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 .
Status of Claims
This office action is in response to application number 18/872,353 filed on 12/06/2024, in which Claims 1-8 are presented for examination. Applicant submits preliminary amendment to amend Claims 3 and 8.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, for Application No. JP2022-136691.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/06/2024 and the IDS submitted on 9/15/2025 have been received and considered by the examiner.
Drawings
The drawings are objected to because of the following.
The following are unclear and not readable or easily readable and need correction:
FIG. 2, 13 and 14 subcomponents 16-19
FIG. 4, at least S11 and S12
FIG. 10, S36; FIG. 11, S51, S53, S56, "for each combination," S64
FIG. 4, pg. 29, para 0060; pg. 30, para 0061: S7 label: "travel path reflecting process" is not aligned with the description in the specification of: "a candidate with the lowest cost is selected" or "reflects the dynamic travel path"
FIG. 6, pgs. 29-30, para 0060: "distance N" is not shown, only described as “appropriate vehicle-to-vehicle distance,” without “N”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it needs grammatical correction for clarity (see Claim Objection for Claims 1, 3-4, and 8): Abstract Lines 2-3 and 7-9 recite “[…], as a travel path recommended for […].” The order of this language is unclear and would be more clear if rearranged and rewritten, for example, as “generate a travel path recommended for […] that […].”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
Pg. 3, para 0007; pg. 16, para 0030; pgs. 29-30, para 0060; pg. 46, para 0098; pg. 59, para 0127; pgs. 68-71, paras 0147-0148: missing paragraph numbers for new paragraphs.
Appropriate correction is required.
Claim Objections
Claims 1-8 are objected to because of the following informalities:
Claim 1 (lines 4-8) and Claim 8 (line 6-9) recite “passing-point setting means for setting, when the planned travel route includes a curve, a passing point between a coordinate point and a marking on an inner side of the curve, targeting a curved section including the curve and using map information including information about markings, the coordinate point being placed along a center line of a lane in which a vehicle is planning to travel.” This claim language is unclear and should be rewritten to clarify what is meant by “targeting a curved section” and the relationship between “curved section,” targeting a curved section,” and “including the curve and using map information.” For example, this can be interpreted as “a curved section including the curve” and “the targeting” is using the map information. Using this interpretation, the claim would be more clear if rewritten as “[…] setting a passing point between a coordinate point and a marking on an inner side of the curve, wherein the passing point is set within a curved section including the curve, wherein the passing point is set using map information including information the marking, and wherein the coordinate point is on a center line of a lane in which the vehicle is planning to travel." Please note this language is provided as an example and interpretation, not an Examiner’s Amendments.
Claim 1 (lines 10-11) recites “[…], as a travel path recommended for a vehicle to travel along; […].” The order of this language is unclear and would be more clear if rearranged and rewritten, for example, as “generating a travel path recommended […], that targets […], wherein the travel path passes […]." Claims 3 (lines 11-12), 4 (lines 9 and 11-12), and 8 (lines 11-12) recite the same language and should be similarly updated.
Claim 3 (lines 4 and 7) recites “for a case of” and would be more clear if rewritten, for example, “when.”
Claims 5-7 do not contain a transitional phrase, as defined in MPEP 2111.03, and should be updated to include a transitional phrase. For example, Claim 5 should recite “comprising the travel path generating means, wherein the travel path generating means further, calculates […]; and selects and generates […].” Claims 6 and 7 could, for example, be similarly updated.
Appropriate correction is required.
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.
Such claim limitation(s) is/are:
“means for” in Claims 1-4 and 8.
Corresponding structure is not clearly found in the specification for “means.” The specification describes means as a processing algorithm, [pg. 18, para 0034], “Note that the navigation ECU 33 has various types of means serving as processing algorithms. For example, planned travel route obtaining means obtains a planned travel route along which the vehicle travels,” and FIG. 3, shows the “driving assistance device” containing hardware including ECUs, such as the navigation ECU, where the ECUs contains the "means." Therefore, the “driving assistance device” will be interpreted as containing at least one computer, or ECU, comprising “means,” such as software.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) 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 § 112
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.
Claims 1-7 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 1 is directed towards a device without reciting any structural limitations, as stated above in the Claim Interpretation section and below in the 35 U.S.C. 101 rejection section. Instead Claim 1 recites a device containing software and method steps. A system or apparatus claim should always contain the structure or the hardware that performs the function Applicant claims. Therefore, it is unclear if the claim is intended to be directed towards a method performed by a device or is intended to be directed towards a device with structure, such as an ECU as identified in the Claim Interpretation section above, which functions to perform the steps. For examination purposes, the claim will be interpreted as a device comprising a computer that comprises software for performing the recited steps.
The term “largest” in Claim 4 is a relative term which renders the claim indefinite. The term “largest” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. "Largest" is used to modify "radius of curvature" of "an arc" therefore, for examination purposes, "an arc with a largest radius of curvature" will be interpreted as "an arc." Further, based on this interpretation, if the claim language is similarly amended, the recitation of “the arc” in Claim 4 (lines 4, 7, and 10-11) would have sufficient antecedent basis. However, as currently recited “the arc” in Claim 4 (lines 4, 7, and 10-11) has insufficient antecedent basis.
Similarly, Claim 6 recites “lower,” “smaller,” and “shorter,” to modify cost, curvature, and moving time, respectively. These terms are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, for examination purposes, the claim will be interpreted as “wherein a lowest cost for a travel path of the plurality of candidates for the travel path has smaller curvature or shorter moving time, than other travel paths of the plurality of the candidates for the travel path.” Please note this language is provided as an example and interpretation, not an Examiner’s Amendments, and any amendments should follow proper antecedent basis.
