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 .
Priority
1. Acknowledgement is made of applicant’s claim for foreign priority based on application filed in Federal Republic of Germany on 07/11/2022.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 10/21/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 11, 13-20, 22-37 are rejected under 35 U.S.C. 103 as being unpatentable over and Egami (U.S. 2003/0233187) further in view of NAAB et al (U.S. 20080195292).
3. As per claims 11,19 Egami disclosed a method for adjusting a driving dynamics of a motor vehicle comprising: in one operating mode of the motor vehicle having at least assisted longitudinal guiding, in which a speed of the motor vehicle is controlled by a vehicle guiding system of the motor vehicle [A vehicle driving assist system according to the present invention comprises a traveling situation detection device that detects a vehicle condition and a traveling environment around a subject vehicle; a risk potential calculation device that calculates a risk potential around the subject vehicle based upon detection results of the traveling situation detection device; an accelerator pedal reaction force control device that controls an actuation reaction force which is generated for an accelerator pedal based upon the risk potential which has been calculated by the risk potential calculation device; an actuation amount detection device that detects an actuation amount of the accelerator pedal] (Paragraph. 0007), monitoring for activations of an operating element comprising an accelerator pedal of the motor vehicle [The target drive force Fta to be generated by the engine of the vehicle is defined based upon the accelerator pedal actuation amount S, the subject vehicle speed V1, and the gear of the transmission which is currently selected.] (Paragraph. 0054); and
in response to identifying a detected activation of the operating element as touching of the operating element [the subject vehicle speed V1 which is being detected by the speed sensor 6 is read in, and next in step S102 the accelerator pedal actuation amount S which is being detected by the accelerator pedal stroke sensor 4 is read in] (Paragraph. 0071), wherein the touching is identified using a predefined movement profile of the operating element, the predefined movement profile indicating a brief activation of the operating element directly followed by a release. [ As shown in FIG. 3, an accelerator pedal stroke sensor 4 is assembled to a reaction force control motor 9 which is disposed at the center of rotation of an accelerator pedal 19. The accelerator pedal stroke sensor 4 detects the amount of actuation of the accelerator pedal which has been converted into the rotational angle of the reaction force control motor 9, and outputs the result of this detection to a main controller 1. A torsion spring 20 is fixed at the center of rotation of the accelerator pedal 19, and the actuation reaction force of the accelerator pedal 19 is controlled by the spring force of the spring 20 and by the torque which is generated by the reaction force control motor 9. It should be understood that the driving of the reaction force control motor 9 is controlled by a command signal which is inputted from the main controller 1.] (Paragraph .0031). Examiner interpreted the touching input as “accelerator pedal”.
However, Egami did not explicitly disclosed subsequently automatically increasing the driving dynamics for the at least assisted longitudinal guiding at least for a respective current driving situation in a predefined manner, and maintaining the at least assisted longitudinal guiding of the motor vehicle by the vehicle guiding system in an active state.
In the same field of endeavor NAAB disclosed, “In this case, the limit of the speed change of the vehicle, as a function of the driver's desired dynamic characteristic of the vehicle, in particular as a function of the shift state of at least one driver-operable operator control element, is suspended or set to higher values. In this case, the acceleration and/or the deceleration dynamics of a driving speed control system are designed so as to be adjustable. Therefore, since the driver sets the acceleration and/or deceleration dynamics, he is tied into the system. Since in this case the limit values of the maximum acceleration and/or deceleration that is set by the system are changed, the effect of the intervention becomes clear only when the automatic speed control system executes an acceleration, acceleration change” (Paragraph. 0013) and According to this prior art system philosophy, the driver can either rely on the system and let the system drive, in which case certain specifications can be made, as described above; or the driver can turn off the system and do the driving himself. If the driver lets the system drive, he becomes an observer/monitor of the system and can indirectly influence the system, but he is not actively involved in the control process (maintaining speed and distance). When the system reaches one of its limits, the step demands that the driver assumes the active control again--a role change. Many drivers find this role change to be inconvenient and, hence, it is delayed as long as possible. (Paragraph. 0005).
It would have been obvious to one having ordinary skill in the art before the effective filing date was made to have incorporated in this case, the limit of the speed change of the vehicle, as a function of the driver's desired dynamic characteristic of the vehicle, in particular as a function of the shift state of at least one driver-operable operator control element, is suspended or set to higher values. In this case, the acceleration and/or the deceleration dynamics of a driving speed control system are designed so as to be adjustable. Therefore, since the driver sets the acceleration and/or deceleration dynamics, he is tied into the system. Since in this case the limit values of the maximum acceleration and/or deceleration that is set by the system are changed, the effect of the intervention becomes clear only when the automatic speed control system executes an acceleration, acceleration change; According to this prior art system philosophy, the driver can either rely on the system and let the system drive, in which case certain specifications can be made, as described above; or the driver can turn off the system and do the driving himself. If the driver lets the system drive, he becomes an observer/monitor of the system and can indirectly influence the system, but he is not actively involved in the control process (maintaining speed and distance). When the system reaches one of its limits, the step demands that the driver assumes the active control again--a role change. Many drivers find this role change to be inconvenient and, hence, it is delayed as long as possible as taught by Egami in the method and system of improve the efficiency of the driving assist system.
