DETAILED ACTION
This is a response to Application # 18/878,408 filed on December 23, 2024 in which claims 9-18 were presented for examination.
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
Claims 9-18 are pending, of which claim 17 is rejected under 35 U.S.C. § 101; claims 12, 14, and 15 are rejected under 35 U.S.C. § 112(b); claims 9 and 16-18 are rejected under 35 U.S.C. § 102(a)(1); and claims 10-15 are rejected under 35 U.S.C. § 103.
Information Disclosure Statement
The information disclosure statement filed December 23, 2025 fails to comply with 37 C.F.R. § 1.98(a)(3), which requires a concise explanation of relevance and a copy of the translation on non-English language documents. It has been placed in the application file, but the information referred to therein has not been considered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 C.F.R. § 1.55.
Claim Interpretation
These claims repeatedly refer to a “debounce” time. It is the examiner’s duty to give claims “their broadest reasonable interpretation consistent with the specification.” See MPEP § 2111, citing Phillips v. AWH Corp., 415 F.3d 1303, 75 USPQ2d 1321 (Fed. Cir. 2005).
In the present specification, the debounce time is said to be a “time [that] temporarily prevents activation of the function.” (Spec. ¶ 4). Thus, for purposes of examination, a debounce time shall be interpreted to at least include any time that temporarily prevents activation of a function.
Claims 12 and 14 refer to a “predetermined average value.” Because neither the claims nor the specification define what values are used to calculate a mathematical average, this term shall be construed to mean “typical,” as this is the broadest reasonable interpretation in light of the present specification.
Claim 12 recites a method claim including the limitation “wherein the debounce time is increased when the reliability of the identification is lower than a predetermined average value.” (Emphasis added). The broadest reasonable interpretation of this limitation does not require the debounce time to be increased. See Ex parte Schulhauser, 2013-007847 (PTAB 2016) (precedential) where the board held that when method steps are to be carried out only upon the occurrence of a condition precedent, the broadest reasonable interpretation holds that those steps are not required to be performed. (id. at *7). See, e.g., Reactive Surfaces v. Toyota Motor Corp., IPR2016-01914 (PTAB 2018) (“[t]he use of ‘when’ instead of ‘if’ does not change whether the method step is conditional”) (citing Ex parte Kaundinya, No. 2016-000917, 2017 WL 5510012, at *5-6 (PTAB Nov. 14, 2017) ("when" may indicate a conditional method step); Ex parte Zhou, No. 2016-004913, 2017 WL 5171533, at *2 (PTAB Nov. 1, 2017) (same); Ex parte Lee, No. 2014-009364, 2017 WL 1101681, at *2 (PTAB Mar. 16, 2017) (same)).
Claim 14 recites a method claim including the limitation “ “wherein the debounce time is increased when the reliability of the identification is lower than a predetermined average value.” (Emphasis added). The broadest reasonable interpretation of this limitation does not require the debounce time to be increased. See Ex parte Schulhauser, 2013-007847 (PTAB 2016) (precedential) where the board held that when method steps are to be carried out only upon the occurrence of a condition precedent, the broadest reasonable interpretation holds that those steps are not required to be performed. (id. at *7). See, e.g., Reactive Surfaces v. Toyota Motor Corp., IPR2016-01914 (PTAB 2018) (“[t]he use of ‘when’ instead of ‘if’ does not change whether the method step is conditional”) (citing Ex parte Kaundinya, No. 2016-000917, 2017 WL 5510012, at *5-6 (PTAB Nov. 14, 2017) ("when" may indicate a conditional method step); Ex parte Zhou, No. 2016-004913, 2017 WL 5171533, at *2 (PTAB Nov. 1, 2017) (same); Ex parte Lee, No. 2014-009364, 2017 WL 1101681, at *2 (PTAB Mar. 16, 2017) (same)).
Claim 15 recites a method claim including the limitation “wherein the debounce time is increased if the road type is consistent with a freeway.” (Emphasis added). The broadest reasonable interpretation of this limitation does not require the debounce time to be increased. See Ex parte Schulhauser, 2013-007847 (PTAB 2016) (precedential) where the board held that when method steps are to be carried out only upon the occurrence of a condition precedent, the broadest reasonable interpretation holds that those steps are not required to be performed. (id. at *7).
Claim Objections
Claims 9, 11, 13, 16, and 17 are objected to because of the following informalities: These claims contain “and/or” language. While definite, the preferred verbiage for such language is “at least one of A and B,” See Ex parte Gross (PTAB 2014) (App. S.N. 11/565,411), at Page 4, Footnote 1. Appropriate correction is required.
Claim Rejections - 35 U.S.C. § 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.