Claim 2 (lines 3-4) recites the limitation "the consecutive coordinate points." There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the consecutive coordinate points” will be interpreted as “consecutive coordinate points.”
Claim 2 (lines 7-8) and Claim 7 (lines 3) recite the limitation "a marking on an inner side of the curve.” “A marking on an inner side of the curve” is already defined in Claim 1 (line 5). For clarity, Claim 2 and Claim 7 should recite “the marking on an inner side of the curve .”
Claim 4 (lines 7 and 10) recites the limitation "a lane." Since “a lane” is already recited in Claim 4 (line 7), Claim 4 (line 10) should recite “the lane” or since “a portion of a lane” is already recited in Claim 4 (line 3), Claim 4 (lines 7 and 10) should be recite “the portion of the lane.” For examination purposes, Claim 4 (lines 7 and 10) will be interpreted as “the portion of the lane.”
Claim 7 recites “more to a center-line side by 1/2 of vehicle width of a vehicle than a closest point of a marking on an inner side of the curve to the moving average line.” There is insufficient explanation of what this language means, specifically “more to a center-line […] than a closes point of a marking on inner side of the curve to the moving average line” and instead should be explicitly stated or more clearly described. For examination purposes, Claim 7 will be read as defining, or adjusting, the passing point by half a vehicle width towards the center line of the road, from the “edge of the road”, where “a marking on the inner side of the curve” is being interpreted as “the edge of the lane.”
Claims 3 and 5 are rejected by dependency on Claim 1.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed towards a device without reciting any structure, see the Claim Interpretation and 35 U.S.C. 112(b) rejection sections above. As stated in MPEP 2106.03(I), "Non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations; […]. […]. Thus, a product claim to a software program that does not also contain at least one structural limitation (such as a "means plus function" limitation) has no physical or tangible form, and thus does not fall within any statutory category."
Claims 1-7, are further rejected, and Claim 8 is also rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1. A driving assistance device comprising:
planned travel route obtaining means for obtaining a planned travel route along which a vehicle travels [apply it, data gathering];
passing-point setting means for [apply it] setting, when the planned travel route includes a curve [data gathering], a passing point between a coordinate point and a marking on an inner side of the curve, targeting a curved section including the curve and using map information including information about markings, the coordinate point being placed along a center line of a lane in which a vehicle is planning to travel [mental process];
travel path generating means for [apply it] generating, targeting the curved section, a travel path that passes through the passing point, as a travel path recommended for a vehicle to travel along [mental process]; and
driving assistance means for [apply it] providing driving assistance for a vehicle, based on the travel path generated by the travel path generating means [post-solution activity].
101 Analysis
Step 1: Statutory Category – Yes
The claim recites a driving assistance device including means for receiving a planned travel route for a vehicle, setting a passing-point within a curve, where the passing point falls between the inner edge of the curve and a point along the planned travel route, generating a travel path that passes through the passing point, and providing assistance to the vehicle based on the generated travel path.
Step 2A Prong One Evaluation: Judicial Exception – Yes – Mental Process
The claim recites the mental processes, as bolded above. These limitations, as drafted, are simple processes that, under their broadest reasonable interpretation, could be performed in the human mind. For example, a person can look at a planned travel route on a map and identify modifications to the travel route based on an identified curve and adjust the vehicle operation to follow the modifications to the travel route based on the identified curve.
Step 2A Prong Two Evaluation: Practical Application – No
This judicial exception is not integrated into a practical application because the additional elements (underlined above) do not impose any meaningful limit on the judicial exception.
Receiving a planned travel route, including a curve, is recited at a high level, and amount to mere data gathering, which is a form of insignificant extra-solution activity.
“Means,” which is being interpreted as a computer with software for performing the steps, act merely as a means for applying the abstract idea.
Providing driving assistance is recited at a high level and amounts to post-solution activity, which is a form of insignificant extra-solution activity.
Step 2B Evaluation:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional claim elements, as stated for Step 2A Prong Two, do no more than provide application of the abstract idea and add extra-solution activity. And therefore, does not provide an inventive concept.
The specification explains that “providing driving assistance,” can be “provided” for autonomous travel or provided for manual operation, for example, specification pg. 8, para 0013 recites, “Here, the vehicle 5 is a vehicle that can perform assistance travel by autonomous driving assistance in which the vehicle autonomously travels along a preset route or along a road independently of user's driving operations, in addition to manual driving travel in which the vehicle travels based on user's driving operations,” where “provided” is not explicitly defined. FIG. 4 shows S9 for computing the amount of control and S10 for reflecting the amount of control, but does not describe the “providing” step. Specification pg. 9, para 0016 describes the “providing” step as providing navigation information to a driver using a display to show autonomous assistance information or navigation guidance, for manual operation, “Meanwhile, the navigation device 1 is an in-vehicle device mounted on the vehicle 5 to display a map of an area around the location of the vehicle 5 based on map data provided in the navigation device 1 or map data obtained from an external source, or to allow a user to input a destination, or to display a current location of the vehicle on a map image, or to provide guidance on movement along a set guidance route. In the present embodiment, particularly, when the vehicle performs assistance travel by autonomous driving assistance, various types of assistance information about the autonomous driving assistance are generated. The assistance information includes, for example, a travel path recommended for the vehicle to travel along (including a recommended way of moving into lanes), selection of a parking location where the vehicle is parked at a destination, and a speed plan indicating vehicle speeds at which the vehicle travels.” The specification does not provide any indication that “providing driving assistance,” as recited in Claim 1, is anything other than sharing driving assistance data to the vehicle or driver which is already used, and known, to those of ordinary skill in the art, for transmitting or displaying information. Therefore, the specification indicates that “providing driving assistance” is a well-understood, routine, and conventional function as it is claimed in a merely generic manner.
