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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 23, 2024 is considered by the
examiner.
Claim Rejections - 35 USC § 103
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 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.
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. Applicant is advised of the obligation under 37 CFR 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kuwahara (U.S. Patent No. 11279362) in view of Ohmura, et al. (U.S. Patent Application Publication No. 20210009115).
Regarding claim 1, Kuwahara teaches: A vehicle driving assistance apparatus, comprising an electronic control unit which executes a following moving control to maintain an inter-vehicle distance between an own vehicle and a preceding vehicle at a set inter-vehicle distance, the electronic control unit being configured to: (Col. 8, lines 34-37: "When the preceding vehicle P is detected, the automatic driving control unit (26) [electronic control unit] cause the own vehicle M to travel following the preceding vehicle P, with the predetermined inter-vehicle distance maintained [following moving control maintaining inter-vehicle distance between own vehicle and preceding vehicle at fixed distance].")
maintain a vehicle moving speed of the own vehicle at a set vehicle moving speed when the vehicle moving speed of the own vehicle becomes greater than the set vehicle moving speed while maintaining the inter-vehicle distance at the set inter-vehicle distance by the following moving control; (Col. 10, lines 8-13: "The determination threshold Vo is a speed at which the driver does not have a feeling of incompatibility even if the vehicle speed (own vehicle speed) of the own vehicle M is decelerated to cause the own vehicle to follow the preceding vehicle P [maintaining or decelerating parameters]." ; Col. 10, lines 17-29: "In the case of Vset−Vp>Vo, it is determined that the relative vehicle speed is great and the process proceeds to step (S6) [...] When the process proceeds to the step (S6), it is checked whether the inter-vehicle distance Lk between the own vehicle M and the preceding vehicle P, […] reaches a lane change start inter-vehicle distance Lko set in advance. [maintaining moving speed of own vehicle when moving speed of own vehicle becomes greater than threshold speed at specific distance by lane changing].")
and execute a deceleration assistance control to decelerate the own vehicle when the vehicle moving speed of the own vehicle becomes greater than a predetermined upper limit vehicle moving speed, (Col. 10, lines 8-13: "The determination threshold Vo is a speed at which the driver does not have a feeling of incompatibility even if the vehicle speed (own vehicle speed) of the own vehicle M is decelerated to cause the own vehicle to follow the preceding vehicle P [maintaining or decelerating parameters]." ; Col. 10, lines 19-21: "In the case of Vset−Vp≤Vo, it is determined that the relative vehicle speed is small and the process jumps to step (S15) for performing the following traveling [decelerates own vehicle in order to maintain following distance].")
wherein when (i) a speed limit condition that the speed limit applied to the own vehicle is predicted to become small (Col. 9, line 65 to Col. 10, lines 1-2: "First, in the step S5, comparison is made between a determination threshold Vo and the relative vehicle speed (Vset−Vp) between the set vehicle speed Vset set for the own vehicle M within the speed limit and the vehicle speed Vp [speed threshold based on speed limit condition]" ; Col. 10, lines 19-21: "In the case of Vset−Vp≤Vo, it is determined that the relative vehicle speed is small [predicted speed limit is small] and the process jumps to step (S15) for performing the following traveling.").
Kuwahara does not teach and (ii) a set vehicle moving speed change condition that the vehicle moving speed of the own vehicle cannot be maintained at a speed equal to or smaller than the speed limit predicted to become small by the deceleration assistance control, become satisfied, the electronic control unit is configured to change the set vehicle moving speed to a speed equal to or smaller than the speed limit predicted to become small.
In a similar field of endeavor (vehicle speed control), Ohmura, et al. teaches: and (ii) a set vehicle moving speed change condition that the vehicle moving speed of the own vehicle cannot be maintained at a speed equal to or smaller than the speed limit predicted to become small by the deceleration assistance control, become satisfied, (Paragraph [0065]: "However, when this setup vehicle speed exceeds a speed limit acquired from a speed sign S or the like, or a speed limit determined according to the curvature radius L of the curve section (5b), the target speed V1_k at each of the target positions P1_k on the traveling course is limited to a lower one of the two speed limits [set vehicle speed cannot be maintained at speed equal to or smaller than anticipated decelerated speed limit].")
the electronic control unit is configured to change the set vehicle moving speed to a speed equal to or smaller than the speed limit predicted to become small (Paragraph [0130]: "…the subroutine in the ECU (10) proceeds to step (S24) [electronic control unit sets values]." ; Paragraph [0131]: "…each of the correction coefficients α, β is changed to a smaller value, so that the speed limit distributions (40) set in the step (S24) are changed from a pattern illustrated on the left side of FIG. 12 to a pattern illustrated on the right side of FIG. 12. [...] the speed limit in each of the speed limit distributions (40) is lowered [speed limit is lowered to smaller speed limit].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Kuwahara to include the teaching of Ohmura, et al. based on a reasonable expectation of success and motivation to improve the process of controlling a vehicle’s speed with respect to maintaining an adequate distance with respect to a surrounding vehicle (Ohmura, et al. Paragraph [0010]).
