CTFR 18/853,454 CTFR 98713 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This Office Action is in response to the application filed on 24 March 2026. Claims 11-14, and 16-20 are presently pending and are presented for examination. Claims 1-10 and 15 are cancelled. Response to Amendments In response to Applicant’s amendments dated 24 March 2026, Examiner withdraws the previous objections to the claims; withdraws the previous 35 U.S.C. 112(b) rejections; and maintains the previous prior art rejections. Response to Arguments Applicant's arguments, see Remarks filed 24 March 2026, have been fully considered but they are not persuasive. Applicant argues, see Remarks pg. 6-7, that US-20190092338-A1 (“Tsukasaki”) does not disclose or teach the amended limitations of the independent claims. Specifically, the amended limitations recite sensor signals describing a time series and the sensor signals are compared to a predetermined signal pattern to check a defined safe operating state. Examiner respectfully disagrees. Tsukasaki discloses an autonomous vehicle that uses “road surface state detectors” to detect the roughness of a road surface (see Tsukasaki, para. 0070) while the vehicle is being driven and then compares the results of the road surface state detectors against road roughness thresholds (see Tsukasaki, para. 0043). The comparison is then used to proactively control vibrations in the vehicle when it encounters rough road conditions, in order to improve vehicle safety (see Tsukasaki, para. 0064-0065). The autonomous vehicle system and method disclosed by Tsukasaki must necessarily use time series sensor data in order to continuously sense a road surface while a vehicle is in motion and then proactively control actuators in the autonomous vehicle when the vehicle reaches the road locations that were previously detected by its sensors. For these reasons, examiner is unpersuaded and maintains the corresponding rejections. Additionally, examiner has provided an alternative rejection for the amended independent claims, located in the Claim Rejections - 35 USC § 103 section, below. The remaining arguments are essentially the same as those addressed above and/or below and are unpersuasive for at least the same reasons. Therefore, examiner is unpersuaded and maintains the corresponding rejections. Priority Acknowledgement is made of applicant’s claim for foreign priority based on an application DE10 2022 108 787.5 filed in Federal Republic of Germany on 11 April 2022. Applicant cannot rely upon the certified copy of the foreign priority application to overcome potential future rejections made using references falling between the filing date and the foreign priority date, because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216. No action is required by Applicant at this time. Claim Objections 07-29-01 AIA Claim (s) 11, 18, and 20 is/are objected to because of the following informalities: Claim 11: “ defines the defined safe operating state as a function of the plurality of received sensor signals; wherein the plurality of received sensor signals describes a time series of the received sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state ” should likely read “defines the defined safe operating state as a function of the plurality of received sensor signals; wherein the plurality of received sensor signals describes a time series of the received plurality of sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state”; Claim 18: “ defining the predetermined safe operating state as a function of the plurality of received sensor signals; wherein the plurality of received sensor signals describes a time series of the received sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state ” should likely recite “defining the predetermined safe operating state as a function of the plurality of received sensor signals; wherein the plurality of received sensor signals describes a time series of the received plurality of sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state”; and Claim 20: “ defines the defined safe operating state as a function of the plurality of received sensor signals; and wherein the plurality of received sensor signals describes a time series of the received sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state ” should likely recite “defines the defined safe operating state as a function of the plurality of received sensor signals; and wherein the plurality of received sensor signals describes a time series of the received plurality of sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state” . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim(s) 18-19 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 18 recites the limitation " the defined safe operating state " in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim. As claim 19 depends on claim 18, it is similarly rejected. