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 .
Response to Arguments
Regarding the previous claim objections, the previous claim objections are withdrawn in light of the present claim amendments.
Regarding the previous 35 USC 112(a) rejections, the previous 35 USC 112(a) rejections are withdrawn in light of the present claim amendments clarifying that the lane change is from the first lane to the second lane and a goal position in the second lane.
Regarding the previous 35 USC 112(b) rejections, the previous 35 USC 112(b) rejections are withdrawn in light of the present claim amendments clarifying that the lane change is from the first lane to the second lane and a goal position in the second lane.
Regarding the previous 35 USC 101 rejections, the previous 35 USC 101 rejections are withdrawn in light of the present claim amendments including the processor is configured to…execute a lane change of the vehicle via autonomous driving in accordance with the confirmation display.
Regarding the previous Double Patenting rejection, Applicant’s arguments have been fully considered but are moot because of the new ground of rejection necessitated by present claim amendments.
Regarding the previous 35 USC 103 rejection, Applicant’s arguments have been fully considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior art rejection of record challenged in the arguments and in light of the updated mapping necessitated by the present claim amendments.
Claim Objections
Claim 3 is objected to because of the following informalities: it appears a goal position should recite the goal position because a goal position was previously introduced in claim 1. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: a third confirmation display, a first confirmation display, and a second confirmation display should recite the third confirmation display, the first confirmation display, and the second confirmation display because claim 4 appears dependent upon claim 3. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12168437 in view of CN105976641A (Cranestever). Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar limitations and subject matter.
Regarding claim 1, Claims 1-17 of U.S. Patent No. 12168437 disclose A display device for a vehicle, comprising;
a display section provided in a cabin of a vehicle (claim 1: a display section provided in a cabin of a vehicle that is capable of autonomous driving);
a memory; and a processor coupled to the memory (claim 1: one or more processors), wherein the processor is configured to:
display a lane display and a confirmation display, at the display section (claim 1: a lane display corresponding to the first lane and the second lane, and a confirmation display relating to confirmation of a condition of the second lane), and
execute a lane change of the vehicle via autonomous driving in accordance with the confirmation display (claim 1: one or more processors configured to: control the vehicle to drive at least partially autonomously),
wherein the lane display corresponds to a first lane in which the vehicle is running and a second lane that is distinct from the first lane (claim 1: before conducting a lane change by autonomous driving from a first lane in which the vehicle is running to a second lane that is distinct from the first lane, display at the display section: a lane display corresponding to the first lane and the second lane), and
wherein the confirmation display is an area-shaped graphic with a quadrilateral area-shape (claim 1: wherein the confirmation display includes an image showing a quadrilateral-shaped area and a goal position of the vehicle on the second lane after the lane change, and an area behind the goal position that encompasses an area to which the lane change is possible), and
the confirmation display depicts that the lane change from the first lane to the second lane toward a goal position in the second lane is possible (claim 1: an area behind the goal position that encompasses an area to which the lane change is possible, claim 8: third confirmation display depicting that the lane change to the goal position is possible, claim 10, claim 11).
Claims 1-17 of U.S. Patent No. 12168437 do not explicitly recite whose longest direction is in a direction of extension of the second lane and should it be found Claims 1-17 of U.S. Patent No. 12168437 does not explicitly disclose a memory, Cranestever teaches wherein the confirmation display is an area-shaped graphic with a quadrilateral area-shape whose longest direction is in a direction of extension of the second lane; memory (see at least abstract, page 8: control device 3, search system 2, stored, page 10: In FIG. 4C is shown in FIG. 4B a variant of optical symbols 11, instead only rectangular (which approximately shows the area for use in a vehicle), generating three rectangles, which indicating that the driver is safe in the situation shown in FIG. 4F on the adjacent traffic lane 12.2 shows a rectangular surface, the green light colour is marked as "safe" and furthermore has a triangular symbol points to the driving direction F of the triangular symbol informing a vehicle 7 of the driver can safely execute the lane change, claim 1: generating a value for the first vehicle (7) is transformed to the second lane (12.2) of running indication signal and according to the driving indication signal to generate light distribution on the roadway (12) by the first vehicle (7) (10'), through the light distribution (10’) notifying the first vehicle (7) whether the driver can safely realize the first vehicle (7) from the first lane (12.1) on the second lane (12.2)).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Claims 1-17 of U.S. Patent No. 12168437 by incorporating the teachings of Cranestever with a reasonable expectation of success in order to provide the driver safe vehicle assistance.
