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 .
Status of Claims
Claims 1-20 are presented for examination.
Claims 1-8, 10-11, 13-18, and 20 are rejected.
Claims 9, 12, and 19 are objected to.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 1-3, 5, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US Pub. No.: 2023/0294647 A1: hereinafter “Wang”) in view of WHITFIELD et al. (US Pub. No.: 2014/0097370 A1: hereinafter “WHITFIELD”).
Consider claims 1, 16:
Wang teaches a vehicle (Fig. 1 element “passenger vehicle 100”), a method for operating a vehicle (See Wang, e.g., “An automatic braking system for a vehicle includes a sensor system configured to detect the previous speed of the vehicle, occupancy of a driver's seat of the vehicle, and an input to at least one of an accelerator pedal of the vehicle and a brake pedal of the vehicle…a control module communicatively connected to the sensor system and configured to automatically brake the vehicle when the vehicle was previously stopped, the driver's seat is occupied, and there is no input to the accelerator pedal or the brake pedal”, of Abstract, ¶ [0004]-¶ [0006], Fig. 1 elements 100-150, Fig. 2 steps 200-214), the method comprising: acquiring (e.g., “…the occupant detection sensors 144 can be configured to determine when the driver's seat is occupied and when the driver's seat is not occupied…”, of Fig. 2 steps 206-210), from one or more sensors of the vehicle (Fig. 1 elements 130-150), sensor data corresponding to the vehicle (See Wang, e.g., “the occupant detection sensors 144 can be configured to determine when the driver's seat is occupied and when the driver's seat is not occupied…the occupant detection sensor(s) 144 can include one or more sensors to detect the occupancy of a driver's seat located in the passenger compartment 104 of the vehicle 100. The occupant detection sensor(s) 144 can be any suitable type of sensor(s)…the occupant detection sensor(s) 144 can be one or more weight sensor(s) located within the driver's seat…the occupant detection sensor(s) 144 can be one or more camera(s) located in the cabin of the vehicle 100 and configured to detect the occupancy of the driver's seat”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214); determining, based on the sensor data, an operator of the vehicle is positioned outside of the vehicle (See Wang, e.g., “…the driver may be in a hurry to exit the vehicle 100 and may forget to put the transmission of the vehicle 100 in park…the transmission may be in drive, neutral, or reverse, and the driver may be in the process of exiting the vehicle 100, and thus the driver's seat may be unoccupied…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214); determining, based on the sensor data, the vehicle is in a non-parking configuration (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214); and operating the vehicle to at least one of generate a parking alert or place the vehicle in a parking configuration (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214). However, Wang does not explicitly teach a refuse vehicle.
In an analogous field of endeavor, WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine “…An automatic braking system for a vehicle includes a sensor system configured to detect the previous speed of the vehicle, occupancy of a driver's seat of the vehicle, and an input to at least one of an accelerator pedal of the vehicle and a brake pedal of the vehicle…a control module communicatively connected to the sensor system and configured to automatically brake the vehicle when the vehicle was previously stopped, the driver's seat is occupied, and there is no input to the accelerator pedal or the brake pedal…”, as disclosed in Wang with “a refuse vehicle”, as taught in WHITFIELD with a reasonable expectation of success to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions by autonomously operating the vehicle.
Consider claim 2:
The combination of Wang, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 1. In addition, Wang teaches further comprising: a parking brake system configured to be alternated between a deactivated configuration where the parking brake system allows for transport of the vehicle (See Wang, e.g., “…the control module 128 can be configured to check the position of the transmission of the vehicle 100. If the transmission is in park, the control module 128 can determine that the brakes do not need to be applied…if the transmission is not in park, the vehicle 100 was previously stopped, and the driver's seat is not occupied, the control module 128 is configured to automatically brake the vehicle 100…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214) and an activated configuration where the parking brake system prevents transport of the vehicle (See Wang, e.g., “…the control module 128 can be configured to check the position of the transmission of the vehicle 100. If the transmission is in park, the control module 128 can determine that the brakes do not need to be applied…if the transmission is not in park, the vehicle 100 was previously stopped, and the driver's seat is not occupied, the control module 128 is configured to automatically brake the vehicle 100…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214); wherein the one or more processing circuits are configured to adjust the vehicle from the non-parking configuration to the parking configuration by adjusting the parking brake system from the deactivated configuration to the activated configuration (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214). WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions.
