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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application KR10-2024-0046103 filed on April 04, 2024. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to the declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application. No action by the applicant is required at this time.
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.
Claims 8 and 18 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.
Claims 8 and 18 recite “determine a target space with a smallest arrival time and a largest size among a plurality of target spaces as the specified target space …”. It is unclear whether the target space is to be determined using both the smallest time AND the largest space available, or if the processor is determining a first target space with the largest space, and a second target space with the smallest time to change lanes, so as to determine which space is better for executing a lane change. The Examiner is interpreting this claim language to mean that the processor determines parameters for several potential target spaces by looking at the size and time requirements to change lanes, and determining that at least one target space meets a size or time criteria.
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.
Claims 1-7, 10-17, and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. 2019/0016338 A1, to Ishioka, et al (hereinafter referred to as Ishioka).
As per Claim 1, Ishioka discloses the features of an apparatus for controlling a vehicle (e.g. Paragraphs [0010], [0055]; where a vehicle control device is configured to cause the host vehicle to change lanes), the apparatus comprising:
a sensor (e.g. Paragraphs [0042]-[0043], [0048]; where sensors are mounted on the host vehicle (M), for detecting vehicle speed or acceleration, and for measuring distance and relative speed to another object);
a memory storing at least one instruction; and a processor operatively coupled to the sensor and the memory, wherein the at least one instruction (e.g. Paragraph [0055]; where the vehicle control device (100) includes a central processing unit (CPU) for executing a program stored in the storage unit), when executed by the processor is configured to cause the apparatus to:
determine, based on a characteristic of a lane and a driving path of the vehicle, whether to make a lane change (e.g. Paragraphs [0056], [0077], [0079]-[0080]; where the host vehicle recognition unit (102) recognizes a lane along which the host vehicle (M) is traveling, and a relative position of the host vehicle (M) in relation to the traveling lane, and determines the type or road, a width and gradient of each lane, and where the lane changeability determining unit (123) determines that it is or is not possible to change the lane to the target position (TA)),
wherein the characteristic and the driving path are obtained using the sensor (e.g. Paragraph [0056]; where the host vehicle position recognition unit (102) recognizes a lane along which the host vehicle (M) is traveling on the basis of map information (152) stored in the storage unit (150) and the information input from the finder (2), the radar (30), the camera (40), the navigation device (5), or the vehicle sensor (60));
based on a determination to make the lane change, detect, using the sensor, at least one other vehicle in a second lane adjacent to a first lane in which the vehicle is traveling (e.g. Paragraphs [0079], [0082], [0097], [0126]; Figure 6; where the lane changeability determining unit (123) determines that it is possible to change lanes as a preliminary determination when a neighboring vehicle is not present on a lateral side of the host vehicle (M) and a collision margin between the host vehicle (M) and the neighboring vehicles is greater than a threshold, or when the target trajectory of the host vehicle (M) does not interfere with the trajectory of neighboring vehicles (i.e. detects other vehicles) based on the presence of areas in the forbidden area (126), which is set on a lateral side of the host vehicle (i.e. adjacent to));
determine at least one target space between the vehicle and the at least one other vehicle for the lane change (e.g. Paragraphs [0075]-[0076]; Figure 6; where the target position setting unit (122) sets a target position (TA) for changing a lane, where the target position (TA) is a relative region based on a positional relationship between the host vehicle (M), and neighboring vehicles);
determine, based on at least one arrival time, a specified target space of the at least one target space (e.g. Paragraphs [0066], [0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change),
wherein each arrival time of the at least one arrival time is an expected time for the vehicle to arrive at a respective target space of the at least one target space (e.g. Paragraphs [0066], [0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change), and
wherein the expected time is determined based on an expected speed trajectory of the vehicle and a size of the respective target space of the at least one target space (e.g. Paragraphs [0066], [0085]-[0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change, based on the determination of the collision margin time (TTC(B) and (TTC(C)) being greater than a threshold, and using the relative speed between the reference vehicles); and
control, based on a relative position between the vehicle and the specified target space satisfying a condition, the vehicle to enter the specified target space and make the lane change (e.g. Paragraphs [0098], [0105]; where the lane change control unit (120) selects a traveling route and changes the lane when the trajectories of the host vehicle (M) and the neighboring vehicle do not interfere).
