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 .
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.
Status of Claims
The amendment filed 03/03/2026 has been entered. Claims 1, 3, 5, 7 and 8 have been amended. Claim 6 has been canceled. Claims 1-5, 7 and 8 are now pending.
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 USC 119 (a)-(d) to application JP2023-168951 filed 09/29/2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. As such, the effective filing date of the application is 09/29/2023.
Response to Arguments
Applicant’s arguments with respect to the 35 USC 102(a)(2) rejections set forth in the Non-Final Office Action mailed 12/03/2025 have been fully considered but are moot because the amendments to the claim language have necessitated new grounds of rejection set forth below.
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.
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 1-5, 7 and 8 rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240182052 A1), hereinafter Kim in view of Shimizu et al. (US 20190256104 A1), hereinafter Shimizu.
Regarding claim 1, Kim discloses:
A vehicle control device comprising: a recognizer that recognizes a surrounding situation of a vehicle (see at least [0067]: “The camera 110 may include a plurality of lenses and an image sensor. The image sensor may include a plurality of photodiodes for converting light into electrical signals, and the plurality of photodiodes may be disposed in the form of a two-dimensional matrix.”)
a vehicle controller that executes vehicle control for controlling at least one of acceleration/deceleration and steering of the vehicle when there is a probability of contact between the vehicle and an obstacle on the basis of recognition results of the recognizer (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
and a driving state detector that detects a driving state of an occupant of the vehicle, wherein the vehicle control comprises: an alarm control for notifying the occupant when the vehicle approaches the obstacle (see at least [0109]: “When the driver's manipulation for driving the vehicle 1 is detected after the first warning is output, the control module 250 follows the driver's manipulation with respect to a factor for which the driver's manipulation has been detected among main factors related to the traveling of the vehicle 1, such as an acceleration, a deceleration, and a steering, according to the detected driver's manipulation.”)
and an avoidance control for avoiding contact with the obstacle when the vehicle and the obstacle come closer to each other, and the alarm control operates (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
and wherein the vehicle controller suspends the alarm control when a steering operation equal to or more than a predetermined amount from a reference value is detected due to a steering operation of the occupant detected by the driving state detector during the alarm control (see at least [0111]: “When the driver's manipulation for driving the vehicle 1 is not detected after the first warning is output, the collision prediction module 210 determines whether it is predicted that the object 2 will collide with the vehicle 1 within a second time.”)
and does not suspend the avoidance control when a steering operation equal to or more than a predetermined amount from the reference value is detected during the avoidance control (see at least [0117]: “When the driver's manipulation is not detected even after the second warning is output, the control module 250 processes the image data, the radar data, the LiDAR data, and the data received from various sensors 91, 92, and 93 of the vehicle 1 and controls the traveling of the vehicle 1, such as an acceleration, deceleration, or steering of the vehicle 1, in order to avoid the collision with the object 2.”)
Kim does not explicitly disclose, but Shimizu, in an analogous field of endeavor teaches:
a centering steering control for causing a vehicle behavior comprising a movement of the vehicle toward a center of the traveling lane, wherein the alarm control notifies the occupant by the causing of the vehicle behavior (see at least [0047]: “In the example of FIG. 7, when the vehicle M0 driving on a vehicle traffic zone LA comes close to crossing the mark line LI dividing vehicle traffic zones, the assistance process for preventing lane departure is executed. Further, in general, the vehicle traffic zone LA is also called a (traffic) lane, and a mark line LI dividing vehicle traffic zones is also called a white line or a yellow line. In the assistance process for preventing lane departure, when the vehicle M0 come close to crossing the mark line LI without operating a direction indicator, the steering angle is controlled and steering assistance is executed so that the vehicle M0 is driven at the center of the lane.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the method of lane centering as taught by Shimizu. This is because, as stated in [0004]-[0003]: “However, even when switching the modes of driver assistance, when a change in behavior of the vehicle is not smooth, a problem of giving the driver and others in the vehicle a sense of discomfort or anxiety arises. On the other hand, switching the modes of driver assistance is determined on the basis of the driving conditions of the vehicle and the driving environment of the vehicle, and prompt switching is desired. It is, therefore, an object of this disclosure to provide a driver assistance control apparatus designed to keep a balance between suppressing behavior change of a vehicle and rapidly switching modes of driver assistance.”
Regarding claim 2, Kim discloses:
The vehicle control device according to claim 1, wherein the vehicle controller suspends the avoidance control when a steering operation for the reference value is detected during the avoidance control (see at least [0024]: “The driver assistance method may further include canceling the autonomous traveling when detecting the driver's manipulation for at least one of the steering, the acceleration, or the deceleration after outputting the second warning.”)