Claim 17 is rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claim 17, it recites a “system” for displaying a document comprising a “lane-guidance assistant.” The Specification expressly states that this may be a “computer program.” (emphasis added). (Spec. ¶ 20). Accordingly, the recited “lane-guidance assistant” is computer software per se and is not a “process,” a “machine,” a “manufacture” or a “composition of matter,” as defined in 35 U.S.C. § 101.
Claim Rejections - 35 U.S.C. § 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.
Claims 12, 14, and 15 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 12 and 14, these claims refer to a “predetermined average value.” As discussed in the claim interpretation section above, this is being interpreted as a “predetermined typical value,” and, therefore the term “average” is a relative term which renders the claim indefinite. The term “average” 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. In other words, a person of ordinary skill in the art would not be aware of what values were “typical.”
In order to overcome this rejection, the examiner recommends amending this to “predetermined
Regarding claim 15, the term “freeway” is a relative term which renders the claim indefinite. The term “freeway” 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. In other words, a person of ordinary skill in the art would not be able to determine when a road was a freeway as compared to, for example, a highway or a throughway.
Claim Rejections - 35 U.S.C. § 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 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 9 and 16-18 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Hashimoto et al., US Publication 2018/0148060 (hereinafter Hashimoto).
Regarding claim 9, Hashimoto discloses a method for operating a lane guidance assistant of a vehicle, the method comprising the steps of “receiving environment data that describe surroundings of the vehicle” (Hashimoto ¶ 39) where the sensors obtain information about the “situation surrounding the vehicle” (i.e., environment data that describe surroundings of the vehicle.” Additionally, Hashimoto discloses “identifying lane boundaries that bound a lane in which the vehicle is currently located” (Hashimoto ¶ 39) by recognizing (i.e., identifying) the lane geometry (i.e., boundaries) of the current lane and the merging lane. Further, Hashimoto discloses “automatically performing steering interventions to keep the vehicle in the lane when the lane boundaries are identified for a predetermined debounce time” (Hashimoto ¶ 41) by delaying the lane change operation (i.e., keeping the vehicle in the lane) for a delay processing time (i.e., a debounce time) that may be at least a standard timing. Moreover, Hashimoto discloses “continually determining environmental conditions, the environmental conditions describing a current location of the vehicle, a weather in the surroundings, a current time of day, and/or a road type associated with the lane” (Hashimoto ¶¶ 59, 63) by “repeatedly execut[ing at] every certain cycle” the information acquisition process (Hashimoto ¶ 59), that includes weather information (i.e., weather in the surroundings) and roadwork section information (i.e., road type associated with the lane, Hashimoto ¶ 63). Finally, Hashimoto discloses “adapting the debounce time based on the continually determined environmental conditions” (Hashimoto ¶ 76) by setting the start timing TA to the start timing TB based on the “driving environment information.”
Regarding claim 16, Hashimoto discloses the limitations contained in parent claim 9 for the reasons discussed above. In addition, Hashimoto discloses “wherein the environmental conditions are determined based on the environment data, satellite-based position data, digital map data, and/or weather data” (Hashimoto ¶ 63) where the environmental conditions are determined based on at least weather data.
Regarding claim 17, it merely recites a lane-guidance assistant for performing the method of claim 9. The lane-guidance assistant comprises computer software modules for performing the various functions. Hashimoto comprises computer software modules for performing the same functions. Thus, claim 17 is rejected using the same rationale set forth in the above rejection for claim 9.
Regarding claim 18, it merely recites a vehicle comprising the lane-guidance assistant of claim 17. The vehicle comprises computer software modules for performing the various functions. Hashimoto comprises a vehicle comprising a lane-guidance assistant performing the same functions. Thus, claim 18 is rejected using the same rationale set forth in the above rejection for claim 17.
Claim Rejections - 35 U.S.C. § 103
The following is a quotation of 35 U.S.C. § 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
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. Applicants are advised of the obligation under 37 C.F.R. § 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.
Claims 10-14 are rejected under 35 U.S.C. § 103 as being unpatentable over Hashimoto in view of Fang et al., US Publication 2022/0297635 (hereinafter Fang).
Regarding claim 10, Hashimoto discloses the limitations contained in parent claim 9 for the reasons discussed above. In addition, Hashimoto does not appear to explicitly disclose “wherein the current location of the vehicle is taken as a basis for determining a country-specific stipulation for the debounce time, and the debounce time is adapted based on the country-specific stipulation.”
However, Fang discloses a vehicle control method that generates a delay before processing vehicle functionality “wherein the current location of the vehicle is taken as a basis for determining a country-specific stipulation for the debounce time, and the debounce time is adapted based on the country-specific stipulation” (Fang ¶ 140) where trigger descriptions including delay periods (i.e., debounce times) are set based on geographic and jurisdictional map data including the country.