Claims 13 and 14 recite similar limitations and are rejected under the same rationale.
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.
Claim(s) 1-3, 6, 10-11, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220203834 (Nakao) in view of CN105976641A (Cranestever).
As per claim(s) 1, 13, 14, Nakao discloses a display device for a vehicle, comprising:
a display section provided in a cabin of a vehicle (see at least abstract: display);
a memory (see at least [0039]: controller 10 is a general-purpose microcomputer including a CPU (a central processing unit), a memory, and, an input/output unit); and
a processor coupled to the memory (see at [0039]: controller 10 is a general-purpose microcomputer including a CPU (a central processing unit), a memory, and, an input/output unit), wherein the processor is configured to:
display a lane display and a confirmation display, at the display section (see at least [0083]: second lane marker icon 38c corresponds to the number of lanes in the road on which the host-vehicle actually travels, [0105]: second information image 38 includes the host-vehicle icon 38a, the second lane marker icon 38c, and the surrounding vehicle icon 38d, and shows the travelling state of the vehicle around the host-vehicle 100), and
execute a lane change of the vehicle via autonomous driving in accordance with the confirmation display (see at least [0036]: autonomous lane change, [0087]: automatic lane change includes a state of a system proposal in which the automatic traveling processing unit 12…makes the proposal to the driver to perform the automatic lane change),
wherein the lane display corresponds to a first lane in which the vehicle is running and a second lane that is distinct from the first lane (see at least [0105]: second information image 38 includes the host-vehicle icon 38a, the second lane marker icon 38c, and the surrounding vehicle icon 38d, and shows the travelling state of the vehicle around the host-vehicle 100), and
the confirmation display depicts that the lane change from the first lane to the second lane toward a goal position in the second lane is possible (see at least [0064]: arrow icon 41e is an arrow for guiding the automatic lane change. The arrow icon 41e has a shape that bends in the middle from a base end side of the arrow (a lower side of the figure) to a tip side of the arrow (an upper side of the figure), [0102]: During a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C)).
Nakao does not explicitly disclose wherein the confirmation display is an area-shaped graphic with a quadrilateral area-shape whose longest direction is in a direction of extension of the second lane.
However, Cranestever teaches wherein the confirmation display is an area-shaped graphic with a quadrilateral area-shape whose longest direction is in a direction of extension of the second lane, and the confirmation display depicts that the lane change from the first lane to the second lane toward a goal position in the second lane is possible (see at least abstract, page 10: In FIG. 4C is shown in FIG. 4B a variant of optical symbols 11, instead only rectangular (which approximately shows the area for use in a vehicle), generating three rectangles, which indicating that the driver is safe in the situation shown in FIG. 4F on the adjacent traffic lane 12.2 shows a rectangular surface, the green light colour is marked as "safe" and furthermore has a triangular symbol points to the driving direction F of the triangular symbol informing a vehicle 7 of the driver can safely execute the lane change, claim 1: generating a value for the first vehicle (7) is transformed to the second lane (12.2) of running indication signal and according to the driving indication signal to generate light distribution on the roadway (12) by the first vehicle (7) (10'), through the light distribution (10’) notifying the first vehicle (7) whether the driver can safely realize the first vehicle (7) from the first lane (12.1) on the second lane (12.2)).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Cranestever with a reasonable expectation of success in order to provide the driver improved vehicle assistance.
As per claim 2, Nakao discloses wherein the confirmation display is a third confirmation display, and the processor is configured to display at least one a first confirmation display, or a second confirmation display, at the display section, regardless of whether or not another vehicle that is distinct from the vehicle is present in the second lane (see at least [0064]: arrow icon 41e is an arrow for guiding the automatic lane change. The arrow icon 41e has a shape that bends in the middle from a base end side of the arrow (a lower side of the figure) to a tip side of the arrow (an upper side of the figure), [0078]: surrounding vehicle icon 38d is a figure showing a surrounding vehicle traveling around the host-vehicle. The surrounding vehicle includes the preceding vehicle, and an adjacent vehicle traveling on the adjacent lane, [0102]: first information image 41 and the second information image 38 are mainly composed of contents indicating the travelling state (FIG. 5A). During a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C), Fig. 5A-E, Fig. 6A-E).
