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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01November2024 is being considered by the examiner.
Status of Claims
Pending
1-20
Objections
2, and 6
101
1-11, 15-16, and 20
102
1-5, 9, 15-18, and 20
103
6-8, 10, 12-14, 19
Claim Objections
Claim(s) 2 objected to because of the following informalities: The limitation "the acquired information" should read "the acquired information about the lane" for the purpose of clarity and consistency. Appropriate correction is required.
Claim(s) 6 objected to because of the following informalities: The limitation "Aquire" should read "Acquire" for the purpose of clarity and consistency. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11, 15-16, and 20 are rejected under 35 USC § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claim(s) 1 which is directed towards a compositions of matter, and claim 16 which is directed towards a process, which is one of the statutory categories of invention.
Step 2a Prong 1
Regarding claim 1 and 16, the claim recites, in part, limitations that constitute a “mental process”. The limitations of selecting, determining, and generating, when read in light of the specification, are mental processes capable of being performed in the human mind, which have been identified as being abstract ideas (MPEP 2106.04(a)(2)).
Claims 2-11, 15, and 20 depend from claim 1 and 16, do not remedy any of the deficiencies of claim 1 and 16, and therefore are rejected on the same grounds as claim 1 and 16 above.
Step 2a Prong 2
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a generic computing component(s) or automations to perform both the generic computing functions in the claim(s). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2b
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional limitations of using generic computer components and automations amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components and automations cannot provide an inventive concept.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 9, 15-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang US 20210118286.
Jiang discloses,
Claim 1 and 16; A system for controlling a vehicle, the system comprising: a vehicle configured to acquire information about driving([0006] Discloses several target vehicles and choosing a vehicle from the target number of vehicles), first information about a preceding vehicle, second information about a following vehicle, and third information about a surrounding vehicle([0010] Discloses a distance between an associated vehicle of an adjacent lane and the target vehicle, the associated vehicle including a vehicle located in an adjacent lane of an identical direction of the target vehicle, having a closest distance from the target vehicle and falling behind the target vehicle); and a server(105) configured to: acquire traffic information ahead of the vehicle([0036] The server 105 may be a server providing various services, for example, a backend server providing support for traffic information of a specific road section displayed on the terminal devices 101, 102 and 103); calculate a danger prediction result by inputting the traffic information, the first information, and the second information into a danger prediction model([0063] Alternatively, in response to determining a closest distance between the driving routes of the two vehicles being less than a preset safety threshold, the above executing body may determine that there is a collision possibility between the two vehicles, [0084] Discloses using a intelligent driver model); determine an operation for coping with a danger based on at least one of the traffic information, the danger prediction result, the information about the driving, the first information, the second information, the third information, road information, or any combination thereof([0064] a brake reaction distance of the target vehicle is determined based on the initial state information of the target vehicle, [0061] to [0063] discloses the information about the driving); and transmit information about the operation for coping with the danger to the vehicle([0035] The terminal devices 101, 102 and 103 may be hardware or software, [0036] The server 105 may be a server providing various services, for example, a backend server providing support for traffic information of a specific road section displayed on the terminal devices 101, 102 and 103. The backend server may perform processing such as an analysis on received road network structure information and received vehicle information, and feedback the processing result (e.g., updated vehicle information) to the terminal devices).
Claim 2; Wherein the vehicle is configured to acquire information about a lane on which the vehicle is driving([0074] The vehicle detects vehicles in the same lane which means the vehicle can acquire information about a lane the vehicle is on), and the information about the driving, which includes a speed of the vehicle([0074] also discloses multiple distances as well as speed of the vehicle as well as the speed of the vehicle detected), and is configured to transmit the acquired information to the server([0083] discloses how the vehicle communicates with server 302).
Claim 3; Wherein the vehicle is configured to acquire the first information including a speed of the preceding vehicle, which drives ahead of the vehicle, on a lane the same as the lane on which the vehicle is driving([0074] The above brake safety distance is used to indicate that the following vehicle maintains a speed, and when the speed of the front vehicle drops to 0, no collision occurs during the safety time), and a distance from the vehicle to the preceding vehicle([0074] the distance from the front vehicle in the current lane is less than ½ of the distance from a front vehicle in a target lane).