Regarding claim 3, Kim discloses:
The vehicle control device according to claim 1, wherein the vehicle controller determines whether or not to suspend the avoidance control through a steering operation for returning to the reference value when a steering operation equal to or more than a predetermined amount from the reference value is first detected in the avoidance control (see at least [0117]: “When the driver's manipulation is not detected even after the second warning is output, the control module 250 processes the image data, the radar data, the LiDAR data, and the data received from various sensors 91, 92, and 93 of the vehicle 1 and controls the traveling of the vehicle 1, such as an acceleration, deceleration, or steering of the vehicle 1, in order to avoid the collision with the object 2.”)
Regarding claim 4, Kim discloses:
The vehicle control device according to claim 1, wherein the vehicle controller suspends the avoidance control when a steering operation for returning to the reference value is detected after a steering operation equal to or more than a predetermined amount from the reference value has been detected during the avoidance control (see at least [0116]: “ That is, unlike the case in which when the driver's manipulation is detected after the first warning is output, only the control authority of driving the vehicle 1 only with respect to the traveling factors for which the driver's manipulation has been detected is transferred to the driver, when the driver's manipulation is detected after the second warning is output, the vehicle 1 may be operated according to the driver's intention by canceling the autonomous traveling and transferring the control authority of driving the vehicle 1 to the driver.”)
Regarding claim 5, Kim discloses:
The vehicle control device according to claim 1, wherein the steering operation comprises an operation based on an amount of change in steering derived by: an amount of steering by the occupant, and a steering angular velocity (see at least [0105]: “In addition, the collision prediction module 210 may acquire data on the speed, yaw rate, steering angle, and the like of the vehicle 1 from the sensors 91, 92, and 93 of the vehicle 1 and predict a traveling path P of the vehicle 1 based on the data (231). In addition, the collision prediction module 210 may also use data on the position of the vehicle 1 provided from the navigation device or the like when predicting the traveling path P of the vehicle 1.”)
Regarding claim 7, Kim discloses:
A vehicle control method comprising:
Recognizing, by a computing system comprising at least one processor, a surrounding situation of a vehicle (see at least [0067]: “The camera 110 may include a plurality of lenses and an image sensor. The image sensor may include a plurality of photodiodes for converting light into electrical signals, and the plurality of photodiodes may be disposed in the form of a two-dimensional matrix.”)
Executing, by the computing system, vehicle control for controlling at least one of acceleration/deceleration and steering of the vehicle when there is a probability of contact between the vehicle and an obstacle on the basis of recognized results (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
and detecting, by the computing system, a driving state of an occupant of the vehicle, wherein the vehicle control comprises: an alarm control for notifying the occupant when the vehicle approaches the obstacle (see at least [0109]: “When the driver's manipulation for driving the vehicle 1 is detected after the first warning is output, the control module 250 follows the driver's manipulation with respect to a factor for which the driver's manipulation has been detected among main factors related to the traveling of the vehicle 1, such as an acceleration, a deceleration, and a steering, according to the detected driver's manipulation.”)
and an avoidance control for avoiding contact with the obstacle when: the vehicle and the obstacle come closer to each other, and the alarm control operates, (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
wherein the alarm control is suspended when a steering operation equal to or more than a predetermined amount from a reference value is detected due to a steering operation of the occupant during the alarm control (see at least [0111]: “When the driver's manipulation for driving the vehicle 1 is not detected after the first warning is output, the collision prediction module 210 determines whether it is predicted that the object 2 will collide with the vehicle 1 within a second time.”)
and wherein the avoidance control is not suspended when a steering operation equal to or more than a predetermined amount from the reference value is detected during the avoidance control (see at least [0117]: “When the driver's manipulation is not detected even after the second warning is output, the control module 250 processes the image data, the radar data, the LiDAR data, and the data received from various sensors 91, 92, and 93 of the vehicle 1 and controls the traveling of the vehicle 1, such as an acceleration, deceleration, or steering of the vehicle 1, in order to avoid the collision with the object 2.”)
Kim does not explicitly disclose, but Shimizu, in an analogous field of endeavor teaches:
a centering steering control for causing a vehicle behavior comprising a movement of the vehicle toward a center of the traveling lane, wherein the alarm control notifies the occupant by the causing of the vehicle behavior (see at least [0047]: “In the example of FIG. 7, when the vehicle M0 driving on a vehicle traffic zone LA comes close to crossing the mark line LI dividing vehicle traffic zones, the assistance process for preventing lane departure is executed. Further, in general, the vehicle traffic zone LA is also called a (traffic) lane, and a mark line LI dividing vehicle traffic zones is also called a white line or a yellow line. In the assistance process for preventing lane departure, when the vehicle M0 come close to crossing the mark line LI without operating a direction indicator, the steering angle is controlled and steering assistance is executed so that the vehicle M0 is driven at the center of the lane.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the method of lane centering as taught by Shimizu. This is because, as stated in [0004]-[0003]: “However, even when switching the modes of driver assistance, when a change in behavior of the vehicle is not smooth, a problem of giving the driver and others in the vehicle a sense of discomfort or anxiety arises. On the other hand, switching the modes of driver assistance is determined on the basis of the driving conditions of the vehicle and the driving environment of the vehicle, and prompt switching is desired. It is, therefore, an object of this disclosure to provide a driver assistance control apparatus designed to keep a balance between suppressing behavior change of a vehicle and rapidly switching modes of driver assistance.”