As per Claim 11, Ishioka discloses the features of a method performed by an apparatus of a vehicle for controlling the vehicle (e.g. Paragraphs [0010], [0055]; where a vehicle control device is configured to cause the host vehicle to change lanes), the method comprising:
determining, based on a characteristic of a lane and a driving path of the vehicle, whether to make a lane change (e.g. Paragraphs [0056], [0077], [0079]-[0080]; where the host vehicle recognition unit (102) recognizes a lane along which the host vehicle (M) is traveling, and a relative position of the host vehicle (M) in relation to the traveling lane, and determines the type or road, a width and gradient of each lane, and where the lane changeability determining unit (123) determines that it is or is not possible to change the lane to the target position (TA)),
wherein the characteristic and the driving path are obtained using a sensor e.g. Paragraph [0056]; where the host vehicle position recognition unit (102) recognizes a lane along which the host vehicle (M) is traveling on the basis of map information (152) stored in the storage unit (150) and the information input from the finder (2), the radar (30), the camera (40), the navigation device (5), or the vehicle sensor (60));
based on a determination to make the lane change, detecting, using the sensor, at least one other vehicle in a second lane adjacent to a first lane in which the vehicle is traveling (e.g. Paragraphs [0079], [0082], [0097], [0126]; Figure 6; where the lane changeability determining unit (123) determines that it is possible to change lanes as a preliminary determination when a neighboring vehicle is not present on a lateral side of the host vehicle (M) and a collision margin between the host vehicle (M) and the neighboring vehicles is greater than a threshold, or when the target trajectory of the host vehicle (M) does not interfere with the trajectory of neighboring vehicles (i.e. detects other vehicles) based on the presence of areas in the forbidden area (126), which is set on a lateral side of the host vehicle (i.e. adjacent to))
determining at least one target space between the vehicle and the at least one other vehicle for the lane change (e.g. Paragraphs [0075]-[0076]; Figure 6; where the target position setting unit (122) sets a target position (TA) for changing a lane, where the target position (TA) is a relative region based on a positional relationship between the host vehicle (M), and neighboring vehicles),
determining, based on at least one arrival time, a specified target space of the at least one target space (e.g. Paragraphs [0066], [0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change),
wherein each arrival time of the at least one arrival time is an expected time for the vehicle to arrive at a respective target space of the at least one target space (e.g. Paragraphs [0066], [0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change), and
wherein the expected time is determined based on an expected speed trajectory of the vehicle and a size of the respective target space of the at least one target space (e.g. Paragraphs [0066], [0085]-[0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change, based on the determination of the collision margin time (TTC(B) and (TTC(C)) being greater than a threshold, and using the relative speed between the reference vehicles); and
controlling, based on a relative position between the vehicle and the specified target space satisfying a specified condition, the vehicle to enter the specified target space and make the lane change(e.g. Paragraphs [0098], [0105]; where the lane change control unit (120) selects a traveling route and changes the lane when the trajectories of the host vehicle (M) and the neighboring vehicle do not interfere).
As per Claim 2, and similarly for Claim 12, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of wherein the at least one instruction, when executed by the processor, is configured to cause the apparatus to: based on a presence of a point at which the first lane is ended within a specified distance of the first lane or based on a detected event that requires the vehicle to travel in the second lane, determine to make the lane change (e.g. Paragraphs [0060]-[0061], [0066], [0071]; where the system determines that a junction point is present in a road and the vehicle needs to merge or change a lane so that the host vehicle (M) travels in the direction for a destination in an automatic driving mode, the action plan generation unit (106) sets a lane changing event for changing a lane, and the lane change control unit (120) performs control when a diverging event or merging event is performed).
As per Claim 3, and similarly for Claim 13, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of wherein the at least one instruction, when executed by the processor, is configured to cause the apparatus to:
determine, using the sensor, an average driving speed of the at least one other vehicle (e.g. Paragraphs [0072]-[0073]; where the lane-based speed specifying unit (121) specifies a first and second vehicle speed of a neighboring vehicle, where the first vehicle speed is an average vehicle speed obtained from one or a plurality of neighboring vehicles, such as the speed of the preceding and following vehicles of the host vehicle (M), and the second vehicle speed is an average vehicle speed of one or a plurality of neighboring vehicles traveling on the lane of a change destination (i.e. adjacent)); and
determine, based on a difference between the average driving speed and a driving speed of the vehicle being less than or equal to a specified speed, the at least one target space (e.g. Paragraphs [0112]-[0114]; Figures 12-14; where the lane-based speed specifying unit specifies a vehicle speed of the host lane and in the lane change destination, and determines whether the first vehicle speed is faster or slower than the second vehicle speed, in order to change the target position (TA) based on the comparisons of the two speeds).
