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.
Status of Claims
Claims 1-12 are pending in this application.
Claims 1-3, 5-7, and 9-11 are amended.
Claims 1-12 are presented for examination.
Response to Amendments
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US Publication 2022/0415181 A1) in view of Sujan et al. (US Publication 2020/0027355 A1).
Regarding claim 1, Wang teaches a method for controlling travelling of a vehicle platoon, the method comprising: establishing, by a target vehicle of the vehicle platoon, a network connection with a remote control terminal (Wang: Para. 51, Fig. 2; the communication system, the first device and the second device can communicate data and control information to each other; vehicle platoon is controlled by the first device and comprises the vehicles); ………… ; transmitting, by the target vehicle, a takeover request to the remote control terminal (Wang: Para. 64; the first device may transmit the request to the vehicle to join the vehicle platoon); controlling, by the remote control terminal, the target vehicle to enter a driving state (Wang: Para. 57; if the vehicles are not adjacent, the vehicles will be remotely controlled to be adjacent); and receiving, by the target vehicle, a takeover confirmation message transmitted by the remote control terminal (Wang: Para. 64; vehicle may generate the response to the request; vehicle agrees to join the vehicle platoon, the vehicle may generate an acknowledgment), wherein the plurality of vehicles include a leading vehicle (LV) and a following vehicle (FV) of the LV (Wang: Para. 39; vehicle 110 may act as the head vehicle; vehicles 120 may act as the follower vehicle).
Wang doesn’t explicitly teach determining, by the target vehicle, that the target vehicle is to be remotely taken over based on an indication that the target vehicle is experiencing one or more conditions that disrupt travelling ; based on the determination that the target vehicle is to be remotely taken over, initiating, by the target vehicle, control of a plurality of statuses of a plurality of vehicles of the vehicle platoon other than the target vehicle, the initiating of the control of the plurality of statuses comprising transmitting, by the target vehicle, a platoon dismissing message or a leaving request message to at least one vehicle of the vehicle platoon other than the target vehicle.
However Sujan, in the same field of endeavor, teaches determining, by the target vehicle, that the target vehicle is to be remotely taken over based on an indication that the target vehicle is experiencing one or more conditions that disrupt travelling (Sujan: Para. 71; if the engine fails, or a tire blows, the deserter could be removed from the initial platoon); based on the determination that the target vehicle is to be remotely taken over, initiating, by the target vehicle, control of a plurality of statuses of a plurality of vehicles of the vehicle platoon other than the target vehicle (Sujan: Para. 75; if the deserter was derated at step 310, then all vehicles following the deserter in the initial platoon break away from the initial platoon and match deceleration rates at step 378 until a derate speed is reached), the initiating of the control of the plurality of statuses comprising transmitting, by the target vehicle, a platoon dismissing message or a leaving request message to at least one vehicle of the vehicle platoon other than the target vehicle (Sujan: Para. 72; deserter chose to leave the initial platoon at step 286 or chose to join the second platoon at step 298, then the decision to leave the initial platoon is communicated to the other vehicles of the initial platoon).
It would have been obvious to one having ordinary skill in the art to modify the remotely controlled platoons (Wang: Para. 51, Fig. 2) with the vehicle exiting the platoon based on powertrain fault (Sujan: Para. 71, 75) with a reasonable expectation of success because when vehicle not at the end of the platoon has an engine failure the system can control the platoon at the exiting vehicle and behind to decelerate at the same rate to aid in the damaged vehicle’s exit (Sujan: Para. 71, 75).
Regarding claim 2, Wang teaches the method according to claim 1, wherein the target vehicle is the LV, and wherein the initiating the control of the plurality of statuses comprises: transmitting, by the target vehicle, the platoon dismissing message to the FV based on the target vehicle determining the vehicle platoon is to be dismissed (Wang: Para. 70; first device may transmit “remote driving ending” to the vehicles in the vehicle platoon); receiving, by the FV, the platoon dismissing message (Wang: Para. 70; first device may transmit “remote driving ending” to the vehicles in the vehicle platoon); setting, by the FV, a status of the FV to a free state (Wang: Para. 70; first device may release the remote control and the second device may also release the remote control); and traveling, by the FV, out of the vehicle platoon (Wang: Para. 65; if the vehicle is to leave the vehicle platoon; the vehicle may be guided to move to the end of the vehicle platoon or move to another lane different from the lane in which the vehicle platoon is located).