Independent Claim 8 does not recite any further limitations that cause the claim to be patent eligible. Rather, the limitations of the claim is directed towards a product stored on a non-transitory computer readable medium for performing the steps as recited in Claim 1, and do not integrate the judicial exception into a practical application. Therefore, Claim 8 is not patent eligible under the same rational as provided for Claim 1.
Dependent Claims 2-7 do not recite any further limitations that cause the claims to be patent eligible. The limitations of the dependent claims further narrow the abstract idea, and thus can also be performed as a mental process, in the human mind. These limitations do no more than add additional data gathering steps and additional mental processes. Therefore, Claims 2-7 are not patent eligible under the same rational as provided for Claim 1.
Therefore, Claims 1-8 are rejected under 35 U.S.C. § 101 as being directed to a judicial exception, without amounting to significantly more.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, and 8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Inou et al., PG Pub US-2019/308621-A1 (herein "Inou").
Regarding Claim 1, Inou discloses: (Original) A driving assistance device comprising: planned travel route obtaining means for obtaining a planned travel route along which a vehicle travels. See [Inou, FIG. 1 and pg. 1, para 0022], which shows, “An automated driving control system [… that] includes an in-vehicle system 1 and infrastructure 3. The infrastructure 3 includes a control center 5 and a roadside unit.” See also [Inou, pg. 1, para 0007], which explains that the a traveling path generation apparatus includes an information acquisition section, a road determination section, and a path generation section, where the information acquisition section acquires road line and shape information for a lane traveling path, which indicates the middle of the lane of a preset traveling path of a vehicle, “A traveling path generation apparatus according to an aspect of the present disclosure includes an information acquisition section, a road determination section, and a path generation section. The information acquisition section is configured to acquire road line shape information representing a road line shape of a lane traveling path. The lane traveling path is a path indicating a middle position of a lane (hereinafter referred to as an object lane) in which an object vehicle is traveling along a traveling path set in advance.” See also [Inou, pg. 2, para 0024], which further explains that the infrastructure collects environmental information that is used by the in-vehicle system for traveling control by determining a driving action based on the environmental information, where the infrastructure and system coordinate to find the optimal path, “The infrastructure 3 collects and integrates pieces of surrounding information to generate environmental information for use in traveling path settings or the like. The in-vehicle system 1 acquires the environmental information from the infrastructure 3, and performs traveling control in accordance with the driving action determined on the basis of the environmental information, such as acceleration, deceleration, stop, start, turning right, turning left, and lane change. In this manner, in the automated driving control system, the in-vehicle systems 1 and the infrastructure 3 cooperate with one another, so that the optimal traveling path leading to a destination is set for each vehicle, and each vehicle is controlled such that it can automatically travel along the traveling path in safety. The traveling path is a route on which a vehicle travels. The route is indicated at least by a road, and in the present embodiment further indicated by a lane on the road,” and [Inou, pg. 4, para 0045], which further explains that the information acquisition section acquires the shape of the traveling path which includes straight and cured lines that use a radius of curvature, “The information acquisition section 41 is configured to acquire road line shape information representing a road line shape of a path (hereinafter referred to as a lane traveling path 53 indicating the middle position of an object lane 52. The object lane 52 is a lane in which an object vehicle 51 is traveling along a traveling path set in advance. In the present embodiment, the traveling path is repeatedly set by the operation management unit 24 on the basis of traveling paths transmitted from the infrastructure 3 and various types of information obtained from the sensor 13. In the present embodiment, as illustrated in FIG. 4, the object vehicle 51 corresponds to the own vehicle. The object lane 52 corresponds to an own lane. The road line shape is a line shape element indicating a planar shape of a road, and indicates straight and curved lines using the radius of curvature. The lane traveling path 53 is a traveling path set by the operation management unit 24, and is information indicating a path connecting middle points in the lane width direction of the object lane.” Finally see [Inou, pg. 3, paras 0032-0033], which explain that map information, including lane boundaries, is used from the environmental information transmitted by the infrastructure to set the optimal driving path used for automated travel control of the powertrain, brake, and steering systems, “[0032] The operation management unit 24 keeps advanced map information updated on the basis of the environmental information transmitted from the infrastructure 3. The operation management unit 24 sets the optimal traveling path from the current position to destination of the own vehicle on the basis of traveling paths transmitted from the infrastructure 3 and various types of information obtained from the sensor 13. The operation management unit 24 specifies the current lane, i.e., the lane on which the own vehicle is traveling, on the basis of positional information representing the current position of the own vehicle. The operation management unit 24 specifies the position of the own vehicle inside the current lane on the basis of, for example, surrounding information and a result of recognizing lane boundaries obtained from the sensor 13. [0033] In accordance with an expected traveling path 54 output from the traveling path generation unit 21, the automated traveling control unit 22 sets, for example, the target speed, target acceleration, target steering angle, and target yaw rate at each point on the expected traveling path 54 such that the own vehicle travels along the expected traveling path 54. The automated traveling control unit 22 controls the power train system 4, the brake system 6, and the steering system 8 on the basis of these settings. Details of the expected traveling path 54 will be described later.”
