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 .
Claims 1 thru 20 have been examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: From Figure 1, reference characters “MDPS1” and “PE” are not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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
The disclosure is objected to because of the following informalities: P[0013] recites, “According to at least one embodiment, the controller may be configured to: based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode, determine one from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode.” It is unclear what is being referenced by the “determine one” phrase (a selection, a comparison, or a driving mode. The examiner assume P[0013] should read, “According to at least one embodiment, the controller may be configured to: based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode, determine the at least one driving mode from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode.”
Appropriate correction is required.
The disclosure is objected to because of the following informalities: P[0023] recites, “According to at least one embodiment, the method may include determining, by the controller, one from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode, based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode.” It is unclear what is being referenced by the “determining…one” phrase (a selection, a comparison, or a driving mode. The examiner assume P[0023] should read, “According to at least one embodiment, the method may include determining, by the controller, the at least one driving mode from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode, based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode.”
Appropriate correction is required.
The disclosure is objected to because of the following informalities: In P[0079], “step S100” should be “step S110” to agree with Figure 2.
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.
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 power supply system configured to supply power in claims 1 and 11.
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. The power supply system is interpreted to include “a high-voltage battery (HV), a low-voltage direct current to direct current (DC/DC) converter (LDC), and a low-voltage battery (12V BATT)” P[0046].
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 7 thru 9 and 17 thru 19 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 7 recites, “based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode, determine one from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode”. It is unclear if the “determine one” phrase is in reference to the selection, the comparison, or the at least one driving mode. The examiner assumes it is the driving mode for continued examination, and should be “based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode, determine the at least one driving mode from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode”.
Claim 17 recites, “determining one from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode, based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode”. It is unclear if the “determining one” phrase is in reference to the selection, the comparison, or the at least one driving mode. The examiner assumes it is the driving mode for continued examination, and should be “determining the at least one driving mode from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode, based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode”.
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.
Claim(s) 1 thru 4 and 11 thru 14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Urano et al Patent Application Publication Number 2022/0315045 A1.
Regarding claim 1 Urano et al disclose the claimed vehicle, autonomous vehicle 20 (Figure 1), comprising:
the claimed at least one essential electronic device belonging to a first load class, an autonomous driving ECU 211 that autonomously drives the vehicle 20 (P[0032] and Figure 3);
the claimed at least one general electronic device belonging to a second load class, a remote control ECU 212 that operates the vehicle 20 according to remote control from the outside (P[0032] and Figure 3);
the claimed power supply system to supply power to the at least one essential electronic device and the at least one general electronic device, “the autonomous driving device 21 predicts from the route to the destination and the remaining power of the battery 28 whether the vehicle 20 will be able to reach the destination with both the autonomous driving ECU 211 and the remote control ECU 212 kept active” (P[0044], Figures 2 and 3);
the claimed switch to switch an electrical connection between the power supply system and the at least one general electronic device, “when the determination result acquired from the reachability determination unit 243 indicates that the vehicle 20 cannot reach the destination with the driving function ECUs kept in their current operating states, the driving function determination unit 244 determines which driving function ECU to operate and which driving function ECU not to operate based on the individual power consumption amounts of the two driving function ECUs. The driving function determination unit 244 sends a switch control signal to the driving function ECU(s) whose operating state is to be changed according to the determination result.” P[0075], and the driving function switch ECU 214 (Figures 3 and 4); and
the claimed controller to control the switch, “The driving function switch ECU 214 switches the operating states of the autonomous driving ECU 211 and the remote control ECU 212. As described above, the basic operating state of both the autonomous driving ECU 211 and the remote control ECU 212 is an active state. When it is necessary to change the operating state of either or both of the autonomous driving ECU 211 and the remote control ECU 212 in order for the vehicle 20 to reach the destination, the driving function switch ECU 214 sends a switch control signal to the driving function ECU(s) whose operating state is to be changed.” P[0056],