Regarding claim 8, Kim discloses:
A non-transitory machine-readable medium comprising executable instructions that, when executed by at least one processor of network equipment comprising an upgrade controller, facilitate performance of operations, the operations comprising:
recognizing a surrounding situation of a vehicle (see at least [0067]: “The camera 110 may include a plurality of lenses and an image sensor. The image sensor may include a plurality of photodiodes for converting light into electrical signals, and the plurality of photodiodes may be disposed in the form of a two-dimensional matrix.”)
executing vehicle control for controlling at least one of acceleration/deceleration and steering of the vehicle when there is a probability of contact between the vehicle and an obstacle on the basis of recognized results (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
detecting a driving state of an occupant of the vehicle, wherein the vehicle control comprises: an alarm control for notifying the occupant when the vehicle approaches the obstacle (see at least [0109]: “When the driver's manipulation for driving the vehicle 1 is detected after the first warning is output, the control module 250 follows the driver's manipulation with respect to a factor for which the driver's manipulation has been detected among main factors related to the traveling of the vehicle 1, such as an acceleration, a deceleration, and a steering, according to the detected driver's manipulation.”)
and an avoidance control for avoiding contact with the obstacle when the vehicle and the obstacle come closer to each other, and the alarm control operates (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
wherein the alarm control is suspended when a steering operation of the occupant equal to or more than a predetermined amount from a reference value, is detected (see at least [0025]: “The driver assistance method may further include controlling at least one of the steering, the acceleration, or the deceleration in order to avoid the collision with the object when not detecting the driver's intervention in the autonomous traveling after outputting the second warning.”)
and wherein the avoidance control is not suspended when a steering operation equal to or more than a predetermined amount from the reference value is detected during the avoidance control (see at least [0117]: “When the driver's manipulation is not detected even after the second warning is output, the control module 250 processes the image data, the radar data, the LiDAR data, and the data received from various sensors 91, 92, and 93 of the vehicle 1 and controls the traveling of the vehicle 1, such as an acceleration, deceleration, or steering of the vehicle 1, in order to avoid the collision with the object 2.”)
Kim does not explicitly disclose, but Shimizu, in an analogous field of endeavor teaches:
a centering steering control for causing a vehicle behavior comprising a movement of the vehicle toward a center of the traveling lane, wherein the alarm control notifies the occupant by the causing of the vehicle behavior (see at least [0047]: “In the example of FIG. 7, when the vehicle M0 driving on a vehicle traffic zone LA comes close to crossing the mark line LI dividing vehicle traffic zones, the assistance process for preventing lane departure is executed. Further, in general, the vehicle traffic zone LA is also called a (traffic) lane, and a mark line LI dividing vehicle traffic zones is also called a white line or a yellow line. In the assistance process for preventing lane departure, when the vehicle M0 come close to crossing the mark line LI without operating a direction indicator, the steering angle is controlled and steering assistance is executed so that the vehicle M0 is driven at the center of the lane.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation for success, to combine the invention of Kim with the method of lane centering as taught by Shimizu. This is because, as stated in [0004]-[0003]: “However, even when switching the modes of driver assistance, when a change in behavior of the vehicle is not smooth, a problem of giving the driver and others in the vehicle a sense of discomfort or anxiety arises. On the other hand, switching the modes of driver assistance is determined on the basis of the driving conditions of the vehicle and the driving environment of the vehicle, and prompt switching is desired. It is, therefore, an object of this disclosure to provide a driver assistance control apparatus designed to keep a balance between suppressing behavior change of a vehicle and rapidly switching modes of driver assistance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sugano et al. (US 20150015383 A1), which teaches:
“A travel control device includes a side obstacle detection unit, a rearward movement preparation detection unit, a warning unit, and a suppression unit. The side obstacle detection unit divides a range from a lateral side to a rear side of a vehicle into plural detection angle areas, and detects, for each of the plural detection angle areas, an obstacle entering the detection angle area and a distance to the obstacle. The warning unit provides warning about the obstacle. The suppression unit suppresses the warning by the warning unit, if the rearward movement preparation detection unit detects the vehicle preparing to move rearward and the detection angle area in which the obstacle is detected shifts from the rear side to the lateral side.”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH NELESKI whose telephone number is (571)272-6064. The examiner can normally be reached 10 - 6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THOMAS WORDEN can be reached at (571) 272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.R.N./Examiner, Art Unit 3658
/THOMAS E WORDEN/Supervisory Patent Examiner, Art Unit 3658