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 .
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.
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.
Claim(s) 1, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11904859 B2 Hirakuri; Kazuhiko et al. (hereinafter Hirakuri), in view of JP 2016057880 A TACHIBANA AKIHIDE (hereinafter Tachibana).
Regarding claim 1, Hirakuri discloses: A driving assistance device (see Hirakuri at least [col. 1, lines 45-46] a controller for controlling travel of a straddle-type vehicle) comprising:
an external environment detection sensor of a straddle-type vehicle (see Hirakuri at least [col. 3, lines 41-42] a front monitoring sensor 41);
a controller configured to control a drive source of the straddle-type vehicle to change acceleration of the straddle-type vehicle (see Hirakuri at least [col. 1, lines 45-49] a controller for controlling travel of a straddle-type vehicle, and includes a control section capable of executing cruise control in which acceleration/deceleration of the straddle-type vehicle is automatically controlled), based on:
relative information including at least one of an arrival time, a distance, or a relative speed, with respect to a predetermined position ahead or another vehicle ahead in a subject vehicle lane in which the straddle-type vehicle travels, based on information from the external environment detection sensor of the straddle-type vehicle (see Hirakuri at least [col. 6, lines 18-24] The adaptive cruise control corresponds to an example of the cruise control in which the acceleration/deceleration of the motorcycle 100 is automatically controlled without relying on an accelerating/decelerating operation by the driver, and is control that makes the motorcycle 100 travel according to the distance from the motorcycle 100 to the preceding vehicle); and
an inertial measurement sensor configured to measure a posture of the straddle-type vehicle (see Hirakuri at least [col. 6, lines 48-49] the inertial measurement unit 45 detects the lean angle of the motorcycle 100),
wherein the controller
acquires a roll angle of the straddle-type vehicle based on information detected by the inertial measurement sensor (see Hirakuri at least [col. 6, lines 48-49] the inertial measurement unit 45 detects the lean angle of the motorcycle 100), and:
does not perform acceleration control of the drive source when the roll angle is equal to or greater than a predetermined threshold roll angle (see Hirakuri at least [col. 14, lines 56-64] the control section 62 may prohibit the deceleration of the motorcycle 100, which is performed at the time point before the motorcycle 100 reaches the entry of the curved road, on the basis of the lean angle of the motorcycle 100. For example, in the case where the lean angle of the motorcycle 100 is larger than a reference angle at the time point before the motorcycle 100 reaches the entry of the curved road, the control section 62 prohibits the deceleration of the motorcycle 100) ; and
controls the drive source so as to increase the acceleration of the straddle-type vehicle when the roll angle is less than the predetermined threshold roll angle (see Hirakuri at least [col. 8, lines 49-53] the control section 62 adjusts the upper limit speed such that the upper limit speed is reduced as the inertia force index is increased. For example, the control section 62 uses the lateral acceleration of the motorcycle 100 as the inertia force index).
Hirakuri does not teach: control a drive source of the straddle-type vehicle to change acceleration of the straddle-type vehicle, based on: a travel state in another travel lane to which the straddle-type vehicle is to merge.
However, Tachibana teaches: control a drive source of the straddle-type vehicle to change acceleration of the straddle-type vehicle, based on: a travel state in another travel lane to which the straddle-type vehicle is to merge (see Tachibana at least [pg. 4, para. 5, beginning with “The accelerator actuator”] The accelerator actuator 408, the brake actuator 409, and the steering actuator 410 change the accelerator amount, the brake amount, and the steering angle of the vehicle V1 according to a command signal from the merging support unit 405, so that it does not depend on the driving operation of the driver of the vehicle V1. In addition, the travel of the vehicle is controlled so that the vehicle V1 merges between the vehicles V2 to V5 in the merge destination lane L2).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle driving assistance device disclosed by Hirakuri to include the merging destination lane travel occupancy status consideration in acceleration control of Tachibana. One of ordinary skill in the art would have been motivated to make this modification because there may be a variety of different situations occurring in the merging destination lane which must be accounted for in order to determine appropriate acceleration, as suggested by Tachibana (see Tachibana at least [pg. 7, para. 1, beginning with “According to this embodiment”] it is possible to cope with the difference in behavior of the vehicles V2 to V5 traveling on the joining destination lane L2 depending on the combination of the vehicle types, and to improve the accuracy of predicting the behavior of the vehicles V2 to V5 traveling on the joining destination lane L2).