the claimed controller controls the switch to turn on or off a power supply to the at least one general electronic device based on a power state of the power supply system and a predicted driving distance to a destination, “a method for calculating the individual power consumption amount is to register in advance the “power consumption per unit distance (Wh/m)” of each driving function ECU in the database and output the power consumption (Wh) according to the distance to the destination included in the destination information” P[0068], “In step S1 of this autonomous driving method, destination information is acquired. In step S2, the amount of power required for the vehicle 20 to reach the destination when the driving function ECU(s) that is currently in operation continues to operate, that is, the power consumption amount, is calculated based on the destination information. In step S3, the remaining power of the battery 28 is acquired.” (P[0076] and Figure 5), “Thereafter, in step S4, it is determined based on the power consumption amount calculated in step S2 and the remaining power acquired in step S3 whether the vehicle 20 can reach the destination with the driving function ECUs kept in their current operating states.” (P[0077] and Figure 5), “When No in step S4, the routine proceeds to step S5. In step S5, the amount of power consumed by the driving function ECU when the driving function ECU operates until the vehicle 20 reaches the destination, namely the individual power consumption amount of the driving function ECU, is calculated for each driving function ECU. In step S6, the driving function ECU(s) to be operated until the vehicle 20 reaches the destination is determined based on the remaining power acquired in step S3 and the individual power consumption amounts of the driving function ECUs calculated in step S5.” (P[0078] and Figure 5), and “FIG. 7 shows a specific example in which both the autonomous driving ECU 211 and the remote control ECU 212 are active and it is determined that the vehicle 20 cannot reach the destination with the autonomous driving ECU 211 and the remote control ECU 212 kept in their current operating states. In this example, the autonomous driving ECU 211 is kept active, and the remote control ECU 212 is stopped or put to sleep.” (P[0082] and Figure 7).
Regarding claim 11 Urano et al disclose the claimed method, the flowchart of Figure 5, comprising:
the claimed providing at least one essential electronic device belonging to a first load class, an autonomous driving ECU 211 that autonomously drives the vehicle 20 (P[0032] and Figure 3),
the claimed providing at least one general electronic device belonging to a second load class, a remote control ECU 212 that operates the vehicle 20 according to remote control from the outside (P[0032] and Figure 3),
the claimed providing a power supply system to supply power to the at least one essential electronic device and the at least one general electronic device, “the autonomous driving device 21 predicts from the route to the destination and the remaining power of the battery 28 whether the vehicle 20 will be able to reach the destination with both the autonomous driving ECU 211 and the remote control ECU 212 kept active” (P[0044], Figures 2 and 3),
the claimed providing a switch to switch an electrical connection between the power supply system and the at least one general electronic device, “when the determination result acquired from the reachability determination unit 243 indicates that the vehicle 20 cannot reach the destination with the driving function ECUs kept in their current operating states, the driving function determination unit 244 determines which driving function ECU to operate and which driving function ECU not to operate based on the individual power consumption amounts of the two driving function ECUs. The driving function determination unit 244 sends a switch control signal to the driving function ECU(s) whose operating state is to be changed according to the determination result.” P[0075], and the driving function switch ECU 214 (Figures 3 and 4), and
the claimed providing a controller to control the switch, “The driving function switch ECU 214 switches the operating states of the autonomous driving ECU 211 and the remote control ECU 212. As described above, the basic operating state of both the autonomous driving ECU 211 and the remote control ECU 212 is an active state. When it is necessary to change the operating state of either or both of the autonomous driving ECU 211 and the remote control ECU 212 in order for the vehicle 20 to reach the destination, the driving function switch ECU 214 sends a switch control signal to the driving function ECU(s) whose operating state is to be changed.” P[0056],
the claimed controlling the switch to turn on or off a power supply to the at least one general electronic device based on a power state of the power supply system and a predicted driving distance to a destination, “a method for calculating the individual power consumption amount is to register in advance the “power consumption per unit distance (Wh/m)” of each driving function ECU in the database and output the power consumption (Wh) according to the distance to the destination included in the destination information” P[0068], “In step S1 of this autonomous driving method, destination information is acquired. In step S2, the amount of power required for the vehicle 20 to reach the destination when the driving function ECU(s) that is currently in operation continues to operate, that is, the power consumption amount, is calculated based on the destination information. In step S3, the remaining power of the battery 28 is acquired.” (P[0076] and Figure 5), “Thereafter, in step S4, it is determined based on the power consumption amount calculated in step S2 and the remaining power acquired in step S3 whether the vehicle 20 can reach the destination with the driving function ECUs kept in their current operating states.” (P[0077] and Figure 5), “When No in step S4, the routine proceeds to step S5. In step S5, the amount of power consumed by the driving function ECU when the driving function ECU operates until the vehicle 20 reaches the destination, namely the individual power consumption amount of the driving function ECU, is calculated for each driving function ECU. In step S6, the driving function ECU(s) to be operated until the vehicle 20 reaches the destination is determined based on the remaining power acquired in step S3 and the individual power consumption amounts of the driving function ECUs calculated in step S5.” (P[0078] and Figure 5), and “FIG. 7 shows a specific example in which both the autonomous driving ECU 211 and the remote control ECU 212 are active and it is determined that the vehicle 20 cannot reach the destination with the autonomous driving ECU 211 and the remote control ECU 212 kept in their current operating states. In this example, the autonomous driving ECU 211 is kept active, and the remote control ECU 212 is stopped or put to sleep.” (P[0082] and Figure 7).