Inou further discloses: passing-point setting means for setting, when the planned travel route includes a curve, a passing point between a coordinate point and a marking on an inner side of the curve, targeting a curved section including the curve and using map information including information about markings, the coordinate point being placed along a center line of a lane in which a vehicle is planning to travel; travel path generating means for generating, targeting the curved section, a travel path that passes through the passing point, as a travel path recommended for a vehicle to travel along. See [Inou, FIGs. 3 and 5 and pg. 4, paras 0047-0048], which explain that the path generation section generates a path along which the vehicle is expected to travel indicating expected passage points along the center portion of the lane, where, if a curve is detected, the path shifts from a middle position to a curved path, shown between the center line and the inner side of the curve, “[0047] The path generation section 43 is configured to generate a path (hereinafter referred to as an expected traveling path 54) on which the object vehicle 51 is expected to travel along the object lane 52 within the path range. In the present embodiment, the expected traveling path 54 is information indicating a path connecting points (hereinafter referred to as expected passage points) through which the center portion in the lane width direction of the front end of the object vehicle 51 is expected to pass on the object lane. The expected passage points do not necessarily correspond to the center portion of the front end. Specifically, the passage expected points constituting the expected traveling path 54 may be points through which predetermined one of the right and left wheels passes, or may be points through which the gravity center of the object vehicle 51 passes. If the road determination section 42 determines that there is no curved path within the path range, the path generation section 43 sets the lane traveling path 53 as the expected traveling path 54. Consequently, in a case where the length of a continuous straight line path (hereinafter referred to as a straight path) is equal to or more than a length set in advance, the expected traveling path 54 indicating the middle position of the object lane 52 is generated. [0048] In response to the road determination section 42 determining that there are one or more curved paths within the path range, the first correction section 47 is configured to set, as a cornering line 55, the part of the expected traveling path 54 corresponding to each curved path as illustrated in FIG. 5. The first correction section 47 is configured to correct the lane traveling path 53 such that the radius of curvature of each cornering line 55 exceeds the radius of curvature of the corresponding curved path. Consequently, the expected traveling path 54 is generated which indicates each position in the object lane 52 shifted from the middle position of the object lane 52 corresponding to a curved path to the side where the path has a larger radius of curvature.” See also [Inou, pg. 2, paras 0025 and 0027], which further explains that the stored map data includes the road width and the radius of curvature of the roads, “[0025] The in-vehicle system 1 includes a communication unit 11, a GNSS 12, a sensor 13, an advanced map information storage section 14, an interior display 15, a speaker 16, an input device 17, an automated driving control apparatus 2, a power train system 4, a brake system 6, a steering system 8, and the like. […]. [0027] The advanced map information storage section 14 stores advanced map information, i.e., map information associated with environmental information. The map information contains not only general road information used in a navigation system but also, for example, the width of roads, the radius of curvature of roads, the height and length of structures (described later) such as buildings and premises. The environmental information includes, for example, traveling states of other vehicles that exist within a predetermined range from the own vehicle, road conditions, traffic management information such as traffic control, and information of traffic conditions related to vehicles, pedestrians, and the like. The environmental information is updated each time when information is acquired from the infrastructure 3, other vehicles, or the like via the communication unit 11.” See also [Inou, pg. 4, para 0049], which discusses the target recognition section and includes recognition of structures such as barriers, walls, and guardrails marking the edge of the road, “The target recognition section 44 is configured to recognize, as a close target 56, a target located ahead of the object vehicle 51 and close to the object lane 52. The target is a predetermined object detected by the sensor 13. In the present embodiment, the target is a structure such as a noise barrier, a tunnel wall, a building, premises, a guardrail, and a pole, a vehicle, a pedestrian, or the like. In the present embodiment, as illustrated in FIG. 6, the close target 56 is a target that exists at a point where the distance to the expected traveling path 54 corrected by the first correction section 47 is shorter than a predetermined threshold value (hereinafter referred to as an initial value of a safe spacing 57). The safe spacing 57 is a spacing in the lane width direction with respect to the close target 56. The safe spacing 57 is compared with the distance to the expected traveling path 54 in the present embodiment. Alternatively, the safe spacing 57 may be compared with the distance to the path obtained by shifting the expected traveling path 54 toward the close target 56 by half the width of the object vehicle 51. The safe spacing 57 may be fixed, but is assumed to be variable in the example described in the present embodiment.” Finally see [Inou, pg. 6, paras 0058-0064], which further discusses using a largest curvature and cornering line for a traveling path including a curve and further explains that the vehicle travels through an entrance point, clipping point, and exit point of the cornering line, where the clipping point is the innermost point of the cornering line, “[0058] In the following steps, the first correction section 47 sets, as a clipping point 65, the innermost point of the cornering line 55 with respect to the center of curvature of a curved path in the object lane 52. On the basis of the determination result in S130, the first correction section 47 sets an entrance point 64 and an exit point 66 of the cornering line 55 corresponding to an entry curve in accordance with the type of subsequent traveling path. Specifically, the first correction section 47 generates the cornering line 55 such that the object vehicle 51 travels through the entrance point 64, the clipping point 65, and the exit point 66 in this order under the condition that the width of the object vehicle 51 falls within the width of the object lane 52 corresponding to an entry curve. At this time, the lane traveling path 53 is corrected such that the radius of curvature of the cornering line 55 exceeds the radius of curvature of the corresponding curved path. In a case where the curved path has a plurality of radius of curvature, the lane traveling path 53 is corrected such that the radius of curvature of each of the line segments constituting the cornering line 55 exceeds the radius of curvature of each of the line segments constituting the curvature path. The first correction section 47 may correct the entrance point 64, the clipping point 65, and the exit point 66 such that the rate of change of lateral acceleration at each point on the cornering line 55 becomes equal to or smaller than a predetermined rate of change on the basis of a target value set by the automated traveling control unit 22.”