Regarding claim 11, Hirakuri discloses: A driving assistance method of a driving assistance device including an external environment detection sensor of a straddle-type vehicle (see Hirakuri at least [col. 1, lines 59-60] a control method for controlling travel of a straddle-type vehicle and [col. 1, lines 45-46] a controller for controlling travel of a straddle-type vehicle and [col. 3, lines 41-42] a front monitoring sensor 41), and a controller configured to control a drive source of the straddle-type vehicle to change acceleration of the straddle-type vehicle (see Hirakuri at least [col. 1, lines 45-49] a controller for controlling travel of a straddle-type vehicle, and includes a control section capable of executing cruise control in which acceleration/deceleration of the straddle-type vehicle is automatically controlled), based on:
relative information including at least one of an arrival time, a distance, or a relative speed, with respect to a predetermined position ahead or another vehicle ahead in a subject vehicle lane in which the straddle-type vehicle travels, based on information from the external environment detection sensor of the straddle-type vehicle (see Hirakuri at least [col. 6, lines 18-24] The adaptive cruise control corresponds to an example of the cruise control in which the acceleration/deceleration of the motorcycle 100 is automatically controlled without relying on an accelerating/decelerating operation by the driver, and is control that makes the motorcycle 100 travel according to the distance from the motorcycle 100 to the preceding vehicle); and
an inertial measurement sensor configured to measure a posture of the straddle-type vehicle (see Hirakuri at least [col. 6, lines 48-49] the inertial measurement unit 45 detects the lean angle of the motorcycle 100),
the method comprising:
acquiring a roll angle of the straddle-type vehicle based on information detected by the inertial measurement sensor (see Hirakuri at least [col. 6, lines 48-49] the inertial measurement unit 45 detects the lean angle of the motorcycle 100), and:
not performing acceleration control of the drive source when the roll angle is equal to or greater than a predetermined threshold roll angle (see Hirakuri at least [col. 14, lines 56-64] the control section 62 may prohibit the deceleration of the motorcycle 100, which is performed at the time point before the motorcycle 100 reaches the entry of the curved road, on the basis of the lean angle of the motorcycle 100. For example, in the case where the lean angle of the motorcycle 100 is larger than a reference angle at the time point before the motorcycle 100 reaches the entry of the curved road, the control section 62 prohibits the deceleration of the motorcycle 100); and
controlling the drive source so as to increase the acceleration of the straddle-type vehicle when the roll angle is less than the predetermined threshold roll angle (see Hirakuri at least [col. 8, lines 49-53] the control section 62 adjusts the upper limit speed such that the upper limit speed is reduced as the inertia force index is increased. For example, the control section 62 uses the lateral acceleration of the motorcycle 100 as the inertia force index).
Hirakuri does not teach: change acceleration of the straddle-type vehicle based on a travel state in another travel lane to which the straddle-type vehicle is to merge.
However, Tachibana teaches: change acceleration of the straddle-type vehicle based on a travel state in another travel lane to which the straddle-type vehicle is to merge (see Tachibana at least [pg. 4, para. 5, beginning with “The accelerator actuator”] The accelerator actuator 408, the brake actuator 409, and the steering actuator 410 change the accelerator amount, the brake amount, and the steering angle of the vehicle V1 according to a command signal from the merging support unit 405, so that it does not depend on the driving operation of the driver of the vehicle V1. In addition, the travel of the vehicle is controlled so that the vehicle V1 merges between the vehicles V2 to V5 in the merge destination lane L2).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle driving assistance method disclosed by Hirakuri to include the merging destination lane travel occupancy status consideration in acceleration control of Tachibana. One of ordinary skill in the art would have been motivated to make this modification because there may be a variety of different situations occurring in the merging destination lane which must be accounted for in order to determine appropriate acceleration, as suggested by Tachibana (see Tachibana at least [pg. 7, para. 1, beginning with “According to this embodiment”] it is possible to cope with the difference in behavior of the vehicles V2 to V5 traveling on the joining destination lane L2 depending on the combination of the vehicle types, and to improve the accuracy of predicting the behavior of the vehicles V2 to V5 traveling on the joining destination lane L2).