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 11-12, 14, 16-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US-20190092338-A1, hereinafter “Tsukasaki.” Regarding claim 11, and analogous claims 18 and 20 : Tsukasaki discloses A method for monitoring an at least highly automated driving mode of a vehicle (Tsukasaki, FIG. 4-6), the method comprising: Regarding claims 18 and 20 , Tsukasaki discloses a computing device for a driver assistance system of a vehicle (Tsukasaki, para. 0093: “The traveling controller 10 [i.e., computing device ] illustrated in FIGS. 1 and 7 is implementable by circuitry including at least one semiconductor integrated circuit such as at least one processor (e.g., a central processing unit (CPU)), at least one application specific integrated circuit (ASIC), and/or at least one field programmable gate array (FPGA).”) and a computer product comprising a non-transitory computer readable medium have program code executed by a computing device (Tsukasaki, para. 0093: “At least one processor is configurable, by reading instructions from at least one machine readable non-transitory tangible medium, to perform all or a part of functions of the traveling controller 10.”). activating the at least highly automated driving mode of the vehicle (Tsukasaki, para. 0004: “A necessity of conveying the vibration to the driver decreases during execution of an automatic driving control which causes the vehicle to travel automatically along a target course and techniques of which have been developed in recent years.”; para. 0020: “The traveling controller 10 may include an automatic driving controller 11 that executes an automatic driving control under which a vehicle automatically travels along a target course, and a control state detector 12 that detects a state of execution of the automatic driving control. The traveling controller 10 may also be a controller that executes main controls of the vehicle, including the automatic driving control. Non-limiting examples of controls executed by the traveling controller 10 may include: an engine control under which an operational state of an engine in the vehicle is controlled; a brake control under which a brake device for four wheels is controlled; and a steering control under which a later-described electric power steering (EPS) motor 62 is controlled.”); checking whether a defined safe operating state of the vehicle is provided during the at least highly automated driving mode (Tsukasaki, para. 0006: “An aspect of the technology provides a conveyance amount controlling apparatus that includes: a control state detector configured to detect a state of execution of an automatic driving control, in which the automatic driving control controls a vehicle to travel automatically along a target course [i.e., during the at least highly automated driving mode ]; a road surface state detector configured to detect a state of a road surface on which the vehicle travels [i.e., checking whether a defined safe operating state of the vehicle is provided ]; and at least one conveyance amount controller configured to control an amount of information, representing the state of the road surface, to be conveyed to a driver of the vehicle. The road surface state detector is configured to detect, when the execution of the automatic driving control is detected by the control state detector, a road surface state amount that has a correspondence relationship with an irregularity of the road surface.”); initiating a deactivation of the at least highly automated driving mode when the defined safe operating state is not provided (Tsukasaki, para. 0057: “…a warning notifying that the road surface state amount equal to or greater than the first threshold TH1 is detected [i.e., when the defined safe operating state is not provided ], or that the local road surface state amount equal to or greater than the second threshold TH2 is detected [i.e., when the defined safe operating state is not provided ]; a warning notifying that the state of the road surface 110 may possibly deteriorate [i.e., when the defined safe operating state is not provided ]; and a warning prompting the driver to discontinue the automatic driving control and drive manually [i.e., initiating a deactivation of the at least highly automated driving mode ].”); and maintaining the at least highly automated driving mode when the defined safe operating state is provided (Tsukasaki, para. 0028: “On the basis of a result of the recognition performed by the external environment recognizer 21 and the pieces of information acquired by the navigation device 31, the vehicle-to-vehicle communicator 41, and the road-to-vehicle communicator 42, the automatic driving controller 11 may execute drive assist controls, such as a collision prevention control for prevention of a contact with an obstacle or any other object, a constant speed traveling control, a follow-up traveling control, a lane keeping control, a lane departure prevention control, or a lane change control. In addition, the automatic driving controller 11 may execute the automatic driving control in which two or more of these controls are executed in collaboration with one another.”), wherein the method receives a plurality of sensor signals which describes a vertical dynamic of the vehicle (Tsukasaki, para. 0021: “The external environment recognizer 21 may have functions of recognizing an external environment of the vehicle. Specific but non-limiting examples of the functions of recognizing the external environment of the vehicle may include: a function of recognizing a state of a road surface on which the vehicle travels [i.e., which describes a vertical dynamic of the vehicle ]; and a function of recognizing presence, a position, motion, and/or any other factor of an object on or around a road. The external environment of the vehicle may be recognized by a sensor coupled to the external environment recognizer 21 [i.e., receives at least one sensor signal ]. In an example implementation, a camera device 22, such as a stereo camera, a monocular camera, or a color camera, may be used as the sensor. In an example implementation where the camera device 