As per Claim 4, and similarly for Claim 14, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of wherein the at least one instruction is, when executed by the processor, is configured to cause the apparatus to:
determine, using the sensor, an average driving speed of the at least one other vehicle e.g. Paragraphs [0072]-[0073]; where the lane-based speed specifying unit (121) specifies a first and second vehicle speed of a neighboring vehicle, where the first vehicle speed is an average vehicle speed obtained from one or a plurality of neighboring vehicles, such as the speed of the preceding and following vehicles of the host vehicle (M), and the second vehicle speed is an average vehicle speed of one or a plurality of neighboring vehicles traveling on the lane of a change destination (i.e. adjacent)); and
adjust, based on a difference between the average driving speed and a driving speed of the vehicle being greater than a specified speed, the driving speed of the vehicle to follow the average driving speed (e.g. Paragraph [0118]; where the lane change control unit (120) may cause the travel control unit (130) to perform speed adjustment control so that the vehicle speed is equal to the speed (the second vehicle speed) on the lane of the lane change destination or the speed (the speed of either one vehicle or an average speed) of vehicles traveling near the host vehicle (M)).
As per Claim 5, and similarly for Claim 15, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of when executed by the processor, is configured to cause the apparatus to:
determine, based on acceleration control or deceleration control for the vehicle, the expected speed trajectory (e.g. Paragraph [0066]; where the first trajectory generating unit (112) generates a trajectory on the basis of the travel mode by calculating a target speed of the host vehicle (M) on the basis of at least the speed of a target object); and
determine, based on the expected speed trajectory, one of the at least one arrival time and the size of the specified target space at an arrival time point (e.g. Paragraphs [0066], [0087]; Figures 8, 13; where the first trajectory generating unit (112) generates a trajectory by sampling, at predetermined time intervals, future target positions at which the host vehicle (M) is expected to arrive and implement a lane change).
As per Claim 6, and similarly for Claim 16, Ishioka discloses the features of Claims 5 and 15, respectively, and Ishioka further discloses the features of wherein the at least one instruction is, when executed by the processor, is configured to cause the apparatus to: determine the expected speed trajectory based on at least one of: a distance to a point at which the first lane is ended, a first driving speed limit in the first lane and a second driving speed limit in the second lane, a user input speed, or a separation distance between the vehicle and another vehicle (e.g. Paragraphs [0060]-[0061], [0066], [0071], [0086], [0120]; where the system determines that a junction point is present in a road and the vehicle needs to merge or change a lane so that the host vehicle (M) travels in the direction for a destination in an automatic driving mode; and where the first trajectory generating unit (112) generates a trajectory on the basis of the travel mode by calculating a target speed of the host vehicle (M) on the basis of at least the speed of a target object or the legal speed limit of a traveling road).
As per Claim 7, and similarly for Claim 17, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of wherein the at least one instruction, when executed by the processor, is configured to cause the apparatus to:
determine, using the sensor, a first driving speed of a first other vehicle which is present in front of the vehicle and a second driving speed of a second other vehicle which is present behind the vehicle (e.g. Paragraphs [0072]-[0073]; where the lane-based speed specifying unit (121) specifies a first and second vehicle speed of a neighboring vehicle, where the first vehicle speed is an average vehicle speed obtained from one or a plurality of neighboring vehicles, such as the speed of the preceding and following vehicles of the host vehicle (M));
determine, based on the first driving speed and a driving speed of the vehicle, a rear margin of the first other vehicle; determine, based on the second driving speed, the driving speed of the vehicle, and a first length of the vehicle, and a second length of the second other vehicle, a front margin of the second other vehicle (e.g. Paragraph [0082], [0084]-[0085], [0095]; Figures 6, 8; where the lane changeability determining unit (123) determines whether it is possible to change lanes based on collision margin time ((TTC(B) and (TTC(C) between the front reference vehicle (mB) and the rear reference vehicle (mc) and the host vehicle (M), and the system determines a vehicle length for determining when to make a lane change and creates a circle having a predetermined radius (R) around each of the extracted trajectory points (KmC)); and
determine a space between the rear margin and the front margin as one of the at least one target space (e.g. Figures 13-14; where the space before a front reference vehicle (mB) is designated as the target position, or the space behind a rear reference vehicle (mC) is designated as the target position).