As per claim 3, Nakao discloses wherein the confirmation display is a third confirmation display, and the processor is configured to, after displaying a first confirmation display, display a second confirmation display at the display section, the second confirmation display depicting a goal position of the vehicle after the lane change (see at least [0079]: surroundings of the host-vehicle include each of a space in a forward direction of the host-vehicle, spaces in left and right lateral directions of the host-vehicle, and a space in a backward direction of the host-vehicle, [0102]: During a process up to the timing ta1, the first information image 41 and the second information image 38 are mainly composed of contents indicating the travelling state (FIG. 5A). During a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C). During a process from the timing ta3 to before the timing ta4, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the automatic lane change is performed (FIG. 5D)).
As per claim 6, Nakao discloses wherein the processor is configured to, after display a second confirmation display, display the confirmation display which is a third confirmation display, at the display section (see at least [0102]: first information image 41 and the second information image 38 are mainly composed of contents indicating the travelling state (FIG. 5A). During a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C), Fig. 5A-E, Fig. 6A-E).
As per claim 10, Nakao discloses wherein the processor is configured to, when the vehicle is conducting the lane change to the second lane after displaying the at least one of a first confirmation display, a second confirmation display, and the confirmation display which is a third confirmation display, delete the at least one of the first confirmation display, the second confirmation display, and the third confirmation display, and display an execution display at the display section when the vehicle is conducting the lane change to the second lane (see at least [0102]: During a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C). During a process from the timing ta3 to before the timing ta4, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the automatic lane change is performed (FIG. 5D), [0115]: unit completes the automatic lane change to the second lane L2 (a timing tb4)).
As per claim 11, Nakao discloses wherein the display section is at least one of:
an instrument display of an instrument display apparatus provided at an instrument panel to a vehicle front of a driver seat, or a projection screen at a vehicle upper side of the instrument display, the projection screen being projected onto by a head-up display device (see at least abstract, [0035]: automatic driving, [0050]-[0052]: meter display 35 is arranged to the meter unit 5, [0054]-[0055]: head-up display 40 is arranged in the instrument panel 3, [0056]: Referring to FIG. 3, the first information image 41 displayed on the head-up display 40, and the second information image 38 displayed on the meter display 35).
Claim(s) 4, 5, 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakao in view of Cranestever, and further in view of US 20200079379 (“Mimura”).
As per claim 4, Nakao discloses wherein the confirmation display is a third confirmation display, and the processor is configured to, after displaying a first confirmation display, display a second confirmation display at the display section (see at least [0079]: surroundings of the host-vehicle include each of a space in a forward direction of the host-vehicle, spaces in left and right lateral directions of the host-vehicle, and a space in a backward direction of the host-vehicle, [0102]: during a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C), [0108]: Fig. 5B…character string “Confirm the safety” indicates the contents for proposing the safety confirmation to the driver).
Nakao does not explicitly disclose the processor is configured to, after displaying a first confirmation display, display a second confirmation display at the display section based on a determination result when acquiring the determination result that the lane change to the goal position is possible by a determination based on vicinity information.
However, Mimura teaches the processor is configured to, after displaying a first confirmation display, display a second confirmation display at the display section based on a determination result when acquiring the determination result that the lane change to the goal position is possible by a determination based on vicinity information (see at least [0040]: an object recognizing device 16, [0106]: FIG. 10 is a diagram illustrating one example of an image IM2 displayed on the second display 32B in the state of the subject vehicle M illustrated in FIG. 9. In the example illustrated in FIG. 9, the target trajectory generator 144 sets a lane change target position TAs in a section between other vehicles m2 and m3 and determines whether or not a lane change can be performed on the basis of relative positions and relative speeds between the other vehicles m2 and m3 and the subject vehicle M, [0107]: FIGS. 11 and 12 illustrate a state in which the target trajectory generator 144 sets a lane change target position TAs in a section between other vehicles m3 and m4 and determines whether or not a lane change can be performed on the basis of relative positions and relative speeds between the other vehicles m3 and m4 and the subject vehicle M, and it is determined that a lane change can be performed, and the lane change is started, [0111]: FIG. 13 is a diagram illustrating a state of the vicinity of a subject vehicle M at a time t3 in the first situation together with an image generated by the HMI controller 174. FIG. 14 is a diagram illustrating one example of an image IM4 displayed on the second display 32B in the state of the subject vehicle M illustrated in FIG. 13. The examples illustrated in FIGS. 13 and 14 illustrate a state in which the subject vehicle M has completed a lane change from a lane L1 to a lane L2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Mimura with a reasonable expectation of success in order to allow an occupant to visually recognize a driving assist state from displayed content and provide a more secure feeling to vehicle occupants.