Claim(s) 2, 6, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, and further in view of JP 2022162597 A HIGUCHI TORU et al. (hereinafter Higuchi).
Regarding claim 2, Hirakuri and Tachibana disclose: The driving assistance device according to claim 1, further comprising: a wheel speed sensor configured to detect a speed of the straddle-type vehicle (see Hirakuri at least [col. 14, lines 4-6] The control section 62 calculates the vehicle speed on the basis of the front-wheel rotational frequency sensor 43),
wherein in the controller
controls the drive source of the straddle-type vehicle using information acquired by the external environment detection sensor, the wheel speed sensor, and the inertial measurement sensor (see Hirakuri at least [col. 2, lines 53-55] an engine is mounted as a drive source capable of outputting drive power for driving a wheel of the motorcycle and [col. 7, lines 42-46] The control section 62 controls operation of each of the devices mounted on the motorcycle 100, so as to control the drive power and the braking force exerted on the motorcycle 100. In this way, the control section 62 can control the acceleration/deceleration of the motorcycle 100),
determines whether the subject vehicle lane in which the straddle-type vehicle travels is a merging lane that merges with another traveling lane or whether there is another vehicle ahead in the subject vehicle lane on the basis of the information of the external environment detection sensor (see Hirakuri at least [col. 7, line 67 - col. 8, line 4] In the case where no preceding vehicle is recognized, similar to the auto-cruise control, the acceleration/deceleration of the motorcycle 100 is controlled such that a speed of the motorcycle 100 becomes a set speed, which is set in advance and [col. 8, lines 30-31] the case where the preceding vehicle is recognized),
sets a target position on the basis of relative information including at least any one of an inter-vehicle time, an inter-vehicle distance, and a relative speed with respect to the predetermined position in the merging lane or relative information including at least any one of an inter-vehicle time, an inter-vehicle distance, and a relative speed with respect to the another vehicle in a case where the subject vehicle lane is the merging lane or a case where there is the another vehicle (see Hirakuri at least [col. 8, lines 8-15] during the adaptive cruise control, the control section 62 calculates target acceleration/deceleration, with which the distance from the motorcycle 100 to the preceding vehicle approximates the target distance, on the basis of a comparison result between the distance from the motorcycle 100 to the preceding vehicle and the target distance and on the basis of a relative speed between the motorcycle 100 and the preceding vehicle),
controls the drive source so as to change the acceleration of the straddle-type vehicle according to the determined position (see Hirakuri at least [col. 8, lines 26-29] the control section 62 calculates, as the target acceleration/deceleration, the deceleration that corresponds to the difference between the distance from the motorcycle 100 to the preceding vehicle and the target distance and [col. 9, lines 23-28] during the adaptive cruise control, the drive control section 62a controls the operation of the engine 5 when accelerating the motorcycle 100. In this way, the drive power is transmitted to the wheel such that the acceleration/deceleration of the motorcycle 100 becomes the target acceleration/deceleration).
Hirakuri and Tachibana do not teach: determines a position at which the straddle-type vehicle can merge before arriving at the target position in the another traveling lane on the basis of relative information including at least any one of an inter-vehicle time, an inter-vehicle distance, or a relative speed with respect to a preceding vehicle of the straddle-type vehicle that travels in the another traveling lane acquired from the information of the external environment detection sensor.