Regarding claim 3, Wang teaches the method according to claim 1, wherein the target vehicle is the FV, and wherein the initiating the control of the plurality of statuses comprises: transmitting, by the target vehicle, the leaving request message to the LV (Wang: Para. 65; if the vehicle is to leave the vehicle platoon, the first device may update the vehicle platoon); receiving, by the target vehicle, the platoon dismissing message transmitted by the LV (Wang: Para. 67; first device may release the remote control; vehicle may take its driving right back); setting, by the target vehicle, a status of the target vehicle to a free state (Wang: Para. 67; the vehicle may take its driving right back); and travelling, by the target vehicle, out of the vehicle platoon (Wang: Para. 65; first device may remotely drive the vehicle to a former planned specific location; vehicle may be guided to move to the end of the vehicle platoon or move to another lane different from the lane in which the vehicle platoon is located).
Regarding claim 4, Wang teaches the method according to claim 1, further comprising: transmitting, by the target vehicle, status information of the target vehicle to the remote control terminal (Wang: Para. 60-61; the second device transmits the second information to the first device; subsection indicating the driving parameters; a time parameter, a location parameter, a speed parameter, a headway parameter); determining, by the remote control terminal, traveling information based on the status information (Wang: Para. 62-63; first device generates the third information based on the second information; third information specific to the vehicle 2302 which is the follower, the third information may indicate the vehicle 2302 to change the speed to 120 km/h and keep the headway to be 1 m); receiving, by the target vehicle, the travelling information transmitted by the remote control terminal (Wang: Para. 82; vehicle remote driving controller may transmit the third information to the vehicle); and performing, by the target vehicle, a driving behavior based on the travelling information (Wang: Para. 129; the third information comprises at least one of: an identity of the vehicle, an updated driving speed, an updated headway, a parameter of throttle setting, a parameter of brake setting, or a parameter of steering wheel setting).
Regarding claim 5, Wang teaches an apparatus for controlling travelling of a vehicle platoon, the apparatus comprising: at least one memory configured to store computer program code; and at least one processor configured to read the program code and operate as instructed by the program code, the program code (Wang: Para. 175; computer program codes or related data may be carried by any suitable carrier to enable the device, apparatus or processor to perform various processes and operations; computer readable medium) comprising: connection code, configured to cause at least one of the at least one processor to establish network connection with a remote control terminal (Wang: Para. 51, Fig. 2; the communication system, the first device and the second device can communicate data and control information to each other; vehicle platoon is controlled by the first device and comprises the vehicles); ……….. ; first transmission code, configured to cause at least one of the at least one processor to transmit a takeover request to the remote control terminal (Wang: Para. 64; the first device may transmit the request to the vehicle to join the vehicle platoon); and first receiving code, configured to cause at least one of the at least one processor to receive a takeover confirmation message transmitted by the remote control terminal (Wang: Para. 64; vehicle may generate the response to the request; vehicle agrees to join the vehicle platoon, the vehicle may generate an acknowledgment), wherein the remote control terminal is configured to control the target vehicle to enter a driving state based on the takeover request (Wang: Para. 57; if the vehicles are not adjacent, the vehicles will be remotely controlled to be adjacent), and wherein the plurality of vehicles comprise a leading vehicle (LV) and a following vehicle (FV) of the LV (Wang: Para. 39; vehicle 110 may act as the head vehicle; vehicles 120 may act as the follower vehicle).
Wang doesn’t explicitly teach processing code, configured to cause at least one of the at least one processor to: determine that a target vehicle of the vehicle platoon is to be remotely taken over based on an indication that the target vehicle is experiencing one or more conditions that disrupt traveling; based on the determination that the target vehicle is to be remotely taken over, initiate control of a plurality of statuses of a plurality of vehicles of the vehicle platoon other than the target vehicle by at least transmitting a platoon dismissing message or a leaving request message to at least one vehicle of the vehicle platoon other than the target vehicle.
However Sujan, in the same field of endeavor, teaches processing code, configured to cause at least one of the at least one processor to: determine that a target vehicle of the vehicle platoon is to be remotely taken over based on an indication that the target vehicle is experiencing one or more conditions that disrupt traveling (Sujan: Para. 71; if the engine fails, or a tire blows, the deserter could be removed from the initial platoon); based on the determination that the target vehicle is to be remotely taken over, initiate control of a plurality of statuses of a plurality of vehicles of the vehicle platoon other than the target vehicle (Sujan: Para. 75; If the deserter was derated at step 310, then all vehicles following the deserter in the initial platoon break away from the initial platoon and match deceleration rates at step 378 until a derate speed is reached) by at least transmitting a platoon dismissing message or a leaving request message to at least one vehicle of the vehicle platoon other than the target vehicle (Sujan: Para. 72; deserter chose to leave the initial platoon at step 286 or chose to join the second platoon at step 298, then the decision to leave the initial platoon is communicated to the other vehicles of the initial platoon).