Consider claim 3:
The combination of Wang, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 2. In addition, Wang teaches wherein the one or more processing circuits are configured to determine the vehicle is not in the parking configuration based on the sensor data indicating the parking brake system is in the deactivated configuration (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214). WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions.
Consider claim 5:
The combination of Wang, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 1. In addition, Wang teaches wherein: the cab comprises at least one of: a seat support configured to support the operator of the vehicle (Fig. 1 element “passenger vehicle 100” equipped with seat support); or a seat belt configured to secure the operator to the seat support (Fig. 1 element “passenger vehicle 100” equipped with seat support including seatbelts); the one or more sensors include a seat sensor configured to generate a portion of the sensor data corresponding to at least one of the seat support or the seat belt; and the one or more processing circuits are configured to determine an operator of the vehicle is at least one of exiting the cab opening or is positioned outside of the cab opening based on the portion of the sensor data (See Wang, e.g., “the occupant detection sensors 144 can be configured to determine when the driver's seat is occupied and when the driver's seat is not occupied…the occupant detection sensor(s) 144 can include one or more sensors to detect the occupancy of a driver's seat located in the passenger compartment 104 of the vehicle 100. The occupant detection sensor(s) 144 can be any suitable type of sensor(s)…the occupant detection sensor(s) 144 can be one or more weight sensor(s) located within the driver's seat…the occupant detection sensor(s) 144 can be one or more camera(s) located in the cabin of the vehicle 100 and configured to detect the occupancy of the driver's seat”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214). WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of WHITFIELD, and further in view of Gomez et al. (US Pub. No.: 2024/0208468 A1: hereinafter “Gomez”).
Consider claim 4:
The combination of Wang, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 1. In addition, Wang teaches wherein: the cab comprises a door configured to provide access to the cab opening of the cab (Fig. 1 element “passenger vehicle 100” equipped with doors). WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions. However, the combination of Wang, WHITFIELD does not explicitly teach the one or more sensors include a door sensor configured to generate a portion of the sensor data corresponding to an orientation of the door; and the one or more processing circuits are configured to determine an operator of the vehicle is at least one of exiting the cab opening or is positioned outside of the cab opening based on the portion of the sensor data.
In an analogous field of endeavor, Gomez teaches the one or more sensors include a door sensor configured to generate a portion of the sensor data corresponding to an orientation of the door (See Gomez, e.g., “…the door system 60 transmits a driver disengagement signal to the vehicle brake controller 24 when the driver of the vehicle opens the driver door…”, of ¶ [0018], ¶ [0020], ¶ [0025], Fig. 1 element 60); and the one or more processing circuits are configured to determine an operator of the vehicle is at least one of exiting the cab opening or is positioned outside of the cab opening based on the portion of the sensor data (See Gomez, e.g., “…the door system 60 transmits a driver disengagement signal to the vehicle brake controller 24 when the driver of the vehicle opens the driver door. It is assumed that the door system 60 sensing the driver door is closed indicates the driver is engaging with the vehicle 12 (e.g., the driver has entered the vehicle 12), and that the door system 60 sensing the driver door opens indicates the driver is disengaging from the vehicle 12 (e.g., the driver is exiting the vehicle 12)…”, of ¶ [0018], ¶ [0020], ¶ [0025], Fig. 1 element 60).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Wang, WHITFIELD with the teachings of Gomez so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly detecting the whereabouts of the operator and operate the vehicle accordingly.
