one or more of the various inputs gathered in step 102 to generate the predicted driving line 200, and then projects the predicted line onto the vehicle windshield 90 so that the driver can easily see the current path that they are on. " in par. 0040 and “In the exemplary illustration in FIG. 3, the recommended driving line 202 is projected on windshield 90 and is located on the inside of the predicted driving line 200, thereby indicating that the driver is somewhat understeering the vehicle in this particular turn.” In par. 0041); and
provide relative-position data, which describes the relative position of the vehicle in relation to the at least one characteristic route-course point to a notification apparatus including at least one of a head-up display, a speaker, or a vibration apparatus, which is disposed in the vehicle (see at least " For example, if the predicted driving line 200 and the recommended driving line 202 deviate by more than some predetermined amount (i.e., the lateral distance between these two lines exceeded some threshold), then the performance driving system 12 could send an alert to the driver in one of a number of different ways. The alert could be in the form of a textual message, one or both of the driving lines could change colors (e.g., they could turn red), a border or perimeter around the display could flash, or any other suitable technique to notify the driver that these driving lines had deviated by more than a recommended amount. This type of alert or information could be conveyed to the driver via the augmented reality device 70, the visual display unit 72, the audible alert unit 74, the haptic alert unit 76 or some combination thereof. Of course, the aforementioned alerts could also be used to address deviations between the other driving lines, such as between the predicted driving line 200 and the ideal driving line (not shown) or between the recommended driving line 202 and the ideal driving line, just as well. If the driver follows the recommended driving line, it is possible for the predicted and recommended driving lines 200 and 202 to overlap or merge with one another on the display being projected on the windshield 90. This scenario too could be conveyed to the driver via one or more of the alerts listed above." in par. 0043)
wherein the relative-position data is provided in such a way that the relative-position data describes the relative position of the vehicle in relation to the at least one characteristic route-course point based on a predicted lateral distance and wherein the predicted lateral distance describes a distance between the vehicle and the at least one characteristic route-course point expected between the vehicle and the at least one characteristic route-course point when the at least one characteristic route-course point is passed; (see at least "Another potential feature of the performance driving system 12 involves a comparison of one or more of the virtual driving lines mentioned above. Step 120 may compare the predicted driving line 200 of the vehicle to the recommended driving line 202, and then provide an alert or indication to the driver based on that comparison. For example, if the predicted driving line 200 and the recommended driving line 202 deviate by more than some predetermined amount (i.e., the lateral distance between these two lines exceeded some threshold), then the performance driving system 12 could send an alert to the driver in one of a number of different ways. " in par. 0043)
a non-transitory computer-readable storage medium in which the program is stored (see at least " Control module 60 also includes an electronic processing device 64 (e.g., a microprocessor, a microcontroller, an application specific integrated circuit (ASIC), etc.) that executes instructions for software, firmware, programs, algorithms, scripts, etc. that are stored in memory device 62 and may partially govern the processes and methods described herein. " in par. 0025)
a notification apparatus configured to inform a driver of the vehicle, based on the relative-position data and/or the feedback data, about the predicted lateral distance and/or the actual lateral distance and/or about the passing of the at least one characteristic route-course point. (see at least "The alert could be in the form of a textual message, one or both of the driving lines could change colors (e.g., they could turn red), a border or perimeter around the display could flash, or any other suitable technique to notify the driver that these driving lines had deviated by more than a recommended amount. This type of alert or information could be conveyed to the driver via the augmented reality device 70, the visual display unit 72, the audible alert unit 74, the haptic alert unit 76 or some combination thereof. " in par. 0043 )
Gautama does not appear to explicitly teach all of the following, but Kobilarov does teach:
reduce the ideal-line data from the ideal line to at least one characteristic route-course point based on the ideal-line data and the surroundings data (see at least "The route-relative position 212 can therefore be determined as the lateral offset of the current position 210 from a nearest position defined by the route 104. For this reason, FIG. 2 depicts route-relative positions as lateral offsets from the route 104. Note that a lateral offset can be defined as the distance along a lateral reference vector 214, which may be the corresponding lateral component of the route rotation at a closest position and corresponding arc length on the route 104—i.e., an orthonormal basis vector e.sub.2 modified by the particular rotation at that arc length." in par. 0045)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system taught by Gautama to incorporate the teachings of Kobilarov wherein the closest position along the ideal route is found and the lateral position of the vehicle is compared to it. The motivation to incorporate the teachings of Kobilarov would be to reduce the computational load of evaluating the vehicle motion relative to the route (see par. 0021)
Regarding Claim 17, Gautama as modified by Kobilarov (references to Gautama) teaches:
the assistance system according to claim 15, wherein the notification apparatus is configured to inform the driver about the predicted lateral distance and/or the actual lateral distance via simulated road feedback. (see at least "The haptic alert unit 76 can provide haptic or tactile feedback through interior components of the vehicle, such as the steering wheel or the driver seat. For example, the haptic alert unit 76 can be integrated within the driver's seat and can generate vibrations or other disturbances in response to haptic alert control signals from the control module 60 to inform the driver that he or she has missed a recommended acceleration or braking point or that the driver is deviating from a recommended path. A haptic response on the left side of the driver's seat could be used when the driver begins to edge outside the ideal path to the left, while a haptic response on the right side of the seat could indicate deviation on the right side of the ideal path. Other embodiments and implementations of these devices are certainly possible." in par. 0030 )
Regarding Claim 19, Gautama as modified by Kobilarov (references to Gautama) teaches:
the assistance system according to claim 15,
further comprising a driving-style analysis apparatus, which is configured to record and/or analyze the relative-position data and/or the feedback data during travel on the predetermined route course. (see at least "The performance driving system can also gather and save relevant driving information with a data storage device (e.g., a cloud-based database) so that it can be further analyzed and reviewed at a later time." in par. 0011)
Regarding Claim 21, Gautama as modified by Kobilarov (references to Gautama) teaches:
the assistance system according to claim 17, further comprising
a driving-style analysis apparatus, which is configured to record and/or analyze the relative-position data and/or the feedback data during travel on the predetermined route course. (see at least "the performance driving system can also gather and save relevant driving information with a data storage device (e.g., a cloud-based database) so that it can be further analyzed and reviewed at a later time." in par. 0011)
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 DYLAN M KATZ whose telephone number is (571)272-2776. The examiner can normally be reached Mon-Thurs. 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached on (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DYLAN M KATZ/Examiner, Art Unit 3657
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