It would have been obvious to one having ordinary skill in the art to modify the remotely controlled platoons (Wang: Para. 51, Fig. 2) with the vehicle exiting the platoon based on powertrain fault (Sujan: Para. 71, 75) with a reasonable expectation of success because when vehicle not at the end of the platoon has an engine failure the system can control the platoon at the exiting vehicle and behind to decelerate at the same rate to aid in the damaged vehicle’s exit (Sujan: Para. 71, 75).
Regarding claim 6, Wang teaches the apparatus according to claim 5, wherein the target vehicle is the LV, wherein the processing code is further configured to cause at least one of the at least one processor to transmit the platoon dismissing message to the FV (Wang: Para. 70; first device may transmit “remote driving ending” to the vehicles in the vehicle platoon), and wherein the FV is configured to set a status of the FV to a free state (Wang: Para. 70; first device may release the remote control and the second device may also release the remote control) and travel out of the vehicle platoon, based on receiving the platoon dismissing message (Wang: Para. 65; if the vehicle is to leave the vehicle platoon; the vehicle may be guided to move to the end of the vehicle platoon or move to another lane different from the lane in which the vehicle platoon is located).
Regarding claim 7, Wang teaches the apparatus according to claim 5, wherein the target vehicle is the FV, wherein the processing code is further configured to cause at least one of the at least one processor to: transmit the leaving request message to the LV (Wang: Para. 65; if the vehicle is to leave the vehicle platoon, the first device may update the vehicle platoon), receive the platoon dismissing message transmitted by the LV (Wang: Para. 67; first device may release the remote control; vehicle may take its driving right back); and set a status of the target vehicle to a free state (Wang: Para. 67; the vehicle may take its driving right back), and wherein the target vehicle is configured to travel out of the vehicle platoon based on the status being set to the free state (Wang: Para. 65; first device may remotely drive the vehicle to a former planned specific location; vehicle may be guided to move to the end of the vehicle platoon or move to another lane different from the lane in which the vehicle platoon is located).
Regarding claim 8, Wang teaches the apparatus according to claim 5, wherein the program code further comprises: second transmission code configured to cause at least one of the at least one processor to transmit status information of the target vehicle to the remote control terminal (Wang: Para. 60-61; the second device transmits the second information to the first device; subsection indicating the driving parameters; a time parameter, a location parameter, a speed parameter, a headway parameter); second receiving code configured to cause at least one of the at least one processor to receive travelling information transmitted by the remote control terminal (Wang: Para. 61; the second device transmits the second information to the first device); and performing code configured to cause at least one of the at least one processor to control a driving behavior of the target vehicle based on the travelling information (Wang: Para. 9; third device is further caused to receive, from the first device, third information to be remotely controlled by first device based on the vehicle platoon), and wherein the remote control terminal is configured to determine the travelling information based on the status information (Wang: Para. 62-63; first device generates the third information based on the second information; third information specific to the vehicle 2302 which is the follower, the third information may indicate the vehicle 2302 to change the speed to 120 km/h and keep the headway to be 1 m).
Regarding claim 9, Wang teaches a non-transitory computer-readable storage medium, storing computer code which, when executed by at least one processor, causes the at least one processor to at least: establish network connection with a remote control terminal (Wang: Para. 51, Fig. 2; the communication system, the first device and the second device can communicate data and control information to each other; vehicle platoon is controlled by the first device and comprises the vehicles); ………… ; transmit a takeover request to the remote control terminal (Wang: Para. 64; the first device may transmit the request to the vehicle to join the vehicle platoon); and receive a takeover confirmation message transmitted by the remote control terminal (Wang: Para. 64; vehicle may generate the response to the request; vehicle agrees to join the vehicle platoon, the vehicle may generate an acknowledgment), wherein the remote control terminal is configured to control the target vehicle to enter a driving state based on the takeover request (Wang: Para. 57; if the vehicles are not adjacent, the vehicles will be remotely controlled to be adjacent), and wherein the plurality of vehicles comprise a leading vehicle (LV) and a following vehicle (FV) of the LV (Wang: Para. 39; vehicle 110 may act as the head vehicle; vehicles 120 may act as the follower vehicle).
Wang doesn’t explicitly teach based on the determination that the target vehicle is to be remotely taken over, determine that a target vehicle of a vehicle platoon is to be remotely taken over based on an indication that the target vehicle is experiencing one or more conditions that disrupt traveling; initiate control of a plurality of statuses of a plurality of vehicles of the vehicle platoon other than the target vehicle by at least transmitting a platoon dismissing message or a leaving request message to at least one vehicle of the vehicle platoon other than the target vehicle.