Claim(s) 6-8, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of WHITFIELD, and further in view of XU et al. (US Pub. No.: 2025/0074445 A1: hereinafter “XU”).
Consider claims 6, 17:
The combination of Wang, WHITFIELD teaches everything claimed as implemented above in the rejection of claims 1, 16. In addition, Wang teaches “An automatic braking system for a vehicle includes a sensor system configured to detect the previous speed of the vehicle, occupancy of a driver's seat of the vehicle, and an input to at least one of an accelerator pedal of the vehicle and a brake pedal of the vehicle…a control module communicatively connected to the sensor system and configured to automatically brake the vehicle when the vehicle was previously stopped, the driver's seat is occupied, and there is no input to the accelerator pedal or the brake pedal”, of Abstract, ¶ [0004]-¶ [0006], Fig. 1 elements 100-150, Fig. 2 steps 200-214. WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions. However, the combination of Wang, WHITFIELD does not explicitly teach further comprising an awareness system configured to generate awareness data corresponding to surroundings of the vehicle; wherein the one or more processing circuits are further configured to: acquire, from the awareness system, the awareness data; determine, based on the awareness data, an object will contact the operator; and operate the vehicle to generate a contact alert..
In an analogous field of endeavor, XU teaches further comprising an awareness system configured to generate awareness data corresponding to surroundings of the vehicle (See XU, e.g., “…A vehicle includes a ranged sensor that generates time-series data indicating positions of objects in an environment surrounding the vehicle, a user interface configured to warn the driver of a predicted collision between the vehicle and one of the objects in the environment…”, of Abstract, ¶ [0003], ¶ [0020], ¶ [0042], ¶ [0072]-¶ [0088], ¶ [0099]-¶ [0100], Fig. 1 elements 100-144, Fig. 2 elements 200-222, Figs. 6A-b elements 20-614, and Fig. 10 steps 1000-1024); wherein the one or more processing circuits are further configured to: acquire, from the awareness system, the awareness data (See XU, e.g., “…predicting trajectories of the objects and the vehicle based on the time-series data and the driver behavior model, and predicting a collision between the vehicle and one of the objects based on the predicted trajectories…generating a warning indicating the predicted collision to the driver…”, of Abstract, ¶ [0003], ¶ [0020], ¶ [0042], ¶ [0072]-¶ [0088], ¶ [0099]-¶ [0100], Fig. 1 elements 100-144, Fig. 2 elements 200-222, Figs. 6A-b elements 20-614, and Fig. 10 steps 1000-1024); determine, based on the awareness data, an object will contact the operator (See XU, e.g., “…predicting trajectories of the objects and the vehicle based on the time-series data and the driver behavior model, and predicting a collision between the vehicle and one of the objects based on the predicted trajectories…generating a warning indicating the predicted collision to the driver…”, of Abstract, ¶ [0003], ¶ [0020], ¶ [0042], ¶ [0072]-¶ [0088], ¶ [0099]-¶ [0100], Fig. 1 elements 100-144, Fig. 2 elements 200-222, Figs. 6A-b elements 20-614, and Fig. 10 steps 1000-1024); and operate the vehicle to generate a contact alert (See XU, e.g., “…generating a warning indicating the predicted collision to the driver…”, of Abstract, ¶ [0003], ¶ [0020], ¶ [0042], ¶ [0072]-¶ [0088], ¶ [0099]-¶ [0100], Fig. 1 elements 100-144, Fig. 2 elements 200-222, Figs. 6A-b elements 20-614, and Fig. 10 steps 1000-1024).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Wang, WHITFIELD with the teachings of XU so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly executing smoother and more comfortable braking maneuvers to assist drivers in avoiding not only identified obstacles but also collisions with subsequent vehicles, as taught in ¶ [0002].
