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 .
2. This Office Action is sent in response to Applicant's Communication received on November 04, 2024 for application number 18/936,392. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 04, 2024 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. KR 10-2024-0065818 filed on May 21, 2024.
Disposition of Claims
Claims 1-18 are pending in this application.
Claims 1-18 are rejected.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by enough structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites enough structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting enough structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting enough structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“Information Collector”, “Communication Unit”, “Output Device” and “Controller” in claims 1-12.
“Communication Unit” and “Control Unit” in claims 13-18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (YANG – US 2022/0111834 A1).
Regarding claim 1, YANG discloses:
A vehicle (vehicle 100: Fig. 1) comprising:
an information collector (data storage 101 and sensor module 103: Fig. 1) configured to collect turning tendency information including road information and driving information; and
a controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) configured to determine an amount of steering angle assistance based on a difference between an actual steering angle of a driver and steering angle training data trained on a turn section, using turning tendency information collected by the information collector (sensor module 103: Fig. 1) (Abstract: “a first neural network configured to calculate a compensation steering angle based on comparing a driving steering angle with a calculated steering angle, and a second neural network configured to set a speed of the vehicle based on comparing the compensation steering angle with a threshold, wherein the driving steering angle comprises steering angle information collected while the vehicle is being driven and the calculated steering angle comprises {{{steering angle information learned}}} by receiving the image and the driving speed”).
Regarding claim 13, YANG discloses:
A server ([0149]: “In an example, the instructions or software and any associated data, data files, and data structures are distributed over network-coupled computer systems so that the instructions and software and any associated data, data files, and data structures are stored, accessed, and executed in a distributed fashion by the one or more processors or computers”) comprising:
a communication unit (data storage 101 and sensor module 103: Fig. 1) configured to receive turning tendency information from a vehicle, including road information and driving information, and to transmit trained steering angle training data to the vehicle; and
a control unit (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) configured to determine validity of the turning tendency information and to train steering angle training data by using valid turning tendency information, wherein the control unit is further configured to determine the validity of the turning tendency information when vehicle speed falls within a preset range and a lane violation occurs (Abstract: “a first neural network configured to calculate a compensation steering angle based on comparing a driving steering angle with a calculated steering angle, and a second neural network configured to set a speed of the vehicle based on comparing the compensation steering angle with a threshold, wherein the driving steering angle comprises steering angle information collected while the vehicle is being driven and the calculated steering angle comprises {{{steering angle information learned}}} by receiving the image and the driving speed”).
Regarding claim 2, YANG discloses the vehicle according to claim 1, and further on YANG also discloses:
wherein the information collector includes at least one of a speed sensor, a steering angle sensor, a front camera, or a navigation device ([0049-0057, 0075-0080, 0095-0099, 0134, 0143-0144]).
Regarding claim 3, YANG discloses the vehicle according to claim 1, and further on YANG also discloses:
wherein the road information includes road curvature ([0051]: “The road coefficient, which is extracted by classifying the lines in the front image captured by the camera at regular intervals, and expressed as a relative position with the vehicle by approximating it to the curve of the 3d-order equation on the plane coordinates, may represent the amount of change in the curvature of the road, the center of gravity of the vehicle, the curvature of the road, the difference in angle between the inclination of the tangent to the curvature of the road and the direction the vehicle is heading, the distance between the vehicle and the center of the lane in a transverse direction, and the like”), and the driving information includes at least one of vehicle speed, steering angle, activation status of lane following assist (LFA) function, or lane violation status ([0052]: “may receive the front image and driving speed of the vehicle 100 and compare differences between the driving steering angle and calculated steering angle to calculate a compensation steering angle”).
Regarding claim 4, YANG discloses the vehicle according to claim 1, and further on YANG also discloses:
a communication unit configured to transmit turning tendency information to a server ([0149]: “In an example, the instructions or software and any associated data, data files, and data structures are distributed over network-coupled computer systems so that the instructions and software and any associated data, data files, and data structures are stored, accessed, and executed in a distributed fashion by the one or more processors or computers”) and receive steering angle training data trained on the server ([0049-0057, 0075-0080, 0095-0099, 0134, 0143-0144]).
Regarding claim 5, YANG discloses the vehicle according to claim 4, and further on YANG also discloses:
wherein the controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to determine the amount of steering angle assistance when requirements for providing the amount of steering angle assistance are satisfied and training of steering angle training data is completed ([0049-0057, 0075-0080, 0095-0099, 0134, 0143-0144]).