Regarding claim 2, Kuwahara and Ohmura, et al. remain as applied to claim 1, and in a further embodiment, Kuwahara teaches: The vehicle driving assistance apparatus according to claim 1, wherein the speed limit condition is a condition that the speed limit applied to the own vehicle is predicted to become small (Col. 9, line 65 to Col. 10, lines 1-2: "…comparison is made between a determination threshold Vo and the relative vehicle speed (Vset−Vp) between the set vehicle speed Vset set for the own vehicle M within the speed limit and the vehicle speed Vp [speed threshold based on speed limit condition]" ; Col. 10, lines 19-21: "In the case of Vset−Vp≤Vo, it is determined that the relative vehicle speed is small [predicted speed limit is small] and the process jumps to step (S15) for performing the following traveling.").
Kuwahara does not teach wherein the deceleration assistance control is a control of decelerating the own vehicle when the vehicle moving speed of the own vehicle becomes greater than the predetermined upper limit vehicle moving speed when the own vehicle is moving on a curved road, and the current set vehicle moving speed is greater than the speed limit predicted to become small, and wherein the electronic control unit is configured to predict that the speed limit applied to the own vehicle becomes small when the own vehicle is predicted to move on the curved road and the curved road is a deceleration request section in which the speed limit smaller than the speed limit currently applied to the own vehicle is applied to the own vehicle.
In a similar field of endeavor (vehicle speed control), Ohmura, et al. teaches: wherein the deceleration assistance control is a control of decelerating the own vehicle when the vehicle moving speed of the own vehicle becomes greater than the predetermined upper limit vehicle moving speed when the own vehicle is moving on a curved road, (Paragraph [0065]: "However, when this setup vehicle speed exceeds a speed limit acquired from a speed sign S or the like, or a speed limit determined according to the curvature radius L of the curve section (5b) [moving on curved road], the target speed V1_k at each of the target positions P1_k on the traveling course is limited to a lower one of the two speed limits [set vehicle speed exceeds predetermined upper limit vehicle moving speed]. Further, the target traveling course calculation part (10c) is operable to appropriately correct the target positions P1_k and the target speed V1_k, according to a current behavior state (i.e., vehicle speed, acceleration [deceleration assistance control]")
and the current set vehicle moving speed is greater than the speed limit predicted to become small, (Paragraph [0065]: "However, when this setup vehicle speed exceeds a speed limit acquired from a speed sign S or the like, or a speed limit determined according to the curvature radius L of the curve section (5b), the target speed V1_k at each of the target positions P1_k on the traveling course is limited to a lower one of the two speed limits [set vehicle speed is greater than anticipated decelerated speed limit].")
and wherein the electronic control unit is configured to predict that the speed limit applied to the own vehicle becomes small when the own vehicle is predicted to move on the curved road (Paragraph [0064]: "On the other hand, with regard to the curve section (5b), the target traveling course calculation part (10c) is operable to maximally set a displacement amount Ws [...] This displacement amount Ws is computed based on the curvature radius L, the lane width W, and a width dimension D of the vehicle (1) (prescribed values stored in the memory of the ECU (10)) [electronic control unit predicts movement of vehicle on curved road]." ; Paragraph [0065]: "…or a speed limit determined according to the curvature radius L of the curve section (5b) [moving on curved road], the target speed V1_k at each of the target positions P1_k on the traveling course is limited to a lower one of the two speed limits [speed limit is set to become slower on curved road].")
and the curved road is a deceleration request section in which the speed limit smaller than the speed limit currently applied to the own vehicle is applied to the own vehicle (Paragraph [0065]: "…a speed limit determined according to the curvature radius L of the curve section (5b) [moving on curved road], the target speed V1_k at each of the target positions P1_k on the traveling course is limited to a lower one of the two speed limits [speed limit is smaller than speed limit currently applied to own vehicle]. Further, the target traveling course calculation part (10c) is operable to appropriately correct the target positions P1_k and the target speed V1_k, according to a current behavior state (i.e., vehicle speed, acceleration [deceleration assistance control]").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Kuwahara to include the teaching of Ohmura, et al. based on a reasonable expectation of success and motivation to improve the process of controlling a vehicle’s speed with respect to maintaining an adequate distance with respect to a surrounding vehicle (Ohmura, et al. Paragraph [0010]).
Regarding claim 3, Kuwahara and Ohmura, at al. remain as applied to claim 2, and in a further embodiment, teach: The vehicle driving assistance apparatus according to claim 2, wherein the electronic control unit is configured to restore the current set vehicle moving speed to the original set vehicle moving speed when the own vehicle has passed the deceleration request section, (Ohmura, et al. Paragraph [0055]: "…and therefore the vehicle (1) is decelerated from the setup vehicle speed. Further, when the vehicle (1) catches up to a preceding vehicle, the speed control is performed such that the vehicle (1) follows the preceding vehicle while maintaining an inter-vehicle distance appropriate to a follow-up vehicle speed and then when the preceding vehicle disappears, the speed control is performed such that the follow-up vehicle speed is returned [electronic control unit restores current set vehicle moving speed to original speed after deceleration request section]")
and wherein the original set vehicle moving speed is the set vehicle moving speed set before the own vehicle enters the deceleration request section (Ohmura, et al. Paragraph [0055]: "and then when the preceding vehicle disappears, the speed control is performed such that the follow-up vehicle speed is returned to the setup vehicle speed [set vehicle moving speed is original setup speed set before deceleration request].").
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Horiguchi (U.S. Patent No. 12291206) teaches a vehicle control apparatus which includes a traveling environment data acquiring unit and a traveling controller for the purpose of controlling a vehicle’s speed before losing track of a preceding vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TORRENCE S MARUNDA II whose telephone number is (571)272-5172. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/TORRENCE S MARUNDA II/ Examiner, Art Unit 3663
/ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663