Consider claims 7, 18:
The combination of Wang, WHITFIELD, and XU teaches everything claimed as implemented above in the rejection of claims 6, 17. In addition, Wang teaches wherein the one or more processing circuits are configured to acquire the awareness data responsive to determining the operator of the vehicle is at least one of exiting the cab opening or is positioned outside of the cab opening (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214). WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions. XU teaches acquire the awareness data (See XU, e.g., “…predicting trajectories of the objects and the vehicle based on the time-series data and the driver behavior model, and predicting a collision between the vehicle and one of the objects based on the predicted trajectories…generating a warning indicating the predicted collision to the driver…”, of Abstract, ¶ [0003], ¶ [0020], ¶ [0042], ¶ [0072]-¶ [0088], ¶ [0099]-¶ [0100], Fig. 1 elements 100-144, Fig. 2 elements 200-222, Figs. 6A-b elements 20-614, and Fig. 10 steps 1000-1024). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Wang, WHITFIELD with the teachings of XU so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly executing smoother and more comfortable braking maneuvers to assist drivers in avoiding not only identified obstacles but also collisions with subsequent vehicles, as taught in ¶ [0002].
Consider claim 8:
The combination of Wang, WHITFIELD, and XU teaches everything claimed as implemented above in the rejection of claim 6. In addition, Wang teaches wherein: the one or more processing circuits are further configured to: determine, based on the sensor data (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214), a position of the operator outside of the cab opening (See Wang, e.g., “…the driver may be in a hurry to exit the vehicle 100 and may forget to put the transmission of the vehicle 100 in park…the transmission may be in drive, neutral, or reverse, and the driver may be in the process of exiting the vehicle 100, and thus the driver's seat may be unoccupied…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214); XU teaches and the one or more processing circuits determine the object will contact the operator based on a trajectory of the object intersecting with the position of the operator (See XU, e.g., “…predicting trajectories of the objects and the vehicle based on the time-series data and the driver behavior model, and predicting a collision between the vehicle and one of the objects based on the predicted trajectories…generating a warning indicating the predicted collision to the driver…”, of Abstract, ¶ [0003], ¶ [0020], ¶ [0042], ¶ [0072]-¶ [0088], ¶ [0099]-¶ [0100], Fig. 1 elements 100-144, Fig. 2 elements 200-222, Figs. 6A-b elements 20-614, and Fig. 10 steps 1000-1024). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Wang, WHITFIELD with the teachings of XU so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly executing smoother and more comfortable braking maneuvers to assist drivers in avoiding not only identified obstacles but also collisions with subsequent vehicles, as taught in ¶ [0002].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of WHITFIELD, and in further view of Jung (US Pub. No.: 2021/0188227 A1: hereinafter “Jung”).
Consider claim 20:
The combination of Wang, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 16. In addition, Wang teaches “An automatic braking system for a vehicle includes a sensor system configured to detect the previous speed of the vehicle, occupancy of a driver's seat of the vehicle, and an input to at least one of an accelerator pedal of the vehicle and a brake pedal of the vehicle…a control module communicatively connected to the sensor system and configured to automatically brake the vehicle when the vehicle was previously stopped, the driver's seat is occupied, and there is no input to the accelerator pedal or the brake pedal”, of Abstract, ¶ [0004]-¶ [0006], Fig. 1 elements 100-150, Fig. 2 steps 200-214. However the combination of Wang, WHITFIELD does not explicitly teach wherein: the one or more sensors include a wearable device worn by the operator configured to generate a portion of the sensor data associated with a position of the operator; and the position of the operator is determined based on the portion of the sensor data.