Inou further discloses: driving assistance means for providing driving assistance for a vehicle, based on the travel path generated by the travel path generating means. See [Inou, FIG. 1 and pgs. 2-3, paras 0030 and 0033], which further explain that the automated driving function includes notifying the driver via an interior display of the environmental information and traveling paths or using the traveling path to set target vehicle parameters to allow the vehicle to automatically travel along the traveling path, “[0030] In response to the intention to utilize the automated driving function being confirmed via the input device 17, the HMI unit 23 transmits, to the infrastructure 3, a start request notification indicating, for example, the vehicle ID of the own vehicle, positional information representing the current position, and the destination for automated driving. Subsequently, the HMI unit 23 performs control to notify the driver of necessary information via the interior display 15 and the speaker 16 on the basis of various types of information such as environmental information and traveling paths transmitted from the infrastructure 3 and various types of information obtained from the sensor 13. […]. [0033] In accordance with an expected traveling path 54 output from the traveling path generation unit 21, the automated traveling control unit 22 sets, for example, the target speed, target acceleration, target steering angle, and target yaw rate at each point on the expected traveling path 54 such that the own vehicle travels along the expected traveling path 54. The automated traveling control unit 22 controls the power train system 4, the brake system 6, and the steering system 8 on the basis of these settings. Details of the expected traveling path 54 will be described later.”
Regarding Claim 3, Inou discloses the limitations of Claim 1.
Inou further discloses: (Currently Amended) […] start-vector obtaining means for obtaining a start vector that identifies a position and a direction of a vehicle at a starting point of the curved section for a case of traveling along the planned travel route; and an end-vector obtaining means for obtaining an end vector that identifies a position and a direction of a vehicle at an end point of the curved section for a case of traveling along the planned travel route, wherein the travel path generating means generates a travel path that reaches the end vector from the start vector through the passing point, as a travel path recommended for a vehicle to travel along. See [Inou, FIGs. 4-5 and pg. 6, paras 0060-0062], which explain that if the road determination section determine that the traveling path includes a curve, the correction section sets an entry point, an exit point, and a clipping point along the cornering line based on the direction of the entry and the exit of the curve, including for example, an out-in-out or an out-in-in type curve, “[0060] In S160, if the road determination section 42 determines that a curved path as the subsequent traveling path bends in the same direction as an entry curve, the process advances to S170. If the road determination section 42 determines that the curved path as the subsequent traveling path bends in the opposite direction of the entry curve, the process advances to S180. [0061] In S170, the first correction section 47 sets the entrance point 64 of the cornering line 55 corresponding to an entry curve to an outer point of the object lane 52 with respect to the center of curvature of the entry curve. The first correction section 47 sets the exit point 66 of the cornering line 55 corresponding to the entry curve to an outer point of the object lane 52 with respect to the center of curvature of the entry curve. Consequently, in a case where the subsequent traveling path of an entry curve is a curved path bending in the same direction as the entry curve, what is called an out-in-out cornering line 55 is generated. As illustrated in FIG. 4, the out-in-out cornering line 55 has the entrance point 64 at an outer point of the entry curve, the clipping point 65 at an inner point of the entry curve, and the exit point 66 at an outer point of the entry curve with respect to the lane traveling path 53. [0062] In S180, the first correction section 47 sets the entrance point 64 of the cornering line 55 corresponding to an entry curve to an outer point of the object lane 52 with respect to the center of curvature of the entry curve. The first correction section 47 sets the exit point 66 of the cornering line 55 corresponding to the entry curve to an inner point of the object lane 52 with respect to the center of curvature of the entry curve. Consequently, in a case where the subsequent traveling path of an entry curve is a curved path bending in the opposite direction of the entry curve, what is called an out-in-in cornering line 55 is generated. As illustrated in FIG. 5, the out-in-in cornering line 55 has the entrance point 64 at an outer point of the entry curve, the clipping point 65 at an inner point of the entry curve, and the exit point 66 at an inner point of the entry curve with respect to the lane traveling path 53.” See also [Inou, pg. 8, para 0082], which further explains combining curves with different directions to create a smooth travel path through the entrance and exit points, following the clipping points, “[0082] (4a) For example, in a case where the subsequent traveling path is a curved path bending in the same direction as an entry curve, what is called an out-in-out cornering line 55 is generated. For example, in a case where the subsequent traveling path is a curved path bending in the direction opposite to an entry curve, what is called an out-in-in cornering line 55 is generated. In either case, the entrance point 64 is set to an outer point of the curved path subsequent to the entry curve. Therefore, the vehicle can smoothly travel through the entrance point 64 to the clipping point 65 on the subsequent traveling path.”
Regarding Claim 4, Inou discloses the limitations of Claim 3.
Inou further discloses: (Original) […] arc determining means for determining whether or not an arc with a largest radius of curvature is included in a portion of a lane between the start vector and the end vector in which a vehicle travels, the arc passing through the start vector and the end vector in traveling directions of the respective vectors, wherein when it is determined that the arc is not included in a lane in which a vehicle travels, the travel path generating means generates a travel path that passes through the passing point, as a travel path recommended for a vehicle to travel along, and when it is determined that the arc is included in a lane in which a vehicle travels, the travel path generating means generates the arc as a travel path recommended for a vehicle to travel along. See [Inou, pg. 1, paras 0008-0010], which explains that the road determination section determines a shape of the road based on the road line including a curved potion that is defined by a radius of curvature, where the path generation section sets a cornering line along each curved section by using the middle of the position of the lane to correct the traveling path so that the radius of curvature exceeds the radius of curvature of the curved section and the vehicle travels within the path range, “[0008] The road determination section is configured to determine, on the basis of the road line shape information acquired by the information acquiring section, whether there are one or more curved paths within a path range set in advance in a course direction from a current position of the object vehicle on the lane traveling path. The curved path is a curved line path defined by a radius of curvature. [0009] When generating an expected traveling path in response to the road determination section determining that there are one or more curved paths, the path generation section is configured to set, as a cornering line, a part of an expected traveling path corresponding to each of the curved paths. Then, the path generation section is configured to generate the expected traveling path by correcting the lane traveling path such that a radius of curvature of each cornering line exceeds a radius of curvature of the corresponding curved path. The expected traveling path is a path on which the object vehicle is expected to travel along the object lane within the path range. [0010] According to such a configuration, the radius of curvature of a cornering line on the expected traveling path is larger than the radius of curvature of the lane traveling path indicating the middle position of a lane as a traveling path for the vehicle,” where [Inou, pg. 6, para 0058], the clipping point is set on the innermost point of the curve.