However, Higuchi teaches: determines a position at which the straddle-type vehicle can merge before arriving at the target position in the another traveling lane on the basis of relative information including at least any one of an inter-vehicle time, an inter-vehicle distance, or a relative speed with respect to a preceding vehicle of the straddle-type vehicle that travels in the another traveling lane acquired from the information of the external environment detection sensor (see Higuchi at least [0042] if, at the merging position, the distance between the merging vehicle VL and other main line vehicles, including the second main line vehicle VR2, is shorter than the safety distance dｓ, the merging judgment unit 102 excludes this merging position from the candidate merging positions, even if the merging position falls within the above four candidate merging positions and [0027] the merging vehicle VL completes merging with the first main line vehicle VR1 and the second main line vehicle VR2 at the end point of the merging section, i.e., the end point L2e of the merging lane L2, while maintaining a first inter-vehicle distance d1 of -d<sub>ｓ</sub> between itself and the first main line vehicle VR1. where d<sub>ｓ</sub> is the safety distance and [0020] The main lane vehicle detection unit 101 acquires position information and speed information of surrounding objects from the surrounding sensor 13).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle driving assistance device disclosed by Hirakuri and Tachibana to include the multiple vehicle distance determinations in interpreting merging conditions of Higuchi. One of ordinary skill in the art would have been motivated to make this modification because merging into another lane requires maintaining appropriate distances from all other vehicles, which may require adjusting positioning based on other vehicle relative positioning, as suggested by Higuchi (see Higuchi at least [0042] When the merging vehicle VL merges behind the first main line vehicle VR1, if the safety distance .sub.ds cannot be secured as the first inter-vehicle distance d1, the merging determination unit 102 does not include this position in the merging candidate positions).
Regarding claim 6, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2, wherein, in a case where there is a first preceding vehicle and a second preceding vehicle following the first preceding vehicle as a plurality of preceding vehicles that travel in the another traveling lane, the controller determines a mergeable second position between the first preceding vehicle and the second preceding vehicle, and controls the drive source so as to change the acceleration of the straddle-type vehicle according to the determined second position (see Tachibana at least [pg. 2, para. 3, beginning with “The merging support”] The vehicle V1 joins the vehicle V1 traveling between the vehicle (second vehicle) V2 and the vehicle (third vehicle) V3 and [pg. 2, para. 2, beginning with “Hereinafter, a merging support”] merging support means, for example, controlling the traveling of the vehicle so as to merge the vehicles between the vehicles in the merging destination lane without depending on the driving operation of the driver of the vehicle. The merge support means, for example, that a predetermined reaction force is applied to an accelerator pedal and [Fig. 1] host vehicle V1 is shown behind vehicles V2 and V3 at time T=T1 before eventually merging into lane L2 between vehicles V2 and V3).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the consideration of multiple vehicles in the adjacent lane of the traveling vehicle in the determination of merging destinations of Tachibana. One of ordinary skill in the art would have been motivated to make this modification because considering the circumstances of multiple neighboring vehicles allows for the most appropriate response when merging the host vehicle into a neighboring lane containing a plurality of other vehicles, as suggested by Tachibana (see Tachibana at least [pg. 8, para. 3, beginning with “In the present embodiment”] it is possible to improve the response to the change in the situation that occurs after measuring the vehicles V2 to V5 at the measurement point P1).
Regarding claim 9, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2, wherein the controller sets the target position at a position ahead of the preceding vehicle, and sets the target position in such a manner that a distance between the preceding vehicle and the target position increases as a speed of the preceding vehicle or the acceleration of the straddle-type vehicle increases (see Tachibana at least [pg. 5, para. 3, beginning with “On the other hand”] when the vehicle is accelerating as in the situation of symbol G, the predicted inter-vehicle distances D .sub.23 to D .sub.45 at the junction P2 with respect to the inter-vehicle distances d .sub.23 to d .sub.45 at the measurement point P1 tend to increase and [pg. 2, para. 3, beginning with “The merging support”] The vehicle V1 joins the vehicle V1 traveling between the vehicle (second vehicle) V2 and the vehicle (third vehicle) V3 following the vehicle V2 with respect to the vehicle V1 traveling toward the merge point P2).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the passing of preceding vehicles in the adjacent lane of the traveling vehicle and the adaptive target separation distances of Tachibana. One of ordinary skill in the art would have been motivated to make this modification because considering the circumstances of multiple neighboring vehicles allows for the most appropriate response when merging the host vehicle into a neighboring lane containing a plurality of other vehicles, as suggested by Tachibana (see Tachibana at least [pg. 8, para. 3, beginning with “In the present embodiment”] it is possible to improve the response to the change in the situation that occurs after measuring the vehicles V2 to V5 at the measurement point P1).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of JP H1139599 A INOUE HIDEAKI (hereinafter Inoue).