Claim 4; Wherein the vehicle is configured to acquire the second information including a speed of the preceding vehicle, which drives behind the vehicle, on a lane the same as the lane on which the vehicle is driving([0074] The above brake safety distance is used to indicate that the following vehicle maintains a speed), and a distance from the vehicle to the following vehicle, a type of the following vehicle([0074] The distance between a following vehicle in the target lane and the target vehicle along the lane direction).
Claim 5; Wherein the vehicle is configured to acquire the third information including a speed of the surrounding vehicle driving on a lane different from a lane on which the vehicle is driving([0083] server 302 may acquire the road network structure information of a road section 301 and the vehicle information of vehicles 303, 304, 305, 306 and 307 located in the road section 301, The server 302 may randomly select the vehicle 303 as the target vehicle, the server 302 may determine the reference speed at which the vehicle 303 passes a preset time step), and a distance from the vehicle to the surrounding vehicle([0084] At present, one of the existing technologies generally uses an intelligent driver model to determine the speed of the target vehicle based on the distance between the target vehicle and a related vehicle and the speeds of the target vehicle and the related vehicle, [0083] indicated that it can be any of the vehicles including an adjacent one).
Claim 9 and17; Wherein the server is configured to calculate the danger prediction result including a first index indicating a probability of traffic jam ahead of the vehicle([0018] a generating subunit, configured to generate traffic information of the target road network based on the vehicle path information in the vehicle information of the target number of vehicles, the traffic information being used to indicate a speed and a position of the vehicle in the target road network after the vehicle passes a target number of preset time steps), a second index indicating a probability of sudden braking of the preceding vehicle([0084] Discloses using a model for traffic simulation, and [0074] uses the speed and distance of the front vehicle to determine a safe braking distance, the system uses these different methods to determine the probability of needing to suddenly brake), and a third index indicating a probability of dangerous driving of the following vehicle, based on the danger prediction model([0074] the distance between a following vehicle in the target lane and the target vehicle along the lane direction is greater than the brake safety distance which is essentially determining the probability of a dangerous driver following the vehicle).
Claim 11 and 18; Wherein the server is configured to determine whether a condition allowing a lane change is satisfied, and to determine the operation for coping with the danger, based on a determination result([0074] Discloses determining that there is an adjacent accessible lane and that the lane change is an option to avoid collision).
Claim 15 and 20; Wherein the vehicle is configured to receive the operation for coping with the danger from the server, and to perform the operation for coping with the danger([0036] The backend server may perform processing such as an analysis on received road network structure information and received vehicle information, and feedback the processing result (e.g., updated vehicle information) to the terminal devices).
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) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang US 20210118286 in view of Maeda US 20210179131 .
Jiang discloses,
Claim 6; Wherein the server is configured to determine whether the following vehicle is a commercial vehicle, based on the second information([0083] Vehicle information for the vehicles along the roadway are collected, vehicle information may be real data collected for the vehicles of the road section 301, or may be preset by a technician or generated by random initialization of the server 302, the vehicle information collected could determine the vehicle is a commercial vehicle).
However, Jiang fails to disclose:
Claim 6; Configured to aquire a Digital tacho graph (DTG) data of the following vehicle, when the following vehicle is the commercial vehicle.
Claim 7; Wherein the server is configured to determine a driving tendency of a driver, based on the DTG data of the following vehicle.
Maeda teaches a similar device in the same field of advanced driving systems.
Maeda teaches,
Claim 6; Configured to aquire a Digital tacho graph (DTG) data of the following vehicle, when the following vehicle is the commercial vehicle([0019] The server 1 acquires data (e.g. vehicle behavior information (second information)) output from the digital tachograph).
Claim 7; Wherein the server is configured to determine a driving tendency of a driver, based on the DTG data of the following vehicle([0019] data (e.g. driver behavior information (first information)) output from the DSM (first device) 4 via the network NW can also include driving tendency of the driver in the commercial vehicle).
Jiang further discloses in view of Maeda,
Claim 8; Wherein the server is configured to calculate the danger prediction result by inputting the driving tendency of the driver into the danger prediction model, when the following vehicle is the commercial vehicle(The DTG as well as the driver behavior disclosed in Maeda can be input into the intelligent driver model disclosed by Jiang in [0084]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include aquire a Digital tacho graph (DTG) data of the following vehicle, when the following vehicle is the commercial vehicle as taught by Maeda, for the purpose of more easily determining the vehicle is a commercial vehicle.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the server is configured to determine a driving tendency of a driver, based on the DTG data of the following vehicle, and the server is configured to calculate the danger prediction result by inputting the driving tendency of the driver into the danger prediction model, when the following vehicle is the commercial vehicle as taught by Maeda, for the purpose of better predicting the possibility of a collision.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang US 20210118286 in view of Awad Alla US US 20210020037.
