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 the filing of U.S. Patent Application No. 18/877,576, filed December 20, 2024. Claims 11-26 are presently pending and are presented for examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) for PCT Patent Application No. PCT/EP2023/066264, filed June 16, 2023, is acknowledged and accepted.
Acknowledgment is made of applicant's claim for foreign priority based on German Patent Application No. DE102022115718.0, filed June 23, 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on December 20, 2024 is in compliance with the provisions of 37 CFT 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 102
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 1-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2021/0171036, to Kohlhuber.
As per claim 11, and similarly with respect to claim 26, Kohlhuber discloses a device configured to operate a driving function for automated longitudinal guidance of a vehicle at a signaling unit (e.g. see Abstract, wherein a method of automated starting of a transport at a light-signal system is provided), wherein the device is configured to: determine that the vehicle at the signaling unit can carry out an automated driving off maneuver (e.g. see paras 0017-0021, wherein a plausible check is performed for the automatic start); ascertain viewing information with respect to a viewing direction of a driver of the vehicle (e.g. see para 0028, wherein the viewing direction of the driver is determined); and effectuate or suppress the automated driving off maneuver based on the viewing information (e.g. see para 0028, wherein automated starting of the vehicle is performed, without further plausibility checks, based upon the driver’s gaze direction).
As per claim 12, Kohlhuber discloses the features of claim 11, and further discloses wherein the device is further configured to: determine, based on the viewing information, whether or not the driver has perceived the signaling unit including a signaling status of the signaling unit (e.g. see para 0028, wherein a determination is made whether the viewing direction of the driver is towards the traffic (i.e. light-signal system)); and effectuate the automated driving off maneuver in a case in which it is determined that the driver has perceived the signaling unit including the signaling status of the signaling unit (e.g. see para 0028, wherein automated starting of the vehicle is performed, without further plausibility checks, based upon the driver’s gaze direction); and/or suppress the automated driving off maneuver in a case in which it is determined that the driver has not perceived the signaling unit including the signaling status of the signaling unit.
As per claim 13, Kohlhuber discloses the features of claim 12, and further discloses wherein the device is further configured to: ascertain as the viewing information a duration during which the driver observes the signaling unit; and determine, based on the duration, whether or not the driver has perceived the signaling unit including the signaling status of the signaling unit (e.g. see para 0015, wherein the Office notes that a predetermined time must be observed to reduce false positive indications of driver gaze direction).
As per claim 14, Kohlhuber discloses the features of claim 12, and further discloses wherein in the case in which it is determined that the driver has not perceived the signaling unit including the signaling status of the signaling unit, the device is configured to: output a driving off notification to the driver via a user interface that an automated driving off maneuver can be carried out (e.g. see paras 0027-0028, wherein when the driver is facing the rear, an additional indication may be provided, such as through the audio system); and effectuate the automated driving off maneuver in reaction to a confirmation of the driver of the driving off notification via the user interface (e.g. see para 0028, wherein the driver performs the plausibility check via steering wheel interface).
As per claim 15, Kohlhuber discloses the features of claim 13, and further discloses wherein in the case in which it is determined that the driver has not perceived the signaling unit including the signaling status of the signaling unit, the device is configured to: output a driving off notification to the driver via a user interface that an automated driving off maneuver can be carried out (e.g. see paras 0027-0028, wherein when the driver is facing the rear, an additional indication may be provided, such as through the audio system); and effectuate the automated driving off maneuver in reaction to a confirmation of the driver of the driving off notification via the user interface (e.g. see para 0028, wherein the driver performs the plausibility check via steering wheel interface).
As per claim 16, Kohlhuber discloses the features of claim 11, and further discloses wherein the device is further configured to: output a driving off notification to the driver that an automated driving off maneuver can be carried out (e.g. see paras 0017-0021, wherein a plausible check is performed for the automatic start); ascertain the viewing information with respect to the viewing direction of the driver of the vehicle after output of the driving off notification (e.g. see para 0028, wherein the viewing direction of the driver is confirmed); and effectuate or suppress the automated driving off maneuver based on the viewing information with respect to the viewing direction of the driver of the vehicle after output of the driving off notification (e.g. see para 0028, wherein the start process begins based upon the plausibility check).
As per claim 17, Kohlhuber discloses the features of claim 12, and further discloses wherein the device is further configured to: output a driving off notification to the driver that an automated driving off maneuver can be carried out (e.g. see paras 0017-0021, wherein a plausible check is performed for the automatic start); ascertain the viewing information with respect to the viewing direction of the driver of the vehicle after output of the driving off notification (e.g. see para 0028, wherein the viewing direction of the driver is confirmed); and effectuate or suppress the automated driving off maneuver based on the viewing information with respect to the viewing direction of the driver of the vehicle after output of the driving off notification (e.g. see para 0028, wherein the start process begins based upon the plausibility check).
As per claim 18, Kohlhuber discloses the features of claim 11, and further discloses wherein the device is configured, in the context of the automated driving off maneuver, to effectuate that the vehicle is accelerated in an automated manner to a target speed and/or is longitudinally guided in an automated manner with a target distance to a leading vehicle driving in front of the vehicle; and the vehicle is accelerated and is then longitudinally guided in an automated manner using a distance and/or speed controller (e.g. see para 0019, wherein the automated starting process is limited to a distance of 50cm prior to a valid plausibility check; the Office further notes that it would be towards a preceding vehicle when one exists at a traffic signal).