22 is used, the external environment recognizer 21 may recognize the external environment by subjecting an image captured by the camera device 22 to image processing, for example. The sensor, however, is not limited to the camera device 22; in an example implementation, a radar device such as millimeter wave radar or LiDAR may be used.”; para. 0070: “One of the plurality of road surface state detectors [i.e., describes a vertical dynamic of the vehicle ] may be the external environment recognizer 21. In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors, a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 [i.e., a plurality of sensor signals which describes a vertical dynamic of the vehicle ] provided for the vehicle body 100 illustrated in FIG. 2, and the steering angle sensor 63.”), and defines the defined safe operating state as a function of the a plurality of received sensor signals (Tsukasaki, para. 0033: “In an example implementation, the road surface state detector may be the external environment recognizer 21. The external environment recognizer 21 may recognize the irregularity of the road surface on which the vehicle travels [i.e., defines the defined safe operating state ], on the basis of the image captured by the camera device 22 [i.e., as a function of the at least one received sensor signal ]. Further, the external environment recognizer 21 may detect the road surface state amount and the local road surface state amount, on the basis of a result of the thus-performed recognition.”; para. 0043: “The conveyance amount controlling apparatus 1 may further include a comparing unit 13 and a deciding unit 14. The comparing unit 13 may compare the road surface state amount and the local road surface state amount with their predetermined thresholds [i.e., defines the defined safe operating state as a function of the a plurality of received sensor signals ]. The deciding unit 14 may decide the vibration conveyance amount. In an example implementation, the traveling controller 10 may include the comparing unit 13 and the deciding unit 14 as illustrated in FIG. 1. The shock absorber 52 and the EPS motor 62 each may control the vibration conveyance amount in accordance with the decision of the deciding unit 14.”; para. 0070: “In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors, a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 [i.e., a function of the a plurality of received sensor signals ] provided for the vehicle body 100 illustrated in FIG. 2, and the steering angle sensor 63.”); wherein the plurality of received sensor signals describes a time series of the received sensor signals, and the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state (Tsukasaki, para. 0065: “Further, an example implementation may use, as the road surface state detector, the external environment recognizer 21 that uses the camera device 22. This detects the state of the road surface 110 ahead of the vehicle, making it possible to change the vibration conveyance amounts before the state of the road surface 110 actually deteriorates [i.e., the time series of the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state ].”; para. 0070: “In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors [i.e., the plurality of received sensor signals ], a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 provided for the vehicle body 100 illustrated in FIG. 2, and the steering angle sensor 63.”; para. 0043: “The conveyance amount controlling apparatus 1 may further include a comparing unit 13 and a deciding unit 14. The comparing unit 13 may compare the road surface state amount and the local road surface state amount with their predetermined thresholds [i.e., compared to at least one predetermined signal pattern to check the defined safe operating state ].”). Regarding claim 12 : Tsukasaki discloses The method according to claim 11 , wherein activating the at least highly automated driving mode is initiated if a journey of the vehicle on a predetermined surface and/or a non-permitted road class is recognized based on the plurality of sensor signals (Tsukasaki, para. 0021: “The external environment of the vehicle may be recognized by a sensor coupled to the external environment recognizer 21 [i.e., based on the plurality of sensor signals ]. In an example implementation, a camera device 22, such as a stereo camera, a monocular camera, or a color camera, may be used as the sensor. In an example implementation where the camera device 22 is used, the external environment recognizer 21 may recognize the external environment by subjecting an image captured by the camera device 22 to image processing, for example. The sensor, however, is not limited to the camera device 22; in an example implementation, a radar device such as millimeter wave radar or LiDAR may be used.”; para. 0028: “On the basis of a result of the recognition performed by the external environment recognizer 21 [i.e., initiated if a journey of the vehicle on a predetermined surface and/or a non-permitted road class is recognized based on the plurality of sensor signals ] and the pieces of information acquired by the navigation device 31 [i.e., a journey of the vehicle on a predetermined surface and/or a non-permitted road class is recognized based on the at least one sensor signal ], the vehicle-to-vehicle communicator 41, and the road-to-vehicle communicator 42, the automatic driving controller 11 may execute drive assist controls [i.e., activating the at least highly automated driving mode ], such