As per claim 5, Nakao discloses wherein the processor is configured to display another vehicle display superposed with the lane display at the section, the other vehicle display corresponding to another vehicle that is distinct from the vehicle in the second lane (see at least [0121]: second information image 38 includes the host-vehicle icon 38a, the second lane marker icon 38c, and the surrounding vehicle icon 38d, and shows the travelling state of the vehicle around the host-vehicle 100).
Nakao does not explicitly show a second confirmation display being displayed at a position that does not overlap with a front side or a rear side of the other vehicle display.
However, Mimura teaches wherein the processor is configured to display another vehicle display superposed with the lane display at the section, the other vehicle display corresponding to another vehicle that is distinct from the vehicle in the second lane (see at least [0101]: HMI controller 174 may display an object image representing that the subject vehicle M is following the lock-on vehicle (hereinafter referred to as a lock-on-representing image LO) at a position associated with the lock-on vehicle (for example, near the lock-on vehicle), [0107]: FIG. 12 is a diagram illustrating one example of an image IM3 displayed on the second display 32B in the state of the subject vehicle M).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Mimura with a reasonable expectation of success in order to allow an occupant to visually recognize a driving assist state from displayed content and provide a more secure feeling to vehicle occupants.
As per claim 7, Nakao discloses wherein the processor is configured to, after displaying the second confirmation display, acquire vicinity information including a condition of the second lane, and display the third confirmation display at the display section based on a determination result when acquiring the determination result that the lane change to the goal position is possible by a determination based on the vicinity information (see at least [0079]: surroundings of the host-vehicle include each of a space in a forward direction of the host-vehicle, spaces in left and right lateral directions of the host-vehicle, and a space in a backward direction of the host-vehicle, [0102]: during a process from the timing ta1 to before the timing ta2, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B). During a process from the timing ta2 to before the timing ta3, the first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents indicating that the driver's consent for the automatic lane change is received (FIG. 5C), [0108]: Fig. 5B…character string “Confirm the safety” indicates the contents for proposing the safety confirmation to the driver).
Should it be found that Nakao does not explicitly disclose wherein the processor is configured to, after displaying the second confirmation display, acquire vicinity information including a condition of the second lane, and display the third confirmation display at the display section based on a determination result when acquiring the determination result that the lane change to the goal position is possible by a determination based on the vicinity information,
Mimura teaches wherein the processor is configured to, after displaying the second confirmation display, acquire vicinity information including a condition of the second lane (see at least [0040]: an object recognizing device 16, [0106]: FIG. 10 is a diagram illustrating one example of an image IM2 displayed on the second display 32B in the state of the subject vehicle M illustrated in FIG. 9. In the example illustrated in FIG. 9, the target trajectory generator 144 sets a lane change target position TAs in a section between other vehicles m2 and m3 and determines whether or not a lane change can be performed on the basis of relative positions and relative speeds between the other vehicles m2 and m3 and the subject vehicle M, [0107]: determines whether or not a lane change can be performed on the basis of relative positions and relative speeds between the other vehicles m3 and m4 and the subject vehicle M, [0108]: HMI controller 174 displays an image resembling a vehicle m3 that is a following target vehicle after the lane change with more emphasis than the other vehicles m1, m2, m4, and m5 as a first image), and
display the third confirmation display at the display section based on a determination result when acquiring the determination result that the lane change to the goal position is possible by a determination based on the vicinity information (see at least [0107]: FIGS. 11 and 12 illustrate a state in which the target trajectory generator 144 sets a lane change target position TAs in a section between other vehicles m3 and m4 and determines whether or not a lane change can be performed on the basis of relative positions and relative speeds between the other vehicles m3 and m4 and the subject vehicle M, and it is determined that a lane change can be performed, and the lane change is started., [0111]: FIG. 13 is a diagram illustrating a state of the vicinity of a subject vehicle M at a time t3 in the first situation together with an image generated by the HMI controller 174. FIG. 14 is a diagram illustrating one example of an image IM4 displayed on the second display 32B in the state of the subject vehicle M illustrated in FIG. 13. The examples illustrated in FIGS. 13 and 14 illustrate a state in which the subject vehicle M has completed a lane change from a lane L1 to a lane L2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Mimura with a reasonable expectation of success in order to allow an occupant to visually recognize a driving assist state from displayed content and provide a more secure feeling to vehicle occupants.
As per claim 9, Nakao does not explicitly disclose wherein the processor is configured to: display a second confirmation display at the display section as a line-shaped graphic extending in a road width direction on the lane display corresponding to the second lane.
However, Mimura teaches wherein the processor is configured to: display a second confirmation display at the display section as a line-shaped graphic extending in a road width direction on the lane display corresponding to the second lane (see at least abstract, [0108]: HMI controller 174 displays a lock-on-representing image LO and a following-representing image FO at a position associated with an image resembling the other vehicle m3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Mimura with a reasonable expectation of success in order to allow an occupant to visually recognize a driving assist state from displayed content and provide a more secure feeling to vehicle occupants.
Claim(s) 8, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakao in view of Cranestever, and further in view of US 20210146943 (“Oniwa”).
As per claim 8, Nakao discloses the third confirmation display has a visual shape (see at least [0102], Fig. 5A-E, Fig. 6A-E), but does not explicitly disclose wherein each of the second confirmation display and the third confirmation display has a different visual shape from each other.
However, Oniwa teaches wherein each of the second confirmation display and the third confirmation display has a different visual shape from each other (see at least [0181]: FIG. 16, the image 604 is a figure showing a course change direction of the host vehicle M in a road width direction, [0186]: HMI controller 120 changes the future trajectory image 602 displayed in the surroundings detection information display area 600-5 in a direction corresponding to the course change direction at a timing synchronized with the second timing).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Oniwa with a reasonable expectation of success in order for the occupant to intuitively ascertain change in behavior of the vehicle.
As per claim(s) 12, Nakao discloses a lane change representing image moving towards the second lane (see at least [0102]: first information image 41 and the second information image 38 are mainly composed of the contents indicating the travelling state, and contents for proposing the automatic lane change to the driver (FIG. 5B)) but does not explicitly disclose wherein the processor is configured to display a first confirmation display which is a display in which a convex shape toward the second lane is viewed as moving toward the second lane from the first lane.
However, Oniwa teaches wherein the processor is configured to display a first confirmation display which is a display in which a convex shape toward the second lane is viewed as moving toward the second lane from the first lane (see at least [0180]: HMI controller 120 causes, for example, an image 604 showing a direction in which the host vehicle M changes lanes to be displayed in a surroundings detection information display area 600-4 of the third screen IM3-4, in addition to content displayed in the surroundings detection information display area 600-3, [0208]: Fig. 22…HMI controller 120 causes a surroundings detection image 610A indicating that the driving assistance at the third level is being executed to be displayed in a surroundings detection information display area 600-7…surroundings detection image 610 is an image showing that the surroundings of the host vehicle M are being monitored… surroundings detection image 610 is, for example, an animation (moving image) in which ripples spread from a center of the host vehicle M to the outside).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Nakao by incorporating the teachings of Oniwa with a reasonable expectation of success in order show that the surroundings of the host vehicle are being monitored for user convenience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20140297181 (“Kondo”) discloses a goal position (see at least [0029]: object data indicate objects present on the roads or around the roads, [0030]: camera 44 is an image sensor that captures a front image ahead of the vehicle C, [0047]: FIG. 4B and FIG. 4C, in the pre-start state and post-start state of the lane change state, [0061]: control unit 20 identifies the image of a recommended lane in which the vehicle C should travel in the front image (S110), [0069]: When it is determined that the vehicle C is in the post-start state, with the use of the function of the display control unit 21e, the control unit 20 sets the front end point FE and the rear end point BE (S170, FIG. 4C) as in the case of the pre-start state (S150), [0072]: control unit 20 may determine whether the vehicle C is in the lane change state on the basis of determination elements, such as a state of the driver, an operation state of the vehicle C, a driving operation state of the vehicle C and a state of a surrounding environment).
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668
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