Regarding claim 3, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2.
Hirakuri, Tachibana, and Higuchi do not teach: wherein the controller compares the inter-vehicle time of the preceding vehicle with a predetermined time, and sets the acceleration in a case where the inter-vehicle time is shorter than the predetermined time lower than the acceleration set in a case where the inter-vehicle time is longer than the predetermined time.
However, Inoue teaches: wherein the controller compares the inter-vehicle time of the preceding vehicle with a predetermined time (see Inoue at least [pg. 13, para. 12, beginning with “It is to be noted”] the inter-vehicle distance D between the merged main line vehicle C2 and an arbitrary merged vehicle C5 is shorter than a predetermined reference inter-vehicle time t .sub.H), and
sets the acceleration in a case where the inter-vehicle time is shorter than the predetermined time lower than the acceleration set in a case where the inter-vehicle time is longer than the predetermined time (see Inoue at least [pg. 13, para. 12, beginning with “It is to be noted”] It is to be noted that the inter-vehicle distance D between the merged main line vehicle C2 and an arbitrary merged vehicle C5 is shorter than a predetermined reference inter-vehicle time t .sub.H and longer than half the reference inter-vehicle time t .sub.H t .sub.H / 2. When C2 is located behind any merging vehicle C5, the merging vehicle C5 keeps running at the first acceleration α1, and the main merging vehicle C2 temporarily decelerates).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the consideration of inter-vehicle timing in acceleration controls of Inoue. One of ordinary skill in the art would have been motivated to make this modification because maneuvering vehicles based on the inter-vehicle timing allows for appropriate spacing once the merging is performed, as suggested by Inoue (see Inoue at least [pg. 13, para. 12, beginning with “It is to be noted”] Is performed so that the traveling position of the merged main line vehicle C2 when the required time Ta has elapsed is rearward in the main line vehicle traveling direction by a distance t .sub.H / 2 which is half the reference inter-vehicle time t .sub.H.).
Regarding claim 4, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2.
Hirakuri, Tachibana, and Higuchi do not teach: wherein the controller controls the drive source by changing a setting in such a manner that the acceleration of the straddle-type vehicle increases as the inter-vehicle time increases.
However, Inoue teaches: wherein the controller controls the drive source by changing a setting in such a manner that the acceleration of the straddle-type vehicle increases as the inter-vehicle time increases (see Inoue at least [pg. 13, para. 12, beginning with “It is to be noted”] It is to be noted that the inter-vehicle distance D between the merged main line vehicle C2 and an arbitrary merged vehicle C5 is shorter than a predetermined reference inter-vehicle time t .sub.H and longer than half the reference inter-vehicle time t .sub.H t .sub.H / 2. When C2 is located behind any merging vehicle C5, the merging vehicle C5 keeps running at the first acceleration α1, and the main merging vehicle C2 temporarily decelerates and [pg. 13, para. 5, beginning with “That is, the inter-vehicle”] the inter-vehicle distance D, which is the longitudinal distance between the main merging vehicle C2 and the arbitrary merging vehicle C5, is longer than the predetermined reference inter-vehicle time t .sub.H , and the merging main road vehicle C2 and the arbitrary merging vehicle C5 When the vehicle is sufficiently far away, the merging vehicle C5 is maintained at a constant acceleration at the first acceleration α1, and the merged main line vehicle C2 is maintained at the current traveling).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the consideration of inter-vehicle timing in acceleration controls of Inoue. One of ordinary skill in the art would have been motivated to make this modification because maneuvering vehicles based on the inter-vehicle timing allows for appropriate spacing once the merging is performed, as suggested by Inoue (see Inoue at least [pg. 13, para. 12, beginning with “It is to be noted”] Is performed so that the traveling position of the merged main line vehicle C2 when the required time Ta has elapsed is rearward in the main line vehicle traveling direction by a distance t .sub.H / 2 which is half the reference inter-vehicle time t .sub.H.).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of US 20240071223 A1 OYAMA; Hajime et al. (hereinafter Oyama).
Regarding claim 5, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2.
