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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on December 19, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
This Office Action is in response to the claims filed on December 19, 2024.
Claims 8-14 have been presented for examination.
Claims 8-14 are currently rejected.
Claims 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al. (U.S. Patent Publication Number 2020/0167045).
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a control unit” in claim 8 and “selection device” in claims 10 and 12.
Support for “a control unit” and “selection device” may be found in at least paragraphs 7-8 of the instant specification describing a selection device to comprise a multifunction steering wheel, wherein the selection device further comprises the control unit.
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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al. (U.S. Patent Publication Number 2020/0167045).
Regarding claim 8, Takahashi discloses a selection device for driver assistance functions of a vehicle, comprising:
a multifunction steering wheel having an operating element, (Takahashi ¶ 108 “The driver of the vehicle 10 can change the set states (setting values, parameters) related to the driving assistance functions by operation (manipulation) to the selection switch 56 and the OK switch 57 arranged on the steering wheel 55 shown in FIG. 5 while referring to screens displayed on the display 27.”)
wherein a display assigned to the operating element and a driver assistance function assigned to the operating element are settable; and (Takahashi ¶ 112 discloses that a “return switch 58 is provided on the steering wheel 55” such that “When the driver pushes the return switch 58, the drive assistance ECU 20 displays, on the display 27, the screen (i.e., previous screen) which had been displayed immediately before the currently displayed screen was displayed”)
a control unit (Takahashi Fig. 2 driving assistance ECU 20) configured to control the display (Takahashi ¶ 75 “The multi information display 27 is equipped with a LCD (liquid crystal display). Characters, figures, and so on, displayed on the multi information display 27 are controlled by the drive assistance ECU 20,” also see Fig. 2) and to activate and/or deactivate the driver assistance function upon operation of the operating element, (Takahashi ¶ 142 “when the drive assistance ECU 20 starts operation (namely, when an ON operation to an ignition switch (not shown) of the vehicle 10 is performed), the drive assistance ECU 20 display a driver selection screen 66 shown in FIG. 12 on the display 27.”)
wherein the control unit (Takahashi Fig. 2 driving assistance ECU 20) is further configured such that: in a first equipment variant of the vehicle, which comprises a first driver assistance function, the control unit controls the display to display a first display assigned to the first driver assistance function (Takahashi ¶ 108 “The driver of the vehicle 10 can change the set states (setting values, parameters) related to the driving assistance functions by operation (manipulation) to the selection switch 56 and the OK switch 57”) and to activate and/or deactivate the first driver assistance function upon the operation of the operating element, and (Takahashi ¶ 142 “when the drive assistance ECU 20 starts operation (namely, when an ON operation to an ignition switch (not shown) of the vehicle 10 is performed), the drive assistance ECU 20 display a driver selection screen 66 shown in FIG. 12 on the display 27” such that “the drive assistance ECU 20 displays the display elements (namely, specific elements) related to the selected (extracted) displayable candidate driving assistance functions in the preferentially displayed element region 61a in descending order of the display value increase amount Ad,” see ¶ 166)
in a second equipment variant of the vehicle, which comprises the first driver assistance function and a second driver assistance function, the control unit controls the display to display a second display assigned to the second driver assistance function and to activate and/or deactivate the second driver assistance function upon the operation of the operating element. (Takahashi ¶ 142 “when the drive assistance ECU 20 starts operation (namely, when an ON operation to an ignition switch (not shown) of the vehicle 10 is performed), the drive assistance ECU 20 display a driver selection screen 66 shown in FIG. 12 on the display 27,” wherein the drive assistance ECU 20 displays a preferentially displayed element that corresponds to the drive assistance function, which includes a second driver assistance function, see Fig. 4.)