As per Claim 9, and similarly for Claim 19, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of wherein the at least one instruction, when executed by the processor, is configured to cause the apparatus to: control, based on one point of the vehicle overtaking a starting point of the specified target space, the vehicle to enter the specified target space and make the lane change (e.g. Paragraphs [0082], [0086]-[0088], [0097], [0115]; where the lane changeability determining unit (123) determines that the host vehicle (M) can change its lane to the target position (TA) when the collision margin times ((TTC(B) and (TTC(C)) are larger than a threshold; and when the neighboring vehicle is not present in the forbidden area (RA) the lane changeability determining unit (123) determines whether it is possible to change lanes by taking into account the acceleration, speed, of the preceding vehicle (mA), the front reference vehicle (mB) and the rear reference vehicle (mC), and the trajectory generating unit (124) generates a trajectory for changing the lane to the target position (TA) when it is determined that target trajectory of the host vehicle (M) does not interfere with the other-vehicle expected trajectories (i.e. the host vehicle has enough space/ clearance to change lanes), and waits to change lanes until a timing of changing the lane arrives).
As per Claim 10, and similarly for Claim 20, Ishioka discloses the features of Claims 1 and 11, respectively, and Ishioka further discloses the features of, wherein the at least one instruction, when executed by the processor, is configured to cause the apparatus to: control, based on one point of the vehicle not overtaking a starting point of the specified target space, the vehicle to perform biased driving to be adjacent to the second lane (e.g. Paragraph [0057]; Figure 3; where the host vehicle position recognition unit (102) recognizes a deviation (OS) of a reference point of the host vehicle (M) from a traveling lane center (CL) as the relative position of the host vehicle (M) in relation to the traveling lane (L1), and recognizes the position of the reference point of the host vehicle (M) in relation to the lateral end of the host lane (L1)).
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 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2019/0016338 A1, to Ishioka, et al (hereinafter referred to as Ishioka), in view of U.S. Patent Publication No. 2017/0008531 A1, to Watanabe, et al (hereinafter referred to as Watanabe).
As per Claim 8, and similarly for Claim 18, Ishioka discloses the features of Claims 1 and 11, respectively, but Ishioka fails to disclose every feature of wherein the at least one instruction, when executed by the processor, is configured to cause the apparatus to: determine a target space with a smallest arrival time and a largest size among a plurality of target spaces as the specified target space.
However, Watanabe, in a similar field of endeavor, teaches a driving assistance for vehicles which assists with lane change determinations, where the coming-level time period is the shortest of the coming-level time periods (t1, t2, t3) when the vehicle comes level with a parallel-traveling vehicle, and a lane section (Lp1) may be set as the proposed lane section when the system determines that the proposed lane change has a length or section distance long enough to make the lane change, when the section distance (Lk) is longer than a predetermined length value (Lth) (i.e. smallest arrival time and largest space requirements are considered when changing lanes) (e.g. Paragraphs [0034]-[0036], [0038]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the vehicle control device of Ishioka, with the feature of determining time and distance parameters for changing lanes in the system of Watanabe, in order to make a quick and safe lane change (see at least Paragraphs [0005]-[0006] of Watanabe).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bernhard (U.S. 5,521,579 A), which teaches a method for providing guiding assistance for vehicle in changing a lane.
Flehmig, et al (U.S. 2015/0142207 A1), which teaches a method for providing driver assistance for supporting lane changes for a vehicle.
Jafari, et al (U.S. 2021/0061282 A1), which teaches a method for planning and conducting urgent lane changes.
Rebhan, et al (U.S. 2015/0321699 A1), which teaches a method for predictive lane change assist.
Sugawara, et al (U.S. 2009/0088925 A1), which teaches a drive assist system for determining a target space for a vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT E LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helal Algahaim can be reached at (571) 270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MERRITT E LEVY/Examiner, Art Unit 3666
/TIFFANY P YOUNG/Primary Examiner, Art Unit 3666