Regarding claims 2 and 12 Urano et al disclose the claimed first load class includes essential loads for devices necessary to drive the vehicle, “The first driving function ECU is an autonomous driving ECU 211 that autonomously drives the vehicle 20.” P[0032], and the claimed second load class includes convenience loads for devices optionally operated for user convenience, “The second driving function ECU is a remote control ECU 212 that operates the vehicle 20 according to remote control from the outside.” P[0032], and “In the example shown in FIG. 2, the autonomous driving device 21 stops the remote control ECU 212 or puts the remote control ECU 212 to sleep at a point P3 while continuing autonomous driving by the autonomous driving ECU 211. This means that the autonomous driving device 21 determines at the point P3 that the vehicle 20 cannot reach the destination if both the autonomous driving ECU 211 and the remote control ECU 212 are kept active, and that the vehicle 20 can travel the remaining route to the destination by autonomous driving. By stopping the remote control ECU 212 or putting the remote control ECU 212 to sleep, power consumption is reduced, and the rate of decrease in remaining power of the battery 28 is reduced. This enables the vehicle 20 to reach the destination.” (P[0045] and Figure 2), the remote control ECU 212 is not needed to reach the destination and is the claimed user convenience.
Regarding claims 3 and 13 Urano et al disclose the claimed essential loads comprise a load related to a vehicle control unit, “The first driving function ECU is an autonomous driving ECU 211 that autonomously drives the vehicle 20.” P[0032].
Regarding claims 4 and 14 Urano et al disclose the claimed power state comprises an available driving distance of a battery of the vehicle, “a method for calculating the individual power consumption amount is to register in advance the “power consumption per unit distance (Wh/m)” of each driving function ECU in the database and output the power consumption (Wh) according to the distance to the destination included in the destination information” P[0068], and “the autonomous driving device 21 predicts from the route to the destination and the remaining power of the battery 28 whether the vehicle 20 will be able to reach the destination with both the autonomous driving ECU 211 and the remote control ECU 212 kept active” (P[0044] and Figure 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 thru 8, 10, 15 thru 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urano et al Patent Application Publication Number 2022/0315045 A1 in view of Nagayanagi et al Patent Application Publication Number 2012/0316714 A1.
Regarding claims 5 and 15 Urano et al teach the claimed available driving distance being less than the predicted driving distance, “in step S4, it is determined based on the power consumption amount calculated in step S2 and the remaining power acquired in step S3 whether the vehicle 20 can reach the destination with the driving function ECUs kept in their current operating states” (P[0077] and Figure 5), and “When No in step S4, the routine proceeds to step S5. In step S5, the amount of power consumed by the driving function ECU when the driving function ECU operates until the vehicle 20 reaches the destination, namely the individual power consumption amount of the driving function ECU, is calculated for each driving function ECU.” (P[0078] and Figure 5).
Urano et al do not explicitly teach the claimed display an available driving distance for a driving mode on a vehicle display when unable to reach the destination. Urano et al do determine the remaining power in a battery (Figure 2) and the remaining power is converted to a distance P[0068].