In an analogous field of endeavor, Jung teaches wherein: the one or more sensors include a wearable device worn by the operator configured to generate a portion of the sensor data associated with a position of the operator (See Jung, e.g., “…the location information may be the location of the vehicle 1 determined by the user terminal or a GPS sensor, or may be an image around the vehicle 1 captured by the camera 110…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], ¶ [0119], ¶ [0121], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); and the position of the operator is determined based on the portion of the sensor data (See Jung, e.g., “…the location information may be the location of the vehicle 1 determined by the user terminal or a GPS sensor, or may be an image around the vehicle 1 captured by the camera 110…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], ¶ [0119], ¶ [0121], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Wang, WHITFIELD with the teachings of Jung so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly “…provides a driver assistance apparatus, a driver assistance method, and a driver assistance system for varying the operation time of a braking device based on weather information…”, as taught in ¶ [0005].
Claim(s) 10, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US Pub. No.: 2021/0188227 A1: hereinafter “Jung”) in view of WHITFIELD.
Consider claim 10:
Jung teaches a vehicle (Fig. 1 element “a vehicle 1”) comprising: a driveline configured to transport the vehicle (Fig. 1 element “a vehicle 1” with driveline); a cab defining a cab opening configured to receive an operator of the vehicle therein(Fig. 1 element “a vehicle 1” with a cab); one or more sensors configured to generate sensor data corresponding to at least one of the vehicle or the operator (See Jung, e.g., “…the DAS 100 may sense a surrounding environment of the vehicle 1 (e.g., another vehicle, a pedestrian, a cyclist, a lane, a road sign, and the like), and control driving and/or braking and/or steering of the vehicle 1 in response to the sensed environment”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); an awareness system configured to generate awareness data corresponding to surroundings of the vehicle (See Jung, e.g., “…the DAS 100 may sense a surrounding environment of the vehicle 1 (e.g., another vehicle, a pedestrian, a cyclist, a lane, a road sign, and the like)…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); and one or more processing circuits (Fig. 1 elements ECUs 101-102) configured to: acquire, from the one or more sensors, the sensor data (See Jung, e.g., “…the DAS 100 may sense a surrounding environment of the vehicle 1…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); and one or more processing circuits (Fig. 1 elements ECUs 101-102); determine, based on the sensor data, a position of the operator (See Jung, e.g., “…the location information may be the location of the vehicle 1 determined by the user terminal or a GPS sensor, or may be an image around the vehicle 1 captured by the camera 110…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], ¶ [0119], ¶ [0121], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); acquire, from the awareness system, the awareness data (See Jung, e.g., “…the camera 110 photographs the surroundings of the vehicle 1 and obtains image data… The image data obtained here may include location information of the vehicle 1… the image data may include an image of the surrounding vehicle 2…the controller 140 may calculate a collision time with a front vehicle or an object based on the obtained image data…the obtained image data may include speed or direction information of a surrounding vehicle…When the collision time is calculated, the controller 140 may determine the braking time point of the vehicle 1 (3103) and transmit location information of the vehicle 1 to the V2X communication base station…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); determine, based on the awareness data, an object is approaching the position of the operator (See Jung, e.g., “…the image data may include an image of the surrounding vehicle 2…the controller 140 may calculate a collision time with a front vehicle or an object based on the obtained image data…the obtained image data may include speed or direction information of a surrounding vehicle…When the collision time is calculated, the controller 140 may determine the braking time point of the vehicle 1 (3103) and transmit location information of the vehicle 1 to the V2X communication base station…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); and operate the vehicle to generate a contact alert such that the operator is alerted the object is approaching the position of the operator (See Jung, e.g., “…the processor 141 may calculate a distance to collision (DTC) on the basis of the relative speed of front objects, and warn the driver of a collision or transmit a braking signal to the braking system 32 on the basis of a result of comparing the DTC with distances to the front objects…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0081], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings). However, Wang does not explicitly teach a refuse vehicle.
In an analogous field of endeavor, WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine “…an apparatus for assisting driving of a host vehicle including: a camera mounted to the host vehicle and having a field of view outside of the host vehicle, the camera configured to obtain front image data; and a controller configured to process the front image data, obtain collision time with a surrounding vehicle and weather information based on the image data, and control a braking device provided in the vehicle to start braking at a first braking time point based on the collision time and weather information…”, as disclosed in Jung with “a refuse vehicle”, as taught in WHITFIELD with a reasonable expectation of success to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions by autonomously operating the vehicle.