Regarding Claim 8, Inou discloses: (Currently Amended) A computer program stored on a non-transitory computer readable medium for causing a computer to function as: planned travel route obtaining means for obtaining a planned travel route along which a vehicle travels; passing-point setting means for setting, when the planned travel route includes a curve, a passing point between a coordinate point and a marking on an inner side of the curve, targeting a curved section including the curve and using map information including information about markings, the coordinate point being placed along a center line of a lane in which a vehicle is planning to travel; travel path generating means for generating, targeting the curved section, a travel path that passes through the passing point, as a travel path recommended for a vehicle to travel along; and driving assistance means for providing driving assistance for a vehicle, based on the travel path generated by the travel path generating means. See again [Inou, FIG. 1 and pg. 1, para 0022], which shows, “An automated driving control system [… that] includes an in-vehicle system 1 and infrastructure 3. The infrastructure 3 includes a control center 5 and a roadside unit.” Also see again [Inou, pg. 1, para 0007], which explains that the a traveling path generation apparatus includes an information acquisition section, a road determination section, and a path generation section, where the information acquisition section acquires road line and shape information for a lane traveling path, which indicates the middle of the lane of a preset traveling path of a vehicle. Also see again [Inou, pg. 2, para 0024], which further explains that the infrastructure collects environmental information that is used by the in-vehicle system for traveling control by determining a driving action based on the environmental information, where the infrastructure and system coordinate to find the optimal path and [Inou, pg. 4, para 0045], which further explains that the information acquisition section acquires the shape of the traveling path which includes straight and cured lines that use a radius of curvature. Also see again [Inou, pg. 3, paras 0030-0033], which explain that map information, including lane boundaries, is used from the environmental information transmitted by the infrastructure to set the optimal driving path used for automated travel control of the powertrain, brake, and steering system for automatically travel along the traveling path or notifying the driver via an interior display of the environmental information and traveling path. Also see again [Inou, FIGs. 3 and 5 and pg. 4, paras 0047-0048], which further explain that the path generation section generates a path along which the vehicle is expected to travel indicating expected passage points along the center portion of the lane, where, if a curve is detected, the path shifts from a middle position to a curved path, shown between the center line and the inner side of the curve and [Inou, pg. 2, paras 0025 and 0027], which further explains that the stored map data includes the road width and the radius of curvature of the roads and [Inou, pg. 4, para 0049], which discusses the target recognition section and includes recognition of structures such as barriers, walls, and guardrails marking the edge of the road. Finally see again [Inou, pg. 6, paras 0058-0064], which further discusses using a largest curvature and cornering line for a traveling path including a curve and further explains that the vehicle travels through an entrance point, clipping point, and exit point of the cornering line, where the clipping point is the innermost point of the cornering line. See also [Inou, pg. 8 para 0087], which explains that the traveling path generation unit and vehicle system include programs for causing a computer to perform the travel path and curve correction process as disclosed, where the programs are stored on a non-transitory tangible recording media, “In addition to the above-mentioned traveling path generation unit 21, the present disclosure can be implemented in various forms such as the in-vehicle system 1 including the traveling path generation unit 21 as a component, one or more programs for allowing a computer to function as the traveling path generation unit 21, one or more non-transitory tangible recording media such as semiconductor memories that store at least some of these programs, and a traveling path generation method.”
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Inou in view of Yabushita et al., JP-2007257094 (herein "Yabushita").
Regarding Claim 2, Inou discloses the limitations of Claim 1.
Inou further discloses: (Original) […], wherein the passing-point setting means sets the passing point between the coordinate point and a marking on an inner side of the curve and between the […] line and a marking on an inner side of the curve. See again [Inou, FIGs. 3 and 5 and pg. 4, paras 0047-0048], which explain that the path generation section generates a path along which the vehicle is expected to travel indicating expected passage points along the center portion of the lane, where, if a curve is detected, the path shifts from a middle position to a curved path, shown between the center line and the inner side of the curve. Also see again [Inou, pg. 2, paras 0025 and 0027], which further explains that the stored map data includes the road width and the radius of curvature of the roads and [Inou, pg. 4, para 0049], which discusses the target recognition section and includes recognition of structures such as barriers, walls, and guardrails marking the edge of the road. Finally see again [Inou, pg. 6, paras 0058-0064], which further discusses using a largest curvature and cornering line for a traveling path including a curve and further explains that the vehicle travels through an entrance point, clipping point, and exit point of the cornering line, where the clipping point is the innermost point of the cornering line.
Inou does not disclose: (Original) […] moving average calculating means for calculating a moving average line, the moving average line being a line that connects average points of a predetermined number of the consecutive coordinate points placed along a center line of a lane, [… between the] moving average line [and a marking on an inner side of the curve].
