DETAILED ACTION
This is a non-final office action on the merits. Claims 1-19 are pending and addressed below.
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 .
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 1-17 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12135558. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-17 of U.S. Patent No. 12135558 contain all claim limitations of present claims 1-17.
It is noted that there has been no restriction requirement between the claims of parent application 17826012 and their scope with present claims.
Claims 18-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12135558 in view of White et al. (US 20170089717).
Regarding claim 18, claims 1-17 of U.S. Patent No. 12135558 teach all limitations except for:
from a historical database;
However, White et al. teaches:
from a historical database;
(at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]) for navigation ([0018]-[0108]);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of claims 1-17 of U.S. Patent No. 12135558 with from a historical database as taught be White et al. for navigation.
Regarding claim 19, , claims 1-17 of U.S. Patent No. 12135558 do not teach:
displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions;
However, White et al. teaches:
displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions;
(at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]) for navigation ([0018]-[0108]);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of claims 1-17 of U.S. Patent No. 12135558 with displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions as taught be White et al. for navigation.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 18-19 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by White et al. (US 20170089717).
Regarding claims 1 and 18, White et al. teaches:
A system, comprising:
a position sensor mounted to a vehicle, the position sensor configured to identify a location of the vehicle, a heading of the vehicle, and a speed of the vehicle;
a controller in electronic communication with the position sensor, the controller configured to:
determine that the vehicle has selected a target destination,
A method for assisting with vehicle navigation, comprising:
receiving, from one or more position sensors mounted to a vehicle, data sufficient to determine a location, speed and heading of the vehicle;
determining a target destination for the vehicle;
(at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling)
and
determine positioning instructions for the vehicle and provide the positioning instructions to the vehicle to assist in placing the vehicle within the target destination;
wherein the instructions are determined on the basis of a comparison of the heading and speed of the vehicle to historical heading and speed data derived from other vehicles previously that successfully navigated to the target destination;
retrieving, from an historical database, data relating to headings and speeds of vehicles that previously successfully navigated to the target destination;
comparing the heading and speed of the vehicle to data relating to headings and speeds of vehicles that previously successfully navigated to the target destination, and on the basis of the comparison, providing positioning instructions to the vehicle;
(at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
Regarding claim 19, White et al. teaches:
displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions; (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
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.
Claim(s) 2-7, 10, 19 is/are rejected under 35 U.S.C. 10-23 as being unpatentable over White et al. (US 20170089717) as applied to claims 1-2, 18, above, and further in view of Lewis et al. (US 8583361).
Regarding claim 2, White et al. teaches:
wherein the controller is further configured to determine that at least one vehicle dynamic of the vehicle is outside of an acceptable range; (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
White et al. does not explicitly teach:
issue a wave-off alert to an output device of the vehicle, wherein the wave-off alert causes an output device at the vehicle to indicate that the vehicle should leave a region of interest (ROI)
However, Lewis et al. teaches:
Also teaches: wherein the controller is further configured to determine that at least one vehicle dynamic of the vehicle is outside of an acceptable range;
issue a wave-off alert to an output device of the vehicle, wherein the wave-off alert causes an output device at the vehicle to indicate that the vehicle should leave a region of interest (ROI);
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with wherein the controller is further configured to determine that at least one vehicle dynamic of the vehicle is outside of an acceptable range; and issue a wave-off alert to an output device of the vehicle, wherein the wave-off alert causes an output device at the vehicle to indicate that the vehicle should leave a region of interest (ROI) as taught be Lewis et al. to be safe and for navigation.
Regarding claim 3, White et al. teaches:
wherein the at least one vehicle dynamic comprises a speed of the vehicle; (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
Lewis et al. teaches:
Also teaches: wherein the at least one vehicle dynamic comprises a speed of the vehicle;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with wherein the at least one vehicle dynamic comprises a speed of the vehicle as taught be Lewis et al. to be safe and for navigation.
Regarding claim 4, White et al. does not explicitly teach:
wherein the at least one vehicle dynamic comprises a turn radius of the vehicle;
However, Lewis et al. teaches:
wherein the at least one vehicle dynamic comprises a turn radius of the vehicle;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with herein the at least one vehicle dynamic comprises a turn radius of the vehicle as taught be Lewis et al. to be safe and for navigation.
Regarding claim 5, White et al. teaches:
wherein the at least one vehicle dynamic comprises the heading of the vehicle; (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
Lewis et al. teaches:
Also teaches: wherein the at least one vehicle dynamic comprises the heading of the vehicle;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with wherein the at least one vehicle dynamic comprises the heading of the vehicle as taught be Lewis et al. to be safe and for navigation.
Regarding claim 6, White et al. does not explicitly teach:
wherein the positioning instructions are static once determined manually;
Lewis et al. teaches:
wherein the positioning instructions are static once determined manually;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least figs. 8-9 col 18 to col 19 line 15 discuss operator selects a target, and after that the target remains selected/instructions are static; also the target can be static target) for target information (col 18 to col 19 line 15).
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with wherein the positioning instructions are static once determined manually as taught be Lewis et al. for target information.