However Sujan, in the same field of endeavor, teaches based on the determination that the target vehicle is to be remotely taken over, determine that a target vehicle of a vehicle platoon is to be remotely taken over based on an indication that the target vehicle is experiencing one or more conditions that disrupt traveling (Sujan: Para. 71; if the engine fails, or a tire blows, the deserter could be removed from the initial platoon); initiate control of a plurality of statuses of a plurality of vehicles of the vehicle platoon other than the target vehicle (Sujan: Para. 75; If the deserter was derated at step 310, then all vehicles following the deserter in the initial platoon break away from the initial platoon and match deceleration rates at step 378 until a derate speed is reached) by at least transmitting a platoon dismissing message or a leaving request message to at least one vehicle of the vehicle platoon other than the target vehicle (Sujan: Para. 72; deserter chose to leave the initial platoon at step 286 or chose to join the second platoon at step 298, then the decision to leave the initial platoon is communicated to the other vehicles of the initial platoon).
It would have been obvious to one having ordinary skill in the art to modify the remotely controlled platoons (Wang: Para. 51, Fig. 2) with the vehicle exiting the platoon based on powertrain fault (Sujan: Para. 71, 75) with a reasonable expectation of success because when vehicle not at the end of the platoon has an engine failure the system can control the platoon at the exiting vehicle and behind to decelerate at the same rate to aid in the damaged vehicle’s exit (Sujan: Para. 71, 75).
Regarding claim 10, Wang teaches the non-transitory computer-readable storage medium, according to claim 9, wherein the target vehicle is the LV, wherein the initiating the control of the plurality of statuses comprises transmitting the platoon dismissing message to the FV (Wang: Para. 70; first device may transmit “remote driving ending” to the vehicles in the vehicle platoon), and wherein the FV is configured to set a status of the FV to a free state (Wang: Para. 70; first device may release the remote control and the second device may also release the remote control) and travel out of the vehicle platoon, based on receiving the platoon dismissing message (Wang: Para. 65; if the vehicle is to leave the vehicle platoon; the vehicle may be guided to move to the end of the vehicle platoon or move to another lane different from the lane in which the vehicle platoon is located).
Regarding claim 11, Wang teaches the non-transitory computer-readable storage medium, according to claim 9, wherein the target vehicle is the FV, wherein the initiating the control of the plurality of statuses comprises: transmitting the leaving request message to the LV (Wang: Para. 65; if the vehicle is to leave the vehicle platoon, the first device may update the vehicle platoon), receiving the platoon dismissing message transmitted by the LV (Wang: Para. 67; first device may release the remote control; vehicle may take its driving right back); and setting a status of the target vehicle to a free state (Wang: Para. 67; the vehicle may take its driving right back).
Wang doesn’t explicitly teach wherein the target vehicle is configured to travel out of the vehicle platoon based on the status being set to the free state.
However Sujan, in the same field of endeavor, teaches wherein the target vehicle is configured to travel out of the vehicle platoon based on the status being set to the free state (Sujan: Para. 72-73; after the communication is sent, the deserter exits the initial platoon; the deserter chose to leave the initial platoon and exit the roadway).
It would have been obvious to one having ordinary skill in the art to modify the remotely controlled platoons (Wang: Para. 51, Fig. 2) with the vehicle exiting the platoon based on powertrain fault (Sujan: Para. 71, 75) with a reasonable expectation of success because when vehicle not at the end of the platoon has an engine failure the system can control the platoon at the exiting vehicle and behind to decelerate at the same rate to aid in the damaged vehicle’s exit (Sujan: Para. 71, 75).
Regarding claim 12, Wang teaches the non-transitory computer-readable storage medium, according to claim 9, further comprising: transmitting status information of the target vehicle to the remote control terminal (Wang: Para. 60-61; the second device transmits the second information to the first device; subsection indicating the driving parameters; a time parameter, a location parameter, a speed parameter, a headway parameter); receiving travelling information transmitted by the remote control terminal (Wang: Para. 61; the second device transmits the second information to the first device); and controlling a driving behavior of the target vehicle based on the travelling information (Wang: Para. 9; third device is further caused to receive, from the first device, third information to be remotely controlled by first device based on the vehicle platoon), wherein the remote control terminal is configured to determine the travelling information based on the status information (Wang: Para. 62-63; first device generates the third information based on the second information; third information specific to the vehicle 2302 which is the follower, the third information may indicate the vehicle 2302 to change the speed to 120 km/h and keep the headway to be 1 m).
Response to Arguments
Applicant’s arguments with respect to claims 1-12 have been considered but are moot because the arguments do not apply to the references being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E LINHARDT whose telephone number is (571)272-8325. The examiner can normally be reached on M-TR, M-F: 8am-4pm.
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/L.E.L./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663
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