Hirakuri, Tachibana, and Higuchi do not teach: wherein the controller controls a braking means of the straddle-type vehicle so as to decelerate the straddle-type vehicle in a case where it is not possible to merge with the another traveling lane before the target position.
However, Oyama teaches: wherein the controller controls a braking means of the straddle-type vehicle so as to decelerate the straddle-type vehicle in a case where it is not possible to merge with the another traveling lane before the target position (see Oyama at least [0060] The automobile 7 may... decelerate and stop by an operation of a braking device and [0236] In a case that the first automobile 8 cannot execute the merging into the main road, the first automobile 8 on the merging-side will travel until the end part of the merging section of the merging road, and decelerates and stops at the end part of the merging section).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the deceleration of the vehicle in response to difficulty merging of Oyama. One of ordinary skill in the art would have been motivated to make this modification because decreasing the speed of the vehicle increases the time available to seek an opportunity to merge, as suggested by Oyama (see Oyama at least [0244] By continuing the travelling at the minimum speed, the own automobile on the merging-side can travel in the merging section taking as long time as possible, and it is expected that opportunity to travel so as to merge into the main road will increase).
Claim(s) 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of US 12415530 B2 Chiba; Ryoichi (hereinafter Chiba).
Regarding claim 7, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2.
Hirakuri, Tachibana, and Higuchi do not teach: wherein the controller controls the drive source in a case where a blinker operation is input and a change in posture of the straddle-type vehicle that merges from the subject vehicle lane with another traveling lane is measured exceeding a threshold on the basis of the information of the inertial measurement sensor.
However, Chiba teaches: wherein the controller controls the drive source in a case where a blinker operation is input and a change in posture of the straddle-type vehicle that merges from the subject vehicle lane with another traveling lane is measured exceeding a threshold on the basis of the information of the inertial measurement sensor (see Chiba at least [claim 1] in response to satisfying the first extraction condition, the vehicle conducts a lane change from a first lane to a second lane while running forward on a road that is formed in a curved shape by controlling the drive source of the vehicle and [col. 13, lines 8-15] make a determination as to whether... an absolute value of the maximum value of the yaw rate is at least a second threshold value, the turn signal lever being switched from a non-operation state to an operation state and [col. 3, line 19] The yaw rate sensor 35 detects yaw rates of the vehicle 30).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the yaw rate and turn indicator inputs in lane-changing determination of Chiba. One of ordinary skill in the art would have been motivated to make this modification because information such as blinker status and high magnitude yaw rate values indicate that a vehicle is likely to change from one lane into another, as suggested by Chiba (see Chiba at least [col. 10, lines 4-8] when the absolute value of the maximum value Ymax of the yaw rate of the vehicle 30 is the second threshold value or greater, there is a high probability that the vehicle 30 is performing a lane change).
Regarding claim 8, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 7, wherein information indicating the change in posture of the straddle-type vehicle includes a yaw rate or a roll rate of the straddle-type vehicle acquired on the basis of a measurement result of the inertial measurement sensor (see Chiba at least [col. 13, lines 8-15] make a determination as to whether... an absolute value of the maximum value of the yaw rate is at least a second threshold value and [col. 3, line 19] The yaw rate sensor 35 detects yaw rates of the vehicle 30), and
the controller controls the drive source in a case where the yaw rate or the roll rate exceeds the threshold (see Chiba at least [claim 1] in response to satisfying the first extraction condition, the vehicle conducts a lane change from a first lane to a second lane while running forward on a road that is formed in a curved shape by controlling the drive source of the vehicle).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, Higuchi, and Chiba to include the yaw rate and turn indicator inputs in lane-changing determination of Chiba. One of ordinary skill in the art would have been motivated to make this modification because information such as blinker status and high magnitude yaw rate values indicate that a vehicle is likely to change from one lane into another, as suggested by Chiba (see Chiba at least [col. 10, lines 4-8] when the absolute value of the maximum value Ymax of the yaw rate of the vehicle 30 is the second threshold value or greater, there is a high probability that the vehicle 30 is performing a lane change).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of US 20180253976 A1 Inam; Rafia et al. (hereinafter Inam).