as a collision prevention control for prevention of a contact with an obstacle or any other object, a constant speed traveling control, a follow-up traveling control, a lane keeping control, a lane departure prevention control, or a lane change control. In addition, the automatic driving controller 11 may execute the automatic driving control in which two or more of these controls are executed in collaboration with one another.”). Regarding claim 14 : Tsukasaki discloses The method according to claim 11 , wherein the plurality of sensor signals describes a spring deflection of a shock absorber of the vehicle, an acceleration, and/or a surrounding area of the vehicle detected using a surroundings sensor (Tsukasaki, para. 0021: “The external environment of the vehicle may be recognized by a sensor coupled to the external environment recognizer 21. In an example implementation, a camera device 22, such as a stereo camera, a monocular camera, or a color camera, may be used as the sensor [i.e., plurality of sensor signals describes…a surrounding area of the vehicle detected using a surroundings sensor ]. In an example implementation where the camera device 22 is used, the external environment recognizer 21 may recognize the external environment by subjecting an image captured by the camera device 22 to image processing, for example. The sensor, however, is not limited to the camera device 22; in an example implementation, a radar device such as millimeter wave radar or LiDAR may be used.”; para. 0070: “In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors, a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 provided for the vehicle body [i.e., plurality of sensor signals describes a spring deflection of a shock absorber of the vehicle, an acceleration… ] 100 illustrated in FIG. 2, and the steering angle sensor 63.”). Regarding claim 16 : Tsukasaki discloses The method according to claim 11 , wherein the at least one predetermined signal pattern describes the vertical dynamic of the vehicle during a journey on a road having a specific road class (Tsukasaki, para. 0031: “The road surface state detector detects a road surface state amount, when the execution of the automatic driving control is detected by the control state detector 12. The road surface state amount has a correspondence relationship with the irregularity of the road surface. In an example implementation, the road surface state amount may be defined on the basis of a size of a plurality of convexes and a size of a plurality of concaves in a predetermined region of the road surface, and may be a value that represents roughness of the road surface. For example, the road surface state amount may be an average of a height of the plurality of convexes and a depth of the plurality of concaves both relative to a reference plane of the road surface.”). Regarding claim 17 : Tsukasaki discloses The method according to claim 11 , wherein to initiate the deactivating of the at least highly automated driving mode, a takeover request is output to a driver of the vehicle (Tsukasaki, para. 0025: “The alarm device 43 may provide the driver with a warning and notification. The alarm device 43 may include a visual output device such as a monitor, a display, or an alarm lamp, and an auditory output device such as a speaker or a buzzer. For example, the alarm device 43 may give a warning to the driver by means of one or both of the visual output device and the auditory output device, when an abnormality occurs in any of various devices provided in the vehicle, or when a situation arises that requires the driver's control during the execution of the automatic driving control [i.e., a takeover request is output to a driver of the vehicle ].”; para. 0057: “In an example procedure illustrated in FIG. 6, first, the alarm device 43 may give a predetermined warning to the driver in step S31. Non-limiting examples of the predetermined warning may include: a warning notifying that the road surface state amount equal to or greater than the first threshold TH1 is detected, or that the local road surface state amount equal to or greater than the second threshold TH2 is detected; a warning notifying that the state of the road surface 110 may possibly deteriorate; and a warning prompting the driver to discontinue the automatic driving control and drive manually [i.e., initiate the deactivating of the at least highly automated driving mode , a takeover request is output to a driver of the vehicle ].”). Regarding claim 19 : Tsukasaki discloses A driver assistance system for a vehicle, comprising: a computing device according to claim 18 (Tsukasaki, See claim analysis for claims 11, 18, and 20, above.), wherein the driver assistance system is configured for maneuvering the vehicle at least in a highly automated manner (Tsukasaki, para. 0020: “The traveling controller 10 may include an automatic driving controller 11 that executes an automatic driving control under which a vehicle automatically travels along a target course, and a control state detector 12 that detects a state of execution of the automatic driving control. The traveling controller 10 may also be a controller that executes main controls of the vehicle, including the automatic driving control. Non-limiting examples of controls executed by the traveling controller 10 may include: an engine control under which an operational state of an engine in the vehicle is controlled; a brake control under which a brake device for four wheels is controlled; and a steering control under which a later-described electric power steering (EPS) motor 62 is controlled.”) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-22-aia AIA Claim (s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsukasaki , as applied to claim 11 above, and further in view of US-20110282516-A1, hereinafter “Lich.” Regarding claim 13 : Tsukasaki discloses The method according to claim 11 , wherein deactivating the at least highly automated driving mode but does not appear to explicitly disclose the following: wherein deactivating the at least highly automated driving mode is initiated if a deviation of the vehicle from a roadway is recognized based on the plurality of sensor signals . However, in the same field of endeavor, Lich teaches: wherein deactivating the at least highly automated driving mode is initiated if a deviation of the vehicle from a roadway is recognized based on the plurality of sensor signals (Lich, para. 0020: “The present invention is based on the knowledge that it is possible to detect the driving condition “departing from the paved roadway” on the basis of characteristic signal patterns from one or a plurality of sensors [i.e., a deviation of the vehicle from a roadway is recognized based on the plurality of sensor signals plurality of sensor signals ]. The sensors may be disposed in the dampers of the four wheel suspensions of the vehicle, for example. In this way, the driving condition “departing from the paved roadway” can be detected independently of forward-looking systems such as cameras, for example, and may be used in subsequent applications and devices to protect the vehicle and the passengers.”). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Tsukasaki, with the concept of using at least one sensor to determine that a vehicle deviates or departs from a roadway, taught by Lich, in order to maintain vehicle safety by detecting unsafe roadway departures (Lich, para. 0007: “Another class of protective measures involves preventing a departure from the roadway through active safety systems, such as ESP, for example. Such safety systems intervene, for example, when the vehicle starts skidding.”; Note: It would be obvious to one of ordinary skill in the art, at the time of the application, to know that a SAE Level 3 autonomous vehicle, operating in an autonomous control mode, would issue a takeover request to a human driver (to begin a manual control mode) when there is an emergency or the autonomous vehicle has entered a condition that is outside the operational design domain, i.e., deviating from a roadway. See “Defining the 6 Levels of Self-Driving Autonomy” by Carlos M. González, Pub. 2021). Alternatively, claim(s) 11, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsukasaki and further in view of KR-20200063310-A, hereinafter “So”. Regarding claim 11, and analogous claims 18 and 20 : Tsukasaki discloses A method for monitoring an at least highly automated driving mode of a vehicle (Tsukasaki, FIG. 4-6), the method comprising: Regarding claims 18 and 20 , Tsukasaki discloses a computing device for a driver assistance system of a vehicle (Tsukasaki, para. 0093: “The traveling controller 10 [i.e., computing device ] illustrated in FIGS. 1 and 7 is implementable by circuitry including at least one semiconductor integrated circuit such as at least one processor (e.g., a central processing unit (CPU)), at least one application specific integrated circuit (ASIC), and/or at least one field programmable gate array (FPGA).”) and a computer product comprising a non-transitory computer readable medium have program code executed by a computing device (Tsukasaki, para. 0093: “At least one processor is configurable, by reading instructions from at least one machine readable non-transitory tangible medium, to perform all or a part of functions of the traveling controller 10.”). activating the at least highly automated driving mode of the vehicle (Tsukasaki, para. 0004: “A necessity of conveying the vibration to the driver decreases during execution of an automatic driving control which causes the vehicle to travel automatically along a target course and techniques of which have been developed in recent years.”; para. 0020: “The traveling controller 10 may include an automatic driving controller 11 that executes an automatic driving control under which a vehicle automatically travels along a target course, and a control state detector 12 that detects a state of execution of the automatic driving control. The traveling controller 10 may also be a controller that executes main controls of the vehicle, including the automatic driving control. Non-limiting examples of controls executed by the traveling controller 10 may include: an engine control under which an operational state of an engine in the vehicle is controlled; a brake control under which a brake device for four wheels is controlled; and a steering control under which a later-described electric power steering (EPS) motor 62 is controlled.”); checking whether a defined safe operating state of the vehicle is provided during the at least highly automated driving mode (Tsukasaki, para. 0006: “An aspect of the technology provides a conveyance amount controlling apparatus that includes: a control state detector configured to detect a state of execution of an automatic driving control, in which the automatic driving control controls a vehicle to travel automatically along a target course [i.e., during the at least highly automated driving mode ]; a road surface state detector configured to