While Takahashi does not expressly disclose activating a second driver assistance function, it would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified the drive assistance functions of Takahashi to expressly disclose activating a second driver assistance function with reasonable expectation of success because Takahashi discloses starting operation for drive assistance, wherein the drive assistance functions include at least a first and second drive assistance function as depicted in Fig. 4. Therefore, it would have been obvious to one having ordinary skill in the art that starting, or activating, a drive assistance operation includes activating a second drive assistance function, rendering the limitation to be an obvious modification.
Regarding claim 9, Takahashi discloses the selection device of claim 8, wherein:
the first driver assistance function is a speed limiter and the second driver assistance function is an adaptive speed regulation. (Takahashi ¶ 95 discloses “A radar cruise control function is a function for controlling the acceleration As such that a distance between the vehicle 10 and “an other proceeding vehicle (hereinafter also referred to as a “following target vehicle”) traveling ahead of the vehicle 10″ coincides with a predetermined target inter-vehicular distance without driver's operation to the accelerator pedal”)
Regarding claim 10, Takahashi discloses the selection device of claim 9, wherein:
the selection device is configured to detect information about exceeding of the permissible highest speed and, (Takahashi ¶ 94 “a screen (a top screen 61 described later) displayed on the display 27 shown in FIG. 7, a roadway sign 81 represents a speed limit sign recognized by the road sign assist function.” Also see Fig. 7.)
depending on the detection, to display the first display and to activate the first driver assistance function upon actuation of the operating element. (Takahashi ¶ 133 discloses that the preferentially displayed element region 61a contains “a button 78a which is a transition element related to the radar cruise control function and a button 78b which is a setting element related to the lane tracing assist function” such that the setting screen related to the driving assistance function is highlighted “when that setting screen starts to be displayed is highlighted. In the example shown in FIG. 10, the request state of lane tracing assist function is set at the ON state.”)
Regarding claim 11, Takahashi discloses the selection device of claim 8, wherein:
the selection device has an input unit, by means of which the display and/or the function assigned to the operating element are settable. (Takahashi ¶ 108 discloses “The driver of the vehicle 10 can change the set states (setting values, parameters) related to the driving assistance functions by operation (manipulation) to the selection switch 56 and the OK switch 57 arranged on the steering wheel 55 shown in FIG. 5 while referring to screens displayed on the display 27” such that “the driver operates the operation section so as to change the set states related to the driving assistance functions”)
Regarding claim 12, Takahashi discloses the selection device of claim 8, wherein:
the selection device is configured to detect a change from the first equipment variant to the second equipment variant and, (Takahashi ¶ 109 discloses “When the driver changes the set states related to the driving assistance functions, various “screens” are switched to be displayed on the display 27. Various “display elements” are contained in each of the screens.” Also see Fig. 4 depicting at least a first and second equipment variant corresponding to first and second driver assistance functions.)
upon the detected change, to display the second display and to activate and/or deactivate the second driver assistance function upon an operation of the operating element. (Takahashi ¶ 129 discloses that “Each of the selection elements contained in the preferentially displayed element region 61a corresponds to the drive assistance function of which the set state is likely to be (has high possibility of being) changed by the driver who is currently on the vehicle 10 at the present time.”)
Regarding claim 13, Takahashi discloses the vehicle comprising:
the selection device of claim 8. (Takahashi in at least Fig. 1 and Fig. 5)
Regarding claim 14, Takahashi discloses the parallel limitations contained in parent claim 8 for the reasons discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Otake (U.S. Patent Publication Number 2014/0142797) discloses a driving assistance apparatus includes an assistance apparatus that is capable of outputting driving assistance information for assisting driving of the vehicle on the basis of a target travel state quantity of a vehicle, and an assistance control apparatus that controls the assistance apparatus to change a mode of the driving assistance information between a time period from a first assistance timing based on the target travel state quantity to a second assistance timing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE T SU whose telephone number is (571)272-5326. The examiner can normally be reached Monday to Friday, 9:30AM - 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANISS CHAD can be reached at (571)270-3832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE T SU/Patent Examiner, Art Unit 3662