Nagayanagi et al teach, “In step S147, the central controller 14 controls the display device in the human interface device 13a to display the maximum cruising range with using the remaining electric power in the battery 6.” (P[0058] and Figure 5), “As shown in FIG. 3, the increase distance 13g of the maximum cruising range in each energy saving control mode is displayed on the display device 13e. The increase distance 13g is an effect when the energy saving control mode is selected.” (P[0050] and Figure 3), and “When the central controller 14 determines that the vehicle can not reach the destination, it goes to step S145. In step S145, the central controller 14 controls the display device in the human interface device 13a to display a message (i.e., a message of arrival impossibility) such that the vehicle can not reach the destination. Thus, the in-vehicle control device 1 notifies the user that the vehicle can not reach the destination. Further, in step S145, the energy saving control modes for restricting the reduction of the remaining electric power are displayed again, and another button image for selecting additional energy saving control modes is displayed. Specifically, in step S145, the central controller 14 requests the user to determine whether the energy saving control modes for restricting the reduction of the remaining electric power are additionally selected.” (P[0057] and Figure 5). The display of the maximum cruising range of Nagayanagi et al would be combined with Urano et al to display the distance related to the determined battery remaining power. A person having ordinary skill in the art would understand the relation between remaining battery power and the distance that the vehicle is able to travel and displaying such information. The display of a driving range in a vehicle is common and well known in many recent vehicles (range of the fuel). This display of the range can be applied to both gas powered and electrical powered vehicles.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the autonomous driving vehicle and method of Urano et al with the display of a maximum cruising range of Nagayanagi et al in order to, with a reasonable expectation of success, reduce driving energy of a vehicle so that a function of the vehicle is reduced, and a maximum cruising range is extended after the in-vehicle controller informs a driver of the vehicle about a limitation of a function of the vehicle (Nagayanagi et al P[0008]).
Regarding claims 6 and 16 Urano et al and Nagayanagi et al teach the claimed vehicle of claims 1, 4 and 5, and the claimed method of claims 11, 14 and 15 (see above), wherein Urano et al teach the claimed at least one driving mode comprises at least one of a driver driving mode, an autonomous driving mode, or a super fuel efficient driving mode, “The first driving function ECU is an autonomous driving ECU 211 that autonomously drives the vehicle 20.” P[0032], claimed autonomous driving mode.
Regarding claims 7 and 17 Urano et al and Nagayanagi et al teach the claimed vehicle of claims 1 and 4 thru 6, and the claimed method of claims 11 and 14 thru 16 (see above), wherein Urano et al teach the claimed based on a selection by a driver of the vehicle or a comparison of the available driving distance for each driving mode, determine the at least one driving mode from among the driver driving mode, the autonomous driving mode, and the super fuel-efficient driving mode, “FIG. 7 shows a specific example in which both the autonomous driving ECU 211 and the remote control ECU 212 are active and it is determined that the vehicle 20 cannot reach the destination with the autonomous driving ECU 211 and the remote control ECU 212 kept in their current operating states. In this example, the autonomous driving ECU 211 is kept active, and the remote control ECU 212 is stopped or put to sleep.” (P[0082] and Figure 7), the vehicle not being able to reach the destination using both ECU 221 and ECU 212 equates to the claimed comparison of the available driving distance for each driving mode, and keeping the ECU 211 active equates to the claimed determine the at least one driving mode.
Regarding claims 8 and 18 Urano et al and Nagayanagi et al teach the claimed vehicle of claims 1 and 4 thru 7, and the claimed method of claims 11 and 14 thru 17 (see above), wherein Urano et al do not explicitly teach the claimed super-efficient driving mode with the power supply to the at least one general electronic device is turned off, but Urano et al do turn off the remote driving ECU 212 when the vehicle cannot reach the destination (P[0082] and Figure 7). Nagayanagi et al teach, “the energy saving control modes includes a mode for turning off a vehicle interior light, a mode for turning off an audio device, a mode for turning off an air conditioning device, a mode for maintaining a low torque driving condition, a mode for switching to an energy saving shift range, and a mode for maximizing regeneration electric power” (P[0045] and Figure 3), the turning off and restricting modes equates to the claimed super-efficient driving mode. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the autonomous driving vehicle and method of Urano et al with the turning off of devices and restricting operation of the vehicle to reach a destination of Nagayanagi et al in order to, with a reasonable expectation of success, reduce driving energy of a vehicle so that a function of the vehicle is reduced, and a maximum cruising range is extended after the in-vehicle controller informs a driver of the vehicle about a limitation of a function of the vehicle (Nagayanagi et al P[0008]).