detect a state of a road surface on which the vehicle travels [i.e., checking whether a defined safe operating state of the vehicle is provided ]; and at least one conveyance amount controller configured to control an amount of information, representing the state of the road surface, to be conveyed to a driver of the vehicle. The road surface state detector is configured to detect, when the execution of the automatic driving control is detected by the control state detector, a road surface state amount that has a correspondence relationship with an irregularity of the road surface.”); initiating a deactivation of the at least highly automated driving mode when the defined safe operating state is not provided (Tsukasaki, para. 0057: “…a warning notifying that the road surface state amount equal to or greater than the first threshold TH1 is detected [i.e., when the defined safe operating state is not provided ], or that the local road surface state amount equal to or greater than the second threshold TH2 is detected [i.e., when the defined safe operating state is not provided ]; a warning notifying that the state of the road surface 110 may possibly deteriorate [i.e., when the defined safe operating state is not provided ]; and a warning prompting the driver to discontinue the automatic driving control and drive manually [i.e., initiating a deactivation of the at least highly automated driving mode ].”); and maintaining the at least highly automated driving mode when the defined safe operating state is provided (Tsukasaki, para. 0028: “On the basis of a result of the recognition performed by the external environment recognizer 21 and the pieces of information acquired by the navigation device 31, the vehicle-to-vehicle communicator 41, and the road-to-vehicle communicator 42, the automatic driving controller 11 may execute drive assist controls, such as a collision prevention control for prevention of a contact with an obstacle or any other object, a constant speed traveling control, a follow-up traveling control, a lane keeping control, a lane departure prevention control, or a lane change control. In addition, the automatic driving controller 11 may execute the automatic driving control in which two or more of these controls are executed in collaboration with one another.”), wherein the method receives a plurality of sensor signals which describes a vertical dynamic of the vehicle (Tsukasaki, para. 0021: “The external environment recognizer 21 may have functions of recognizing an external environment of the vehicle. Specific but non-limiting examples of the functions of recognizing the external environment of the vehicle may include: a function of recognizing a state of a road surface on which the vehicle travels [i.e., which describes a vertical dynamic of the vehicle ]; and a function of recognizing presence, a position, motion, and/or any other factor of an object on or around a road. The external environment of the vehicle may be recognized by a sensor coupled to the external environment recognizer 21 [i.e., receives at least one sensor signal ]. In an example implementation, a camera device 22, such as a stereo camera, a monocular camera, or a color camera, may be used as the sensor. In an example implementation where the camera device 22 is used, the external environment recognizer 21 may recognize the external environment by subjecting an image captured by the camera device 22 to image processing, for example. The sensor, however, is not limited to the camera device 22; in an example implementation, a radar device such as millimeter wave radar or LiDAR may be used.”; para. 0070: “One of the plurality of road surface state detectors [i.e., describes a vertical dynamic of the vehicle ] may be the external environment recognizer 21. In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors, a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 [i.e., a plurality of sensor signals which describes a vertical dynamic of the vehicle ] provided for the vehicle body 100 illustrated in FIG. 2, and the steering angle sensor 63.”), and defines the defined safe operating state as a function of the a plurality of received sensor signals (Tsukasaki, para. 0033: “In an example implementation, the road surface state detector may be the external environment recognizer 21. The external environment recognizer 21 may recognize the irregularity of the road surface on which the vehicle travels [i.e., defines the defined safe operating state ], on the basis of the image captured by the camera device 22 [i.e., as a function of the at least one received sensor signal ]. Further, the external environment recognizer 21 may detect the road surface state amount and the local road surface state amount, on the basis of a result of the thus-performed recognition.”; para. 0043: “The conveyance amount controlling apparatus 1 may further include a comparing unit 13 and a deciding unit 14. The comparing unit 13 may compare the road surface state amount and the local road surface state amount with their predetermined thresholds [i.e., defines the defined safe operating state as a function of the a plurality of received sensor signals ]. The deciding unit 14 may decide the vibration conveyance amount. In an example implementation, the traveling controller 10 may include the comparing unit 13 and the deciding unit 14 as illustrated in FIG. 1. The shock absorber 52 and the EPS motor 62 each may control the vibration conveyance amount in accordance with the decision of the deciding unit 14.”; para. 0070: “In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors, a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 [i.e., a function of the a plurality of received sensor signals ] provided for the vehicle body 100 illustrated in FIG. 2, and the steering angle sensor 63.”)