Consider claim 14:
The combination of Jung, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 10. In addition, Jung teaches wherein: the one or more sensors include a wearable device worn by the operator configured to generate a portion of the sensor data associated with the position of the operator (See Jung, e.g., “…the location information may be the location of the vehicle 1 determined by the user terminal or a GPS sensor, or may be an image around the vehicle 1 captured by the camera 110…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], ¶ [0119], ¶ [0121], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); and the one or more processing circuits determine the position of the operator based on the portion of the sensor data (See Jung, e.g., “…the location information may be the location of the vehicle 1 determined by the user terminal or a GPS sensor, or may be an image around the vehicle 1 captured by the camera 110…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], ¶ [0119], ¶ [0121], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings).
Consider claim 15:
The combination of Jung, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 10. In addition, Jung teaches wherein: at least one of the one or more sensors is a camera configured to generate image data corresponding to the surroundings of the refuse vehicle (See Jung, e.g., “…the camera 110 photographs the surroundings of the vehicle 1 and obtains image data… The image data obtained here may include location information of the vehicle 1… the image data may include an image of the surrounding vehicle 2…the controller 140 may calculate a collision time with a front vehicle or an object based on the obtained image data…the obtained image data may include speed or direction information of a surrounding vehicle…When the collision time is calculated, the controller 140 may determine the braking time point of the vehicle 1 (3103) and transmit location information of the vehicle 1 to the V2X communication base station…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); the awareness system generates the awareness data based on the image data (See Jung, e.g., “…the obtained image data may include speed or direction information of a surrounding vehicle…When the collision time is calculated, the controller 140 may determine the braking time point of the vehicle 1 (3103) and transmit location information of the vehicle 1 to the V2X communication base station…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); the one or more processing circuits are configured to determine the position of the operator based on the image data (See Jung, e.g., “…the camera 110 photographs the surroundings of the vehicle 1 and obtains image data… The image data obtained here may include location information of the vehicle 1…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings); and the one or more processing circuits are configured to determine the object is approaching the position of the operator based on the image data (See Jung, e.g., “…the image data may include an image of the surrounding vehicle 2…the controller 140 may calculate a collision time with a front vehicle or an object based on the obtained image data…the obtained image data may include speed or direction information of a surrounding vehicle…When the collision time is calculated, the controller 140 may determine the braking time point of the vehicle 1 (3103) and transmit location information of the vehicle 1 to the V2X communication base station…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings).
Claim(s) 11, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of WHITFIELD, and further in view of Wang.
Consider claim 11:
The combination of Jung, WHITFIELD teaches everything claimed as implemented above in the rejection of claim 10. In addition, Jung teaches “…the camera 110 photographs the surroundings of the vehicle 1 and obtains image data… The image data obtained here may include location information of the vehicle 1… the image data may include an image of the surrounding vehicle 2…the controller 140 may calculate a collision time with a front vehicle or an object based on the obtained image data…the obtained image data may include speed or direction information of a surrounding vehicle…When the collision time is calculated, the controller 140 may determine the braking time point of the vehicle 1 (3103) and transmit location information of the vehicle 1 to the V2X communication base station…”, of Abstract, ¶ [0007], ¶ [0014], ¶ [0021], ¶ [0053], ¶ [0071], ¶ [0077]-¶ [0078], [0118]-¶ [0158], Figs. 2-3 elements 100-134, Figs. 4-5 elements 1-100, Figs. 6-9 steps 3101-3405, and Fig. 10 elements 1-3 warnings. WHITFIELD teaches a refuse vehicle (See WHITFIELD, e.g., “…refuse vehicle 10…”, of ¶ [0019]-¶ [0020], Fig. 1 element 10). Therefore, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wang with the teachings of WHITFIELD so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions. However, the combination of Jung, WHITFIELD does not explicitly teach wherein the one or more processing circuits are configured to acquire the awareness data responsive to the position of the operator being outside of the cab opening.