4. As per claims 13,22 Egami-NAAB disclosed comprising: identifying a detected activation of the operating element as touching in response to determining that a duration of the activation of the operating element corresponds at its most to a predefined maximum activation duration (NAAB, Paragraph. 0014), and/or a maximum redirection of the operating element as a result of the activation starting from a position of the operating element as provided at a beginning of the respective activation corresponds at its most to a predefined maximum redirection (NAAB, Paragraph. 0035). Claims 13,22 have the same motivation as to claim 11.
5. As per claims 14,23 Egami-NAAB disclosed comprising: increasing the driving dynamics including increasing an acceleration that is controlled by the vehicle guiding system of the motor vehicle (NAAB, Paragraph 0035). Claims 14,23 have the same motivation as to claim 11.
6. As per claims 15,24 Egami-NAAB disclosed comprising: increasing the driving dynamics including adjusting an earlier or immediate beginning of an acceleration (Egami, Paragraph 0071-0072).
7. As per claims 16,25 Egami-NAAB disclosed wherein in response to, at a time of the touching of the operating element, a preceding vehicle which is still or was previously driving directly in front of the motor vehicle and which is moving out of a travel path of the motor vehicle is selected as a reference object for the longitudinal guiding of the motor vehicle, as a result of the touching of the operating element, an earlier or immediate deselection of the preceding vehicle as a reference object for the longitudinal guiding is initiated (NAAB, Paragraph. 0012). Claims 16,25 have the same motivation as to claim 11.
8. As per claims 17,26 Egami-NAAB disclosed comprising: increasing the driving dynamics by several steps, wherein, in response to the operating element being touched multiple times in succession within a same driving situation for each individual touching of the operating element, the driving dynamics is increased by one step (NAAB, Paragraph. 0019). Claim 17 has the same motivation as to claim 11.
9. As per claims 18,27 Egami-NAAB disclosed comprising: monitoring for activations of a second operating element of the motor vehicle in the operating mode, wherein, in response to identifying an activation of the second operating element as a touching of the second operating element (NAAB, Paragraph. 0038-0039), automatically reducing in a predefined manner the driving dynamics for the at least assisted longitudinal guiding of the motor vehicle at least for the respective current driving situation; and, maintaining the at least assisted longitudinal guiding of the motor vehicle by the vehicle guiding system in an active state (NAAB, Paragraph. 0011).
10. As per claim 20 Egami-NAAB disclosed the operating element comprising the accelerator pedal configured to manually control a speed of the motor vehicle; a vehicle guiding system configured to provide at least assisted longitudinal guidance of the motor vehicle; and an assistance system coupled thereto (NAAB, Paragraph. 0005 & 0055).
Response to Arguments
11. Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive. Response to applicant’s argument is as follows.
A. Applicant argued that prior art did not disclose, “wherein the touching is identified using a predefined movement profile of the operating element, the predefined movement profile indicating a brief activation of the operating element directly followed by a release”.
As to applicant’s argument Egami disclosed, “As shown in FIG. 3, an accelerator pedal stroke sensor 4 is assembled to a reaction force control motor 9 which is disposed at the center of rotation of an accelerator pedal 19. The accelerator pedal stroke sensor 4 detects the amount of actuation of the accelerator pedal which has been converted into the rotational angle of the reaction force control motor 9, and outputs the result of this detection to a main controller 1. A torsion spring 20 is fixed at the center of rotation of the accelerator pedal 19, and the actuation reaction force of the accelerator pedal 19 is controlled by the spring force of the spring 20 and by the torque which is generated by the reaction force control motor 9. It should be understood that the driving of the reaction force control motor 9 is controlled by a command signal which is inputted from the main controller 1.] (Paragraph .0031). Examiner interpreted the touching input as “accelerator pedal”.
B. Applicant argued that prior art did not disclose, “maintaining the at least assisted longitudinal guiding of the motor vehicle by the vehicle guiding system in an active state”.
As to applicant’s argument NAAB disclosed, “According to this prior art system philosophy, the driver can either rely on the system and let the system drive, in which case certain specifications can be made, as described above; or the driver can turn off the system and do the driving himself. If the driver lets the system drive, he becomes an observer/monitor of the system and can indirectly influence the system, but he is not actively involved in the control process (maintaining speed and distance). When the system reaches one of its limits, the step demands that the driver assumes the active control again--a role change. Many drivers find this role change to be inconvenient and, hence, it is delayed as long as possible. (Paragraph. 0005).
Conclusion
12 THIS ACTION IS MADE FINAL. 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.
13. Any inquiry concerning this communication or earlier communication from the
examiner should be directed to Adnan Mirza whose telephone number is (571)-272-3885.
14. The examiner can normally be reached on Monday to Friday during normal
business hours. If attempts to reach the examiner by telephone are unsuccessful, the
examiner’s supervisor, Faris Almatrahi can be reached on (313)-446-4821.
15. Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for published
applications may be obtained from either Private PAIR or Public PAIR. Status
information for un published applications is available through Private PAIR only. For
more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
have questions on access to the Private PAIR system, contact the Electronic Business
Center (EBC) at (866)-217-9197 (toll-free).
/ADNAN M MIRZA/Primary Examiner, Art Unit 3667
Prosecution Insights