However, Yabushita teaches: (Original) […] moving average calculating means for calculating a moving average line, the moving average line being a line that connects average points of a predetermined number of the consecutive coordinate points placed along a center line of a lane, [… between the] moving average line [and a marking on an inner side of the curve]. See [Yabushita, FIGs. 5-6 and pg. 4, para 0012], which explains that the route creation method uses a moving average line of a number of consecutive points closest to a coordinate point along a path, which is shown in FIGs. 5-6 as a moving average line that is created on the inside of a grid point of a discrete path, “A path creation method according to the present invention is a path creation method for creating a continuous path by converting a coordinate value of each of N coordinate points on a discrete path from a discrete path generated by connecting coordinate point sets composed of N coordinate points in a certain order in a multi-dimensional space of two or more dimensions, The continuous path is a parameter t (t is t: When an arbitrary real number satisfying 0 ≤ t ≤ N − 1 is expressed using a value corresponding to a node of the discrete path, a coordinate value of a point At represented as an arbitrary point on the continuous path is calculated on the basis of coordinate values of a plurality of consecutive coordinate points including the corresponding coordinate point such that a coordinate value of a coordinate point (hereinafter referred to as a corresponding coordinate point) closest to t included in the coordinate point set has the largest influence on a coordinate value of the point At, and a coordinate value of N coordinate points on the continuous path is calculated by executing calculation processing at each of N coordinate points on the discrete path. According to the path creation method as described above, the discrete paths obtained by connecting the N coordinate points specified in the multidimensional space (for example, on a plane or in a space) in a certain order are corrected to a path having the largest influence on the coordinate values of the coordinate points in the order of the closest value to t in the coordinate point set. In other words, the created path (hereinafter, referred to as a continuous path) is obtained by calculating the weighted moving average of the coordinate values of each coordinate point, and collecting each point after the plurality of coordinate points have moved, thereby creating a continuous path. By creating the continuous path in this way, it is possible to create the continuous path so as to keep the shape of the discrete path connecting the coordinate points included in the coordinate point set in a certain order to some extent.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Inou with Yabushita to calculate a moving average line and use this line for further setting the passing point. Doing so is a well-known technique to generate a smooth and continuous path that follows the shape of the original, such as a discrete, path [Yabushita, pg. 4, para 0012], where the smoothness and degree of maintaining the original shape can be controlled by number of coordinate points selected to average [Yabushita, pg. 4, para 0017].
Regarding Claim 7, Inou as modified discloses the limitations of Claim 2.
Inou further discloses: (Original) […], wherein the passing-point setting means sets the passing point at a location more to a center-line side by 1/2 of vehicle width of a vehicle than a closest point of a marking on an inner side of the curve to the moving average line. See [Inou, pg. 4, para 0049], which explains that the target recognition system identifies a target around the vehicle, including targets at the edge of the road such as a barrier, wall, or guardrail, and the correction section adjust the traveling path by a safe spacing distance a half width of the vehicle from the target, i.e. the edge of the road, “The target recognition section 44 is configured to recognize, as a close target 56, a target located ahead of the object vehicle 51 and close to the object lane 52. The target is a predetermined object detected by the sensor 13. In the present embodiment, the target is a structure such as a noise barrier, a tunnel wall, a building, premises, a guardrail, and a pole, a vehicle, a pedestrian, or the like. In the present embodiment, as illustrated in FIG. 6, the close target 56 is a target that exists at a point where the distance to the expected traveling path 54 corrected by the first correction section 47 is shorter than a predetermined threshold value (hereinafter referred to as an initial value of a safe spacing 57). The safe spacing 57 is a spacing in the lane width direction with respect to the close target 56. The safe spacing 57 is compared with the distance to the expected traveling path 54 in the present embodiment. Alternatively, the safe spacing 57 may be compared with the distance to the path obtained by shifting the expected traveling path 54 toward the close target 56 by half the width of the object vehicle 51. The safe spacing 57 may be fixed, but is assumed to be variable in the example described in the present embodiment,” and [Inou, pg. 6, para 0058], where the target is still to place the entrance, exit, and clipping points are placed along the curve so that the "width of vehicle 51 falls within the width of the object lane.”
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Inou in view of Lee, PG Pub US-2015/0353085-A1 (herein "Lee").
Regarding Claim 5, Inou discloses the limitations of Claim 3.
Inou does not disclose: (Original) […], wherein the travel path generating means calculates costs for a plurality of candidates for a travel path that reaches the end vector from the start vector through the passing point; and selects and generates a travel path recommended for a vehicle to travel along from among the plurality of candidates for a travel path by comparing calculated costs.
