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 .
DETAILED ACTION
This action is in response to communications filed on 3/17/2026. Claims 1-2 & 4 have been amended. Claims 7-8 have been newly added. No other claims have been amended, added, or canceled. Accordingly, claims 1- 8 are pending.
Response to Arguments
Applicant's arguments filed 3/17/2026 have been fully considered but they are not persuasive. Applicant's representative argues, in substance, that Li fails to teach and/or disclose: (A) identifying a target merging gap ahead of the autonomous vehicle.
In response to applicant's arguments the examiner respectfully disagrees. Initially the examiner would like to point out that applicant's representative has employed broad language in the drafting of the instant claims and as such the examiner reserves the right to interpret the claims broadly. As such the examiner contends that Li's disclosure of emitted gesture(s) for signaling other vehicles or pedestrians to pass or overtake--notifying that the AV is requesting other vehicles or pedestrians to yield and/or overtake. Li further discloses, wherein a decision module encounters an object to determine whether to overtake, yield, stop and/or pass it all based on following traffic rules and finally, Li discloses wherein the AV emitting a yield gesture may result in a shorter planned trajectory and emitting an overtake gesture may result in a longer planned trajectory for the AV (i.e., adjusting the space in front and/or behind and/or around the vehicle). Hence, the examiner contends that Li's adjusting of the planned trajectory (i.e., making it shorter and/or longer) in order to accommodate a yield and/or overtake request/gesture reads on the instantly contested limitation.
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.
Claims 1- 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (EP3324332A1).
Li discloses:
1: A method for operating an autonomous vehicle, the method comprising:
detecting wherein data of an environment of the autonomous vehicle using a sensor system, wherein data of the environment is made available to a computing unit, wherein the sensor system detects whether a second vehicle is attempting to overtake the autonomous vehicle (see Li at least fig. 1-7 and in particular Abstract, Background and Summary & fig. 2-5; AV, perception module [302]);
steering the autonomous vehicle laterally away from the second vehicle when oncoming traffic is detected, in order to thereby creating sufficient space for the second vehicle and the oncoming traffic;
detecting whether the second vehicle intends to overtake the autonomous vehicle;
determining a speed differential between the second vehicle and the autonomous vehicle; and
implementing a defensive driving maneuver wherein the speed of the autonomous vehicle is reduced if the speed differential falls below a predetermined threshold value.
2: wherein detecting the environment of the autonomous vehicle comprises detecting whether the second overtaking vehicle comprises a trailer, wherein a light signal is provided as the second vehicle and the trailer reaches a target merging gap in front of the autonomous vehicle.
3: wherein detecting whether the second vehicle intends to overtake the autonomous vehicle comprises interpreting culture-dependent signals from the second vehicle that signal an intent to overtake the autonomous vehicle, wherein the autonomous vehicle detects and interprets the culture-dependent signals depending on a localization of the autonomous vehicle.
4: An autonomous vehicle comprising: a sensor system configured to detect an environment of the autonomous vehicle, wherein the sensor system is configured to detect whether a second vehicle is attempting to overtake the autonomous vehicle (see Li at least fig. 1-7 and in particular Abstract, Background and Summary & fig. 2-5; AV, perception module [302]); and a computing unit in electrical communication with the sensor system, wherein the sensor system is configured to provide the data of the environment of the autonomous vehicle to the computing unit, wherein the autonomous vehicle is steered laterally away from the second vehicle when oncoming traffic is detected, thereby creating sufficient space for the second vehicle and the oncoming traffic, wherein the autonomous vehicle is configured to determine a speed differential between the second vehicle and the autonomous vehicle, wherein the autonomous vehicle is configured to implement a defensive driving maneuver wherein the speed of the autonomous vehicle is reduced if the speed differential falls below a predetermined threshold value (see Li at least fig. 1-7 and in particular Abstract, Background & Summary and ¶29-31, 45-50 & fig. 2-5; AV, perception module [302], decision module [303], gesture emission module [309]; overtake, yield, stop or pass).
5: wherein the autonomous vehicle is a commercial vehicle (see Li at least fig. 1-7 and in particular Abstract, Background and Summary & fig. 2-5; AV).
6: wherein detecting whether the second vehicle intends to overtake the autonomous vehicle comprises interpreting culture-dependent signals from the second vehicle that signal an intent to overtake the autonomous vehicle, wherein the autonomous vehicle detects and interprets the culture-dependent signals depending on a localization of the autonomous vehicle (see Li at least fig. 1-7 and in particular Abstract, Background & Summary and ¶29-31, 45-50 & fig. 2-5; AV, perception module [302], decision module [303], gesture emission module [309]; overtake, yield, stop or pass).
7: wherein the target merging gap is between a third vehicle driving ahead of the autonomous vehicle and the autonomous vehicle (see Li at least fig. 1-7 and in particular Abstract, Background & Summary and ¶29-31, 45-50 & fig. 2-5; yield/overtake request, adjusting trajectory).
8: wherein the target merging gap is between a third vehicle driving ahead of the autonomous vehicle and the autonomous vehicle (see Li at least fig. 1-7 and in particular Abstract, Background & Summary and ¶29-31, 45-50 & fig. 2-5; yield/overtake request, adjusting trajectory).
Conclusion
THIS ACTION IS MADE FINAL. 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 MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on Monday-Friday 7:30-5:00 PM ES.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MACEEH ANWARI/Primary Examiner, Art Unit 3663
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