As per claim 19, Kohlhuber discloses the features of claim 12, and further discloses wherein the device is configured, in the context of the automated driving off maneuver, to effectuate that the vehicle is accelerated in an automated manner to a target speed and/or is longitudinally guided in an automated manner with a target distance to a leading vehicle driving in front of the vehicle; and the vehicle is accelerated and is then longitudinally guided in an automated manner using a distance and/or speed controller (e.g. see para 0019, wherein the automated starting process is limited to a distance of 50cm prior to a valid plausibility check; the Office further notes that it would be towards a preceding vehicle when one exists at a traffic signal).
As per claim 20, Kohlhuber discloses the features of claim 11, and further discloses wherein the device is further configured to: acquire surroundings data with respect to the signaling unit and/or with respect to the surroundings of the vehicle arranged in front of the vehicle in a direction of travel via one or more surroundings sensors of the vehicle (e.g. see Fig. 2, and para 0035, wherein the vehicle includes camera 30, which is forward facing, to detect the light-signal); determine a signaling status of the signaling unit based on the surroundings status; and determine, based on the signaling status of the signaling unit, that the vehicle at the signaling unit can carry out an automated driving off maneuver (e.g. see para 0007, wherein the automatic starting is based upon a detected status of the light-signal).
As per claim 21, Kohlhuber discloses the features of claim 12, and further discloses wherein the device is further configured to: acquire surroundings data with respect to the signaling unit and/or with respect to the surroundings of the vehicle arranged in front of the vehicle in a direction of travel via one or more surroundings sensors of the vehicle (e.g. see Fig. 2, and para 0035, wherein the vehicle includes camera 30, which is forward facing, to detect the light-signal); determine a signaling status of the signaling unit based on the surroundings status; and determine, based on the signaling status of the signaling unit, that the vehicle at the signaling unit can carry out an automated driving off maneuver (e.g. see para 0007, wherein the automatic starting is based upon a detected status of the light-signal).
As per claim 22, Kohlhuber discloses the features of claim 11, and further discloses wherein the device is further configured to: acquire surroundings data with respect to the signaling unit and/or with respect to the surroundings of the vehicle arranged in front of the vehicle in a direction of travel via one or more surroundings sensors of the vehicle (e.g. see Fig. 2, and para 0035, wherein the vehicle includes camera 30, which is forward facing, to detect the light-signal); determine, based on the surroundings data, whether or not the vehicle is standing as the first vehicle and/or directly at a stopping line of the signaling unit; and determine that the vehicle at the signaling unit can carry out an automated driving off maneuver only in a case in which it is determined that the vehicle stands as the first vehicle and/or directly at the stopping line of the signaling unit (e.g. see para 0037, wherein the vehicle detects and stops at a stop position 74, which is a maximum distance 90 for the automated starting process).
As per claim 23, Kohlhuber discloses the features of claim 12, and further discloses wherein the device is further configured to: acquire surroundings data with respect to the signaling unit and/or with respect to the surroundings of the vehicle arranged in front of the vehicle in a direction of travel via one or more surroundings sensors of the vehicle (e.g. see Fig. 2, and para 0035, wherein the vehicle includes camera 30, which is forward facing, to detect the light-signal); determine, based on the surroundings data, whether or not the vehicle is standing as the first vehicle and/or directly at a stopping line of the signaling unit; and determine that the vehicle at the signaling unit can carry out an automated driving off maneuver only in a case in which it is determined that the vehicle stands as the first vehicle and/or directly at the stopping line of the signaling unit (e.g. see para 0037, wherein the vehicle detects and stops at a stop position 74, which is a maximum distance 90 for the automated starting process).
As per claim 24, Kohlhuber discloses the features of claim 11, and further discloses wherein the device is further configured to: acquire sensor data with respect to the driver of the vehicle via one or more driver sensors (e.g. see Fig. 2, and para 0035, wherein camera 40 detects head position of the driver); acquire surroundings data with respect to the signaling unit and/or with respect to the surroundings of the vehicle arranged in front of the vehicle in a direction of travel via one or more surroundings sensors of the vehicle (e.g. see Fig. 2, and para 0035, wherein the vehicle includes camera 30, which is forward facing, to detect the light-signal); and ascertain the viewing information based on the sensor data of the one or more driver sensors and the surroundings data (e.g. see para 0036, wherein an evaluation unit 10 receives data from cameras 30/40).
As per claim 25, Kohlhuber discloses the features of claim 12, and further discloses wherein the device is further configured to: acquire sensor data with respect to the driver of the vehicle via one or more driver sensors (e.g. see Fig. 2, and para 0035, wherein camera 40 detects head position of the driver); acquire surroundings data with respect to the signaling unit and/or with respect to the surroundings of the vehicle arranged in front of the vehicle in a direction of travel via one or more surroundings sensors of the vehicle (e.g. see Fig. 2, and para 0035, wherein the vehicle includes camera 30, which is forward facing, to detect the light-signal); and ascertain the viewing information based on the sensor data of the one or more driver sensors and the surroundings data (e.g. see para 0036, wherein an evaluation unit 10 receives data from cameras 30/40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. McPherson whose telephone number is (313) 446-6543. The examiner can normally be reached on 7:30 AM - 5PM Mon-Fri Eastern Alt Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on 571 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M MCPHERSON/Primary Examiner, Art Unit 3663B