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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024 are being considered by the examiner.
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.
Claims 1, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0142656 (Suzuki).
With respect to claims 1, 5, and 6
Suzuki discloses: A driving assistance control apparatus for a vehicle (see at least Fig 1; #100; and ¶0043) comprising
a controller (#100) configured to perform, as a driving assistance control, at least one of a steering assistance control to automatically vary a steering angle of a host vehicle (see at least Fig 1 and 4; #144; and ¶0057 and ¶0079) and an acceleration assistance control to automatically vary an acceleration of said host vehicle (see at least Fig 1 and 4; #144; and ¶0057 and ¶0078), based on at least a traveling state of said host vehicle (see at least Fig 4 and 8; #144 and ¶0078-80; Discussing controlling the steering/acceleration of the vehicle to help maintain a distance from a vehicle and a position within a lane),
wherein, said controller (#100) is configured to:
receive a setting operation input from a driver of said host vehicle (see at least Fig 1 and 4; #180; and ¶0068); and
vary a strength degree of a steering assistance in said steering assistance control when said controller is configured to perform said steering assistance control (see at least Fig 1 and 4; #144; and ¶0057, ¶