Hashimoto and Fang are analogous art because they are from the “same field of endeavor,” namely that of vehicle control systems.
Prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hashimoto and Fang before him or her to modify the delay time of Hashimoto to include the country based factors of Fang.
The motivation for doing so would have been that a person of ordinary skill in the art prior to the effective filing date would have recognized that doing so would allow the vehicle to comply with all laws, which is a known desirable feature.
Regarding claim 11, the combination of Hashimoto and Fang discloses the limitations contained in parent claim 10 for the reasons discussed above. In addition, the combination of Hashimoto and Fang discloses “wherein the weather and/or the current time of day is/are taken as a basis for determining a reliability of the identification of the lane boundaries based on the environment data, and the debounce time is adapted based on the reliability of the identification” (Fang ¶¶ 73-74) by repeating an operation until an observed behavior meets a confidence level (Fang ¶ 74), which may include time of day and weather. A person of ordinary skill in the art would have recognized that when Fang was combined with Hashimoto, this would be for the “identification of the lane boundaries,” as taught by Hashimoto.
Regarding claim 12, the combination of Hashimoto and Fang discloses the limitations contained in parent claim 11 for the reasons discussed above. In addition, the combination of Hashimoto and Fang discloses “wherein the debounce time is increased when the reliability of the identification is lower than a predetermined average value” (Fang ¶ 74) where a person of ordinary skill in the art would understand that when the value does not meet a confidence (i.e., reliability) threshold (i.e., lower than a predetermined average value) and is repeated, the act of repetition is increasing the delay time.
Regarding claim 13, Hashimoto discloses the limitations contained in parent claim 9 for the reasons discussed above. In addition, Hashimoto does not appear to explicitly disclose “wherein the weather and/or the current time of day is/are taken as a basis for determining a reliability of the identification of the lane boundaries based on the environment data, and the debounce time is adapted based on the reliability of the identification.”
However, Fang discloses a vehicle control method that generates a delay before processing vehicle functionality “wherein the weather and/or the current time of day is/are taken as a basis for determining a reliability of the identification of the lane boundaries based on the environment data, and the debounce time is adapted based on the reliability of the identification” (Fang ¶¶ 73-74) by repeating an operation until an observed behavior meets a confidence level (Fang ¶ 74), which may include time of day and weather. A person of ordinary skill in the art would have recognized that when Fang was combined with Hashimoto, this would be for the “identification of the lane boundaries,” as taught by Hashimoto.
Hashimoto and Fang are analogous art because they are from the “same field of endeavor,” namely that of vehicle control systems.
Prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hashimoto and Fang before him or her to modify the delay time of Hashimoto to include the reliability measure of Fang.
The motivation for doing so would have been that a person of ordinary skill in the art prior to the effective filing date would have realized that such a modification would reduce the risk of false positives and/or false negatives.
Regarding claim 14, the combination of Hashimoto and Fang discloses the limitations contained in parent claim 13 for the reasons discussed above. In addition, the combination of Hashimoto and Fang discloses “wherein the debounce time is increased when the reliability of the identification is lower than a predetermined average value” (Fang ¶ 74) where a person of ordinary skill in the art would understand that when the value does not meet a confidence (i.e., reliability) threshold (i.e., lower than a predetermined average value) and is repeated, the act of repetition is increasing the delay time.
Claim 15 is rejected under 35 U.S.C. § 103 as being unpatentable over Hashimoto in view of Banvait et al., US Publication 2019.
Regarding claim 15, Hashimoto discloses the limitations contained in parent claim 9 for the reasons discussed above. In addition, Hashimoto does not appear to explicitly disclose “wherein the debounce time is increased if the road type is consistent with a freeway.”
However, Banvait discloses an autonomous vehicle control method including the step of “wherein the debounce time is increased if the road type is consistent with a freeway” (Banvait ¶ 71) by setting the delay (i.e., debounce time) in a lane change event from 0 to 10-20 seconds when exiting a freeway.
Hashimoto and Banvait are analogous art because they are from the “same field of endeavor,” namely that of autonomous vehicle control.
Prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Hashimoto and Banvait before him or her to modify the delay calculation of Hashimoto to include the consideration of freeway driving in the delay calculation of Banvait.
The motivation for doing so would have been that such a features is part of an improved method for dealing with rapidly occurring situations. (Banvait ¶ 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW R DYER whose telephone number is (571)270-3790. The examiner can normally be reached Monday-Thursday 7:30-4:30.
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/ANDREW R DYER/Primary Examiner, Art Unit 3662