Regarding claim(s) 10, Jiang discloses the claimed invention substantially as claimed, as set forth above for claim(s) 1.
Jiang further discloses:
Claim 10; Wherein the server is configured to acquire a traffic flow of a lane on which the vehicle is driving([0018] a generating subunit, configured to generate traffic information of the target road network based on the vehicle path information in the vehicle information of the target number of vehicles, the traffic information being used to indicate a speed and a position of the vehicle in the target road network after the vehicle passes a target number of preset time steps).
However, Jiang fails to disclose:
Claim 10; Information about presence of a shoulder road, and information about presence of a variable road.
Awad Alla teaches a similar device in the same field of vehicle and roadway detection for vehicles.
Awad Alla teaches,
Claim 10; Information about presence of a shoulder road, and information about presence of a variable road([0048] Discloses detecting portions of a shoulder as well as portions under construction which can be considered a variable road).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include information about presence of a shoulder road, and information about presence of a variable road as taught by Awad Alla, for the purpose of providing different maneuver options for the vehicle.
Claim(s) 12-14, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang US 20210118286 in view of Jian US 20180239359.
Regarding claim(s) 12-14, 19, Jiang discloses the claimed invention substantially as claimed, as set forth above for claim(s) 1 and 11.
However, Jiang fails to disclose:
Claim 12 and 19; Wherein the server is configured to determine an operation for turning on a turn light to perform the lane change as the operation for coping with the danger, when the vehicle is determined as satisfying the condition for allowing the lane change.
Claim 13; Wherein the server is configured to determine an operation for allowing an emergency light to flicker and generating a horn sound as the operation for coping with the danger, when the vehicle is determined to not satisfy the condition allowing the lane change.
Claim 14; Wherein the server is configured to determine an operation for outputting information about a lane recommended for the lane change and a message for guiding the lane change to the recommended lane, as the operation for coping with the danger, when the vehicle is determined to not satisfy the condition allowing the lane change.
Jian teaches a similar device in the same field of autonomous vehicles.
Jian teaches,
Claim 12 and 19; Wherein the server is configured to determine an operation for turning on a turn light to perform the lane change as the operation for coping with the danger, when the vehicle is determined as satisfying the condition for allowing the lane change([0053] Discloses several components the vehicle control system can manipulate and one or more lights can be actuated when the conditions of Jiang are met disclosed in Jiang [0074]).
Claim 13; Wherein the server is configured to determine an operation for allowing an emergency light to flicker and generating a horn sound as the operation for coping with the danger, when the vehicle is determined to not satisfy the condition allowing the lane change([0053] Discloses several components the vehicle control system can manipulate and one or more lights can be actuated when the conditions of Jiang are not met as disclosed in Jiang [0075]).
Claim 14; Wherein the server is configured to determine an operation for outputting information about a lane recommended for the lane change and a message for guiding the lane change to the recommended lane, as the operation for coping with the danger, when the vehicle is determined to not satisfy the condition allowing the lane change([0053] Discloses several components the vehicle control system can manipulate and a display along with speakers can be actuated when the conditions of Jiang are not met as disclosed in Jiang [0075]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the server configured to determine an operation for turning on a turn light to perform the lane change as the operation for coping with the danger, when the vehicle is determined as satisfying the condition for allowing the lane change as taught by Jian, for the purpose of notifying drivers around the vehicle a lane change is occurring.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the server configured to determine an operation for allowing an emergency light to flicker and generating a horn sound as the operation for coping with the danger, when the vehicle is determined to not satisfy the condition allowing the lane change as taught by Jian, for the purpose of notifying the surrounding drivers that there is traffic ahead.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the server configured to determine an operation for outputting information about a lane recommended for the lane change and a message for guiding the lane change to the recommended lane, as the operation for coping with the danger, when the vehicle is determined to not satisfy the condition allowing the lane change as taught by Jian, for the purpose of notifying the driver to stimulate driver intervention.
Conclusion
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/John C Merino/Patent Examiner, Art Unit 3669
/Erin M Piateski/Supervisory Patent Examiner, Art Unit 3669