Regarding claim 6, YANG discloses the vehicle according to claim 5, and further on YANG also discloses:
wherein the controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to determine that the requirements for providing the amount of steering angle assistance are satisfied when road curvature is higher than a preset value, the LFA is deactivated, or vehicle speed falls within a preset range ([0088]: “An apparatus for controlling driving of a vehicle according to another embodiment of the present disclosure may include the sensing device 10 for detecting a line of a lane in which the vehicle 90 travels, the recognizing device 20 for recognizing change in a lateral distance between the detected line and the vehicle 90, the determining device 30 for determining lane change intention based on the change in the lateral distance between the detected line and the vehicle 90, which recognized by the recognizing device 20, and the setting device 40 for setting a movement path for lane change of the vehicle 90 based on the lane change intention determined by the determination device 30”).
Regarding claim 7, YANG discloses the vehicle according to claim 5, and further on YANG also discloses:
wherein the controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to determine that the training of the steering angle training data is completed when communication between server and the controller is normal and training iterations for turning tendency information on the server reaches at least a preset number ([0086-0112]).
Regarding claim 8, YANG discloses the vehicle according to claim 1, and further on YANG also discloses:
wherein the controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to determine the amount of steering angle assistance based on the difference between the actual steering angle of the driver and trained steering angle training data ([0086-0112]).
Regarding claim 9, YANG discloses the vehicle according to claim 8, and further on YANG also discloses:
wherein the controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to determine the amount of steering angle assistance by applying a safety margin to the difference, based on the number of lane violations ([0086-0112]).
Regarding claim 10, YANG discloses the vehicle according to claim 1, and further on YANG also discloses:
wherein the controller (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to: output the amount of steering angle assistance in a direction opposite to an actual steering direction of the driver when the actual steering angle of the driver is greater than trained steering angle training data; and output the amount of steering angle assistance in a same direction as the actual steering direction of the driver when the actual steering angle of the driver is less than trained steering angle training data ([0086-0112]).
Regarding claim 11, YANG discloses the vehicle according to claim 1, and further on YANG also discloses:
an output device configured to output information corresponding to the amount of steering angle assistance determined by the controller ([0086-0112]).
Regarding claim 12, YANG discloses the vehicle according to claim 11, and further on YANG also discloses:
wherein the output device includes at least one of a display device (graphics processing unit (GPU): [0146]), a speaker, or a vibration device ([0086-0112]).
Regarding claim 14, YANG discloses the server according to claim 13, and further on YANG also discloses:
wherein the steering angle training data comprises: initially trained data generated by using valid information determined from collected turning tendency information; and additionally trained data configured to correct the initially trained data through further training of determined initial training data ([0086-0112]).
Regarding claim 15, YANG discloses the server according to claim 13, and further on YANG also discloses:
wherein the steering angle training data is in a form of a training data table, and wherein the training data table defines a steering angle based on vehicle speed and road curvature ([0051]: “The road coefficient, which is extracted by classifying the lines in the front image captured by the camera at regular intervals, and expressed as a relative position with the vehicle by approximating it to the curve of the 3d-order equation on the plane coordinates, may represent the amount of change in the curvature of the road, the center of gravity of the vehicle, the curvature of the road, the difference in angle between the inclination of the tangent to the curvature of the road and the direction the vehicle is heading, the distance between the vehicle and the center of the lane in a transverse direction, and the like”).
Regarding claim 16, YANG discloses the server according to claim 15, and further on YANG also discloses:
wherein the control unit (electronic speed controller (ESC) 113 and an electronic steering system (EPS) 115: Fig. 1) is further configured to substitute valid turning tendency information into a training data table for at least a preset number of times and conduct initial training by substituting vehicle speed and road curvature into the training data table, so as to generate the training data table to obtain a corresponding steering angle ([0086-0112]).
Regarding claim 17, YANG discloses the server according to claim 16, and further on YANG also discloses:
wherein when lane violations occur for at least a preset number of times after the training data table is generated, the control unit is configured to: add weight to valid turning tendency information after the initial training; and additionally substitute the valid turning tendency information into the training data table generated through the initial training, so as to conduct additional training to correct the training data table ([0086-0112]).
Regarding claim 18, YANG discloses the server according to claim 13, and further on YANG also discloses:
wherein after training of the steering angle training data, the control unit is configured to determine a turning tendency of a driver based on the number of lane violations included in valid turning tendency information ([0086-0112]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
KR 20220046935 A – YANG
US 2023/0322208 A1 – ROJAS
CN 114312845 A - TANG
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747