Regarding claims 10 and 20 Urano et al and Nagayanagi et al teach the claimed vehicle of claims 1, 4 and 5, and the claimed method of claims 11, 14 and 15 (see above), wherein Urano et al teach the claimed controller stores fuel efficiency in at least one of the driver driving mode or the autonomous driving mode, “The power consumption amount calculation unit 241 calculates the total power consumption amount of all the driving function ECUs that are currently in operation, whereas the individual power consumption amount calculation unit 242 calculates the individual power consumption amounts of all the driving function ECUs including the driving function ECU that is currently not in operation. An example of a method for calculating the individual power consumption amount is to register in advance the “power consumption per unit distance (Wh/m)” of each driving function ECU in the database and output the power consumption (Wh) according to the distance to the destination included in the destination information. When power consumption varies with time, the power consumption amount may be calculated using data such as maximum, average, and median values.” P[0068], the registered power consumption in a database equates to the claimed storing fuel efficiency.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urano et al Patent Application Publication Number 2022/0315045 A1 and Nagayanagi et al Patent Application Publication Number 2012/0316714 A1 as applied to claims 1, 4 thru 8, 11 and 14 thru 18 above, and further in view of Ding et al Patent Application Publication Number 2019/0111926 A1.
Regarding claims 9 and 19 Urano et al and Nagayanagi et al teach the claimed vehicle of claims 1 and 4 thru 8, and the claimed method of claims 11 and 14 thru 18 (see above), wherein Urano et al do not explicitly teach the claimed super-efficient mode restricts sudden acceleration or sudden starts, and emergency lights blink. Nagayanagi et al teach the claimed super-efficient mode restricts sudden acceleration or sudden starts, the energy saving control modes includes a mode for maintaining a low torque driving condition (P[0045] and Figure 3) (claimed restriction of sudden acceleration). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the autonomous driving vehicle and method of Urano et al with the low torque driving condition of Nagayanagi et al in order to, with a reasonable expectation of success, reduce driving energy of a vehicle so that a function of the vehicle is reduced, and a maximum cruising range is extended after the in-vehicle controller informs a driver of the vehicle about a limitation of a function of the vehicle (Nagayanagi et al P[0008]).
Nagayanagi et al do not teach the claimed super-efficient mode includes blinking emergency lights. Turning on emergency flashers is an indication of a hazard to other drivers. A vehicle running slower than the surrounding traffic would turn on their hazard lights. A situation were a vehicle restricts speed in order to limp home in order to save energy, would be a reason to use their flashers.
Ding et al teach the claimed super-efficient mode includes blinking emergency lights, “Once the emergency is relieved, the ECU can re-adjust the vehicle speed to 40 KM/hour to cruise at a constant speed. In addition, it should be noted that the “forced adaptive driving mode” is an emergency mode set to prevent roadside breakdown from power shortage. Therefore, once entering this mode, it is better for the electric vehicle to turn on the hazard warning flashers to warn surrounding vehicles so as to minimize the possibility of collision with the surrounding vehicles.” P[0022]. The forced adaptive driving mode or emergency mode equates to the claimed super-efficient mode, the re-adjusting of the vehicle speed to prevent roadside breakdown from power shortage equates to restricting the vehicle to use less energy (claimed turning off power to devices). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the autonomous driving vehicle and method of Urano et al and the low torque driving condition of Nagayanagi et al with the turning of off the hazard warning flashers when the vehicle speed is restricted to use less energy of Ding et al in order to, with a reasonable expectation of success, prevent roadside breakdown from power shortage (Ding et al P[0004]), and warn surrounding vehicles so as to minimize the possibility of collision with the surrounding vehicles (Ding et al P[0022]).
Related Art
The examiner points to Yi PGPub 2020/0009970 A1 as related art, but not relied upon for any rejection. Yi is directed to determining whether to activate the power saving driving mode by comparing the estimated movable distance with the distance to the destination (S130, S202). When the estimated movable distance is greater than or equal to the distance to the destination, and it is determined that travel to the destination, particularly autonomous travel to the destination, is possible, the control unit 1200 may not activate the power saving driving mode, and by starting a general mode, particularly the autonomous mode, may end the process (S203) (P[0259] and Figures 9 thru 10B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALE W HILGENDORF whose telephone number is (571)272-9635. The examiner can normally be reached Monday - Friday 9-5:30.
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/DALE W HILGENDORF/Primary Examiner, Art Unit 3662