… …the plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state (Tsukasaki, para. 0065: “Further, an example implementation may use, as the road surface state detector, the external environment recognizer 21 that uses the camera device 22. This detects the state of the road surface 110 ahead of the vehicle, making it possible to change the vibration conveyance amounts before the state of the road surface 110 actually deteriorates [i.e., plurality of received sensor signals is compared to at least one predetermined signal pattern to check the defined safe operating state ].”; para. 0070: “In addition to the external environment recognizer 21, the conveyance amount controlling apparatus 1 may further include, as the plurality of road surface state detectors [i.e., the plurality of received sensor signals ], a suspension vibration sensor 71 provided for the suspension 50 illustrated in FIG. 2, a vehicle body vibration sensor 72 provided for the vehicle body 100 illustrated in FIG. 2, and the steering angle sensor 63.”; para. 0043: “The conveyance amount controlling apparatus 1 may further include a comparing unit 13 and a deciding unit 14. The comparing unit 13 may compare the road surface state amount and the local road surface state amount with their predetermined thresholds [i.e., compared to at least one predetermined signal pattern to check the defined safe operating state ].”). If it is argued that Tsukasaki does not explicitly teach the following: …wherein the plurality of received sensor signals describes a time series of the received sensor signals…, then, alternatively, in the same field of endeavor, So teaches the following: …wherein the plurality of received sensor signals describes a time series of the received sensor signals (translated document of So, para. 0043: “Accordingly, the time-series image data (or time-series frame data) is slightly different (ie, a new object is added to the image data, an old object is removed from the image data) corresponding to the vehicle moving speed and the one scan cycle, and Difference caused by the movement of the coordinates of the same object) occurs.”; para. 0046: “Because the time series image data is image data generated using information (data) acquired while the vehicle is moving (ie, the scan angle is changed), for the same object, for example, the portion of the image that was not visible in the original image data The shape may be visible in the next image data (see FIGS. 6 and 7 ).”) … Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Tsukasaki, with the concept of using time-series sensor data that describes a vertical dynamic of a vehicle, taught by So, in order to improve 3-D object recognition of objects, including a road surface, in the environment of a vehicle capable of at least a highly automated driving mode (translated document of So, para. 0048: “Accordingly, when matching the plurality of time-series image data, the shape of the same object may be further specified, and accordingly, the controller 120 may recognize objects more accurately (ie, improve the object recognition rate).”). For this alternative rejection of independent claims 11, 18, and 20, dependent claims 12, 14, 16-17, and 19 are rejected based on the same claim rejections discussed in the Claim Rejections - 35 USC § 102 section, above, and claim 13 is rejected based on the same claim rejection discussed in this section. Therefore, the individual alternative rejections for dependent claims 12-14, 16-17, and 19 will not be duplicated here, for brevity. Conclusion 07-40 AIA 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 Leah N Miller whose telephone number is (703)756-1933. The examiner can normally be reached M-Th 8:30am - 5:30pm ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /L.N.M./Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663 Application/Control Number: 18/853,454 Page 2 Art Unit: 3663 Application/Control Number: 18/853,454 Page 3 Art Unit: 3663 Application/Control Number: 18/853,454 Page 4 Art Unit: 3663 Application/Control Number: 18/853,454 Page 5 Art Unit: 3663 Application/Control Number: 18/853,454 Page 6 Art Unit: 3663 Application/Control Number: 18/853,454 Page 7 Art Unit: 3663 Application/Control Number: 18/853,454 Page 8 Art Unit: 3663 Application/Control Number: 18/853,454 Page 9 Art Unit: 3663 Application/Control Number: 18/853,454 Page 10 Art Unit: 3663 Application/Control Number: 18/853,454 Page 11 Art Unit: 3663 Application/Control Number: 18/853,454 Page 12 Art Unit: 3663 Application/Control Number: 18/853,454 Page 13 Art Unit: 3663 Application/Control Number: 18/853,454 Page 14 Art Unit: 3663 Application/Control Number: 18/853,454 Page 15 Art Unit: 3663 Application/Control Number: 18/853,454 Page 16 Art Unit: 3663 Application/Control Number: 18/853,454 Page 17 Art Unit: 3663 Application/Control Number: 18/853,454 Page 18 Art Unit: 3663 Application/Control Number: 18/853,454 Page 19 Art Unit: 3663 Application/Control Number: 18/853,454 Page 20 Art Unit: 3663 Application/Control Number: 18/853,454 Page 21 Art Unit: 3663 Application/Control Number: 18/853,454 Page 22 Art Unit: 3663 Application/Control Number: 18/853,454 Page 23 Art Unit: 3663
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