Regarding claim 7, White et al. does not explicitly teach:
wherein the positioning instructions are updated from a first loading zone to a second loading zone as the vehicle approaches the target destination;
Lewis et al. teaches:
wherein the positioning instructions are updated from a first loading zone to a second loading zone as the vehicle approaches the target destination;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with wherein the positioning instructions are updated from a first loading zone to a second loading zone as the vehicle approaches the target destination as taught be Lewis et al. to be safe and for navigation.
Regarding claim 10, White et al. does not explicitly teach:
wherein the second loading zone is calculated when the vehicle is a predefined distance from the target destination;
Lewis et al. teaches:
wherein the second loading zone is calculated when the vehicle is a predefined distance from the target destination;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with wherein the second loading zone is calculated when the vehicle is a predefined distance from the target destination as taught be Lewis et al. to be safe and for navigation.
Regarding claim 19, White et al. teaches:
displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions; (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
Lewis et al. teaches:
Also teaches: displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with displaying navigation instructions on an output display device at the vehicle in response to the positioning instructions as taught be Lewis et al. to be safe and for navigation.
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (US 20170089717) in view of Lewis et al. (US 8583361).
Regarding claim 15, White et al. teaches:
A system, comprising:
a position sensor mounted to a vehicle, the position sensor configured to identify a location of the vehicle, a heading of the vehicle, and a speed of the vehicle;
(at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information);
a controller in electronic communication with position sensor , the controller configured to:
determine that the vehicle has selected a target destination,
wherein the controller is configured to compare the heading and speed of the vehicle to historical heading and speed data derived from other vehicles previously that successfully navigated to the target destination, and on the basis of the comparison, issue an alert to the vehicle;
alert includes a wave-off alert;
(at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
In addition and in the alternative, Lewis et al. teaches:
alert includes a wave-off alert;
(at least figs. 3-12 col 7 line 40 to col 24 line 28 discussed list of loading areas/candidate target destinations based on vehicle position proximity/distance to target, select a target, select path to target, and control vehicle to follow path or output path to driver; in particular at least figs. 4-5 col 13 line 45 to col 14 line 65 discussed loading areas/target destinations; in particular at least col 11 line 1-30, fig. 5 col 14 line 25-67, figs. 8-9 col 16 line 55 to col 20 line 3 step 606, discussed list of target destinations based on distance/proximity to vehicle, then select a target destination ; in particular at least col 11 line 30 to col 12 line 22, fig. 5 col 14 line 25-67, figs. 11-12 col 20 line 35 to col 24 line 28 steps 610-612, discussed determine path to target destination, discussed navigation aid 322/screen 320 displays information for user to navigate along path to target destination, or “If the vehicle is autonomous, in step 1204, the selected path is communicated to the vehicle control system. The controlling entity for the autonomous vehicle can then use the path to navigate the vehicle to the selected target”; at least col 23 line 1-30 discussed “In step 1210, the system identifies any existing deviation between the vehicle's current trajectory and the trajectory determined in step 1208. Using the vehicle condition data (e.g., turning radius, stopping distance, etc.) the system then determines whether any detected deviation is so great that the vehicle will be unable to return to the selected path based upon the vehicle's performance capabilities. For example, the vehicle's turning radius may be too great to return the vehicle to the selected path. In that case, the system can generate an error warning to the operator that the vehicle cannot return to the selected path. The operator can then restart the path selection process to generate a new path, or the system may automatically generate a new path. In some cases, the operator may have to navigate the vehicle away from the selected target to provide enough room for a new suitable path to be identified… When warning the vehicle operator regarding deviations from the selected path, the present system may use any suitable user interface device for communicating such information. Heads up displays or other device display screens, warning sounds, voice cues, or other indicators can all be used to provide feedback to the operator”; col 15 line 32 to col 16 line 45 discussed more examples of vehicle condition data, including speed, heading) to be safe and for navigation (col 23 line 1-30);
It would have been obvious to one of ordinary skill in the art at the time of the invention and at the time of filing to modify the system and method of White et al. with alert includes a wave-off alert as taught be Lewis et al. to be safe and for navigation.
Regarding claim 16, White et al. teaches:
wherein comparing the heading and speed of the vehicle to historical heading and speed data derived from other vehicles that previously successfully navigated to the target comprises determining whether a deviation between the heading of the vehicle and historical aggregate headings of other vehicles exceeds a threshold (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
Regarding claim 17, White et al. teaches:
wherein comparing the heading and speed of the vehicle to historical heading and speed data derived from other vehicles that previously successfully navigated to the target destination comprises determining whether a deviation between the speed of the vehicle and an historical aggregate speed of other vehicles exceeds a threshold (at least fig. 1 [0018]-[0108] discussed navigation system 100, mobile computing device 102.1-102.N/processor 110, sensor array 108/location determining component 114 mounted in a vehicle, external computing device 160; discussed vehicle position, heading, speed, navigation route, which lane to avoid, using other vehicles information; at least [0051]-[0058] discussed vehicle position, speed, heading, route, road lane vehicle is traveling; at least [0083]-[0096] discussed comparing a vehicle heading and speed to other vehicles data, discussed alerts about lane departure hazard, certain road lane is blocked, avoid lanes, in particular [0088]-[0090]);
Conclusion
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BAO LONG T. NGUYEN
Examiner
Art Unit 3664
/BAO LONG T NGUYEN/Primary Examiner, Art Unit 3656