However, Lee teaches: (Original) […], wherein the travel path generating means calculates costs for a plurality of candidates for a travel path that reaches the end vector from the start vector through the passing point; and selects and generates a travel path recommended for a vehicle to travel along from among the plurality of candidates for a travel path by comparing calculated costs. See [Lee, FIG. 2 and pg. 2, paras 0026-0027], which explains that the controller generates desired vehicle paths including a start position and finish position, including orientation angles, using a series of points, “[0026] As mentioned above, the '739 patent employs a forward looking camera and a path prediction and generation algorithm, such as may be employed in the controller 12, to generate a desired vehicle path to maintain the vehicle 10 in the lane center and a path for lane changing purposes. The desired path is represented as a series of lateral offsets, heading angles and longitudinal distances over a certain time period. The controller 12 generates the desired path based on a predicted lane center using a fifth order polynomial equation. The fifth order polynomial equation has six unknowns at the beginning of the process for calculating the desired path. The normalized path problem is independent of the vehicle states, where the vehicle states are used for coordinate conversion for normalized coordinates to vehicle coordinates. Continuity assumptions are employed in the algorithm for a smooth path and include the start position and the orientation angle of the desired path aligned with the current vehicle position and the vehicle moving direction, where a lane change path should finish at the center of the destination lane and align with the lane in the first and second order derivatives. [0027] FIG. 2 is an illustration 40 of a vehicle 42 traveling on a lane 46 of a roadway 44 along an estimated lane center line 48 at the center of the lane 46 that has been determined by the lane center estimate algorithm from various sensing measurements, e.g., forward-looking camera and GPS/map database, where the roadway 44 also includes an adjacent lane 50. As above, the vehicle 42 is equipped with all of components necessary for path prediction and generation, represented generally as box 54, including a forward-looking vision camera that detects lane marks on the roadway 44, where a series of points 52 along the lane 46 identify the desired x, y position of the vehicle 40 at the camera sampling times as it travels along the center line 48, and where the points 52 are an average distance between markings at the right and left edge of the lane 46. In FIG. 2 (the ideal case), the lane center line 48 is exactly overlapped with the desired path of the vehicle 42. However, in reality, there would be a discrepancy between the desired path that the vehicle 42 needs to follow and the actual center of the lane 46. One obvious reason for the discrepancy is an obstacle in the lane, so the desired path should be generated to avoid the obstacle. Another reason for the discrepancy is that the initial vehicle position is not in the center of the lane and the moving direction is not perfectly aligned with the lane center line 48.” See also [Lee, pg. 8, para 0083], which explains that the algorithm generates multiple candidate paths to identify an optimal path that minimizes a cost function, “The algorithm generates multiple paths 174 around the object 172, where each candidate path n.sub.i* is evaluated to determine if it is the optimal path to avoid the object 172 while allowing the vehicle 134 to stay comfortably within the lane 124 and as close to reference path 136 as possible. More particularly, the algorithm selects a candidate path n.sub.i* that is a predetermined distance, such as 10 cm, away from the desired referenced path 136 and away from the object 172 in a sequence of calculations to determine which of those candidate paths will be the optimal path for the vehicle 134 that is a safe distance away from the object 172, but is the closest path to the original calculated path 136. The optimal candidate path n.sub.i* is the path that minimizes the cost function […],” where [Lee, pg. 9, para 0085], the cost function is used to determine an optimal speed, “As above, a cost function is employed to determine the optimal speed for the vehicle 134 for that maneuver as follows,” where [Lee, pg. 8, para 0080] the speed can be selected from a speed profile, such as an extreme or comfort profile, “Also at the box 142, the algorithm determines the speed of the vehicle 134 at each location along the generated path 136. FIG. 9 is a graph with distance on the horizontal axis and vehicle speed on the vertical axis including a graph line 160 for the posted speed along the roadway 122 provided by the map database 20. In this embodiment, and with no obstacles in front of the vehicle 134, two speed profiles are identified based on the posted speed, where one of the speed profiles is referred to as an extreme speed profile, represented by graph line 162, where the vehicle 134 may make sudden and abrupt changes in speed. The other speed profile is referred to as a comfort speed profile, represented by graph line 164, and provides less abrupt changes in the vehicle speed for a more comfortable ride. Both of these profiles do not exceed the lateral and longitudinal acceleration limits of the vehicle 134 and the curvature of the roadway 122.” Finally see [Lee, pgs. 7-8, paras 0078-0079], which explains that a cost function can also select from points that minimize the curvature profile, “[0078] FIG. 8 is a graph with distance on the horizontal axis and road curvature on the vertical axis including a graph line 156 identifying the amount of curvature of the center line 128 calculated from the points 154 and a graph line 158 showing the curvature of the smooth path along the path 136 of the vehicle 134 after the algorithm has processed the curvature of the center line 128. At high roadway curvature locations, the algorithm selects three adjacent points 118, represented by p.sub.i−1, p.sub.i and p.sub.i+1, where i is time. In order to generate the smooth reference path that has the low curvature profile 158, the algorithm minimizes a cost function as: […]. [0079] Through this process, the location of the points 154 at a particular area of high curvature are moved some predetermined amount, for example, 10 cm, laterally for each calculation of the cost function and once the cost function is at its lowest value, those points 118 are selected for the path of the vehicle 134.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Inou with Lee to include using a cost function to select a travel path. Doing so provides a smooth reference path [Lee pg. 7, para 0078] especially around areas of high curvature [Lee pg. 8, para 0079] or avoid objects, where driver comfort can be balanced with vehicle lateral and longitudinal acceleration limits, especially when considering a vehicle speed [Lee pg. 8, para 0080] and finding an optimal speed [Lee pg. 9, para 0085].
Regarding Claim 6, Inou as modified discloses the limitations of Claim 5.
Inou does not disclose: (Original) […], wherein the travel path generating means calculates, for the plurality of candidates for a travel path, a lower cost for a travel path with a smaller curvature or for a travel path with a shorter moving time.
However, Lee teaches: (Original) […], wherein the travel path generating means calculates, for the plurality of candidates for a travel path, a lower cost for a travel path with a smaller curvature or for a travel path with a shorter moving time. See again [Lee, FIG. 2 and pg. 2, paras 0026-0027], which explains that the controller generates desired vehicle paths including a start position and finish position, including orientation angles, using a series of points. Also see again [Lee, pg. 8, para 0083], which explains that the algorithm generates multiple candidate paths to identify an optimal path that minimizes a cost function, where [Lee, pg. 9, para 0085], the cost function is used to determine an optimal speed, where [Lee, pg. 8, para 0080] the speed can be selected from a speed profile, such as an extreme or comfort profile. Finally see again [Lee, pgs. 7-8, paras 0078-0079], which explains that a cost function can also select from points that minimize the curvature profile.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Inou with Lee to include using a cost function to select a travel path that minimizes curvature or distance. Doing so provides a smooth reference path [Lee pg. 7, para 0078] especially around areas of high curvature [Lee pg. 8, para 0079] or avoid objects, where driver comfort can be balanced with vehicle lateral and longitudinal acceleration limits, especially when considering a vehicle speed [Lee pg. 8, para 0080] and finding an optimal speed [Lee pg. 9, para 0085].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MARIE HARTMANN whose telephone number is (571)272-5309. The examiner can normally be reached M-F 7-5.
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/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
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