In an analogous field of endeavor, Wang teaches wherein the one or more processing circuits are configured to acquire the awareness data (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214) responsive to the position of the operator being outside of the cab opening (See Wang, e.g., “…the driver may be in a hurry to exit the vehicle 100 and may forget to put the transmission of the vehicle 100 in park…the transmission may be in drive, neutral, or reverse, and the driver may be in the process of exiting the vehicle 100, and thus the driver's seat may be unoccupied…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine “…an apparatus for assisting driving of a host vehicle including: a camera mounted to the host vehicle and having a field of view outside of the host vehicle, the camera configured to obtain front image data; and a controller configured to process the front image data, obtain collision time with a surrounding vehicle and weather information based on the image data, and control a braking device provided in the vehicle to start braking at a first braking time point based on the collision time and weather information…”, as disclosed in Jung with “wherein the one or more processing circuits are configured to acquire the awareness data responsive to the position of the operator being outside of the cab opening”, as taught in Wang with a reasonable expectation of success to yield a system, method for efficiently, robustly, and seamlessly avoiding collisions.
Consider claim 13:
The combination of Jung, WHITFIELD, and Wang teaches everything claimed as implemented above in the rejection of claim 10. Wang teaches wherein the one or more processing circuits are further configured to: determine, based on the sensor data, the vehicle is in a non-parking configuration (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214); and responsive to the position of the operator being outside of the cab opening, operate the vehicle to place the vehicle in a parking configuration (See Wang, e.g., “…If the driver's seat is not occupied, the method 200 will continue to operation 208, in which the control module 128 will automatically brake the vehicle 100, for example, by operating the braking system 118 to apply the brakes…”, of ¶ [0004]-¶ [0006], ¶ [0016]-¶ [0023], ¶ [0025]-¶ [0028], Fig. 1 elements 100-150, Fig. 2 steps 200-214). Therefore, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Jung, WHITFIELD with the teachings of Wang so as, with a reasonable expectation of success, to yield a system, method for efficiently, robustly, and seamlessly mitigating collisions, and preserving the operator’s life.
Allowable Subject Matter
Claims 9, 12, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Further, the prior art on record fails to teach or suggest, either in singularity or in combination, the claimed subject matter of claims 9, 12, and 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ARMSTRONG NIGEL (WO 2017077282 A1) teaches “A vehicle safety device (200) for preventing an unoccupied vehicle moving uncontrollably. The device comprises a control module (201) and a brake module (203). The device (200) is configured to detect when a driver leaves said vehicle. The device (200) is also configured to activate, through the brake module (203), a braking system when the device detects that said driver has left the vehicle. The device may improve the safety of a vehicle in which it is fitted. A system (300) comprising the device (200) and a vehicle (400) comprising the system (300) are also described. A method of preventing an unoccupied vehicle moving is also described. The device, system, vehicle and method are particularly useful for preventing accidents in large commercial vehicles caused by a driver leaving the vehicle without engaging a parking brake.”
Kuhlman et al. (US Pub. No.: 2023/0134211 A1) teaches “Certain vehicle uses require the driver to stop at numerous locations throughout a shift or other time period to exit and enter the vehicle (e.g., to pick up or deliver a parcel, empty a refuse container, write a parking ticket, or engage with a public safety incident). While the driver is outside of the vehicle, the vehicle is secured by a security mechanism (e.g., a parking brake) to keep the vehicle from moving while not under the control of the driver. When the driver returns to the vehicle, the driver must disengage the security mechanism before driving on from the location”
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/BABAR SARWAR/Primary Examiner, Art Unit 3667