Regarding claim 10, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 2,
sets the target position in such a manner that a distance between the head preceding vehicle and the target position increases as a speed of the head preceding vehicle or the acceleration of the straddle-type vehicle increases (see Tachibana at least [pg. 5, para. 3, beginning with “On the other hand”] when the vehicle is accelerating as in the situation of symbol G, the predicted inter-vehicle distances D .sub.23 to D .sub.45 at the junction P2 with respect to the inter-vehicle distances d .sub.23 to d .sub.45 at the measurement point P1 tend to increase and [pg. 2, para. 3, beginning with “The merging support”] The vehicle V1 joins the vehicle V1 traveling between the vehicle (second vehicle) V2 and the vehicle (third vehicle) V3 following the vehicle V2 with respect to the vehicle V1 traveling toward the merge point P2).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the passing of preceding vehicles in the adjacent lane of the traveling vehicle and the adaptive target separation distances of Tachibana. One of ordinary skill in the art would have been motivated to make this modification because considering the circumstances of multiple neighboring vehicles allows for the most appropriate response when merging the host vehicle into a neighboring lane containing a plurality of other vehicles, as suggested by Tachibana (see Tachibana at least [pg. 8, para. 3, beginning with “In the present embodiment”] it is possible to improve the response to the change in the situation that occurs after measuring the vehicles V2 to V5 at the measurement point P1).
Hirakuri, Tachibana, and Higuchi do not teach: wherein, in a case where there is a plurality of preceding vehicles, the controller sets the target position at a position ahead of a head preceding vehicle located at the head of the plurality of preceding vehicles.
However, Inam teaches: wherein, in a case where there is a plurality of preceding vehicles, the controller sets the target position at a position ahead of a head preceding vehicle located at the head of the plurality of preceding vehicles (see Inam at least [0052] When the vehicle platoon 120 occupies a section of a road, an approaching vehicle such as the first vehicle 111 may be willing to overtake the vehicle platoon and [0108] Once the first vehicle 111 has overtaken all the vehicles in the vehicle platoon 120, in this action, the communication device 150 may obtain a sixth indication, that an overtaking of the vehicle platoon 120 by the first vehicle 111 is complete).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the determination of the host vehicle to merge in front of a group of vehicles of Inam. One of ordinary skill in the art would have been motivated to make this modification because thoughtfully passing to the front of a group of vehicles can be safest for the host vehicle, as suggested by Inam (see Inam at least [0017] By the communication device determining whether to allow the first vehicle to overtake the vehicle platoon based on the obtained information about the first vehicle, and providing the first indication based on the result of the determining, the communication device is able to ensure a safe overtake of the platoon by the first vehicle in a safe manner).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of JP 4735345 B2 Chitaro Ito et al. (hereinafter Ito).
Regarding claim 12¸ Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 1.
Hirakuri, Tachibana, and Higuchi do not teach: wherein the controller controls the drive source so as to increase the acceleration of the straddle-type vehicle as the roll angle decreases, when the roll angle is less than the predetermined threshold roll angle.
However, Ito teaches: wherein the controller controls the drive source so as to increase the acceleration of the straddle-type vehicle as the roll angle decreases, when the roll angle is less than the predetermined threshold roll angle (see Ito at least [pg. 4, para. 3, beginning with “(4) In addition to the”] A drive device that drives at least a part of the vehicle, and the roll angle-corresponding pitch angle control unit controls the longitudinal acceleration of the vehicle by controlling at least one of the braking device and the drive device. Any one of the items (1) to (3), including a longitudinal acceleration-dependent pitch angle control unit that controls to control the pitch angle of the vehicle body to a value corresponding to the roll angle acquired by the roll angle acquisition unit. The vehicle body posture control device described in 1).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle driving assistance device disclosed by Hirakuri, Tachibana, and Higuchi to include the roll angle and acceleration correlation of Ito. One of ordinary skill in the art would have been motivated to make this modification because acceleration control informed by roll angle parameters creates a more comfortable riding experience by avoiding uncomfortable pitching of the vehicle, as suggested by Ito (see Ito at least [pg. 6, para. 4, beginning with “Centrifugal force”] it is desirable to control the pitching with a better riding comfort by the longitudinal acceleration-dependent pitching control unit).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of CN 102436763 A YAMADA, KOICHI et al. (hereinafter Yamada).
Regarding claim 13, Hirakuri, Tachibana, and Higuchi disclose: The driving assistance device according to claim 1.
Hirakuri, Tachibana, and Higuchi do not teach: wherein the controller sets a target position representing an upper limit for completing merging, the target position being based on an adjusted inter-vehicle time obtained by multiplying the inter-vehicle time by a coefficient α (0<α<1).
However, Yamada teaches: wherein the controller sets a target position representing an upper limit for completing merging, the target position being based on an adjusted inter-vehicle time obtained by multiplying the inter-vehicle time by a coefficient α (0<α<1) (see Yamada at least [0039] when the vehicle M to be from the merge lane 32 into the main lane 31 to lane 31a, based on the image taken by the forward recognition camera 1 and right identification camera 3 of, based on running on the lane 31a on each vehicle between calculated vehicle Ni, N2. the inserting space 49 of the actual distance L represents the margin of the back space factor (such as 0.8) is multiplied with the inter-vehicle distance lane each vehicle 31a on which is set through).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle control device disclosed by Hirakuri, Tachibana, and Higuchi to include the scaling of the inter-vehicle timing of Yamada. One of ordinary skill in the art would have been motivated to make this modification because applying a scalar to the inter-vehicle measurement allows the vehicle to determine a vehicle insertion spacing into the lane that properly accounts for the actual distance of vehicles, as suggested by Yamada (see Yamada at least [0038] calculating the vehicle Ni driving in the right lane (FIG. 6 of lane 31a, lanes 7 in FIG. 31b) is, N2 (not shown in FIG. 7 for vehicle N3, N4) between the front and back direction of the insertion space 49 formed of actual distance L. and although in FIG. 7 and FIG. 6, between the vehicle can conveniently insert the described insertion space 49, but actually calculating the insert space between all of the vehicle).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirakuri, in view of Tachibana, further in view of Higuchi, and further in view of US 20230242100 A1 Pfau; Lars (hereinafter Pfau).
Regarding claim 13¸ Hirakuri, Tachibana, Higuchi, and Yamada disclose: The driving assistance device according to claim 13.
Hirakuri, Tachibana, Higuchi, and Yamada do not teach: wherein the controller sets the inter-vehicle time based on at least a relative position of a wall surface of the subject vehicle lane with respect to the straddle-type vehicle.
However, Pfau teaches: wherein the controller sets the inter-vehicle time based on at least a relative position of a wall surface of the subject vehicle lane with respect to the straddle-type vehicle (see Pfau at least [0032] the target T1 may be a road facility (for example, a guardrail, a curbstone, a lane boundary line, or the like), and, as the left target information, information on the relative distance D201 of the straddle-type vehicle 100 to the road facility may be acquired).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motorcycle control device disclosed by Hirakuri, Tachibana, Higuchi, and Yamada to include the consideration of environmental physical constraints such as a median barrier in distancing determinations of Pfau. One of ordinary skill in the art would have been motivated to make this modification because adjusting distancing parameters based on actual environmental configurations increases the likelihood of avoiding collisions through proper distancing calculations, as suggested by Pfau (see Pfau at least [0038] In order for the straddle-type vehicle 100 to automatically avoid the collision, in the frontal collision suppression operation, the behavior controller 30 may control the various mechanisms (for example, the brake, the engine, and the like) . The execution section 23 acquires information on the target located ahead (for example, a relative distance, a relative speed, relative acceleration, and the like to the straddle-type vehicle 100) on the basis of the output of the surrounding environment detector 11a, and determines the collision possibility).
Response to Arguments
Applicant's arguments filed 03/24/2026 have been fully considered.
Applicant's amendments overcome the objections to the claims.
Regarding the arguments provided for the 35 U.S.C. §103 rejections of claims 1-11 and new claims 12-14 (remarks pages 7-15), the applicant's arguments have been considered but are moot because of new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230282108 A1 KOMIYAMA; Yoshiyuki discloses adjusting acceleration controls and considering other vehicle timing in determining merging point
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.
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/ELLE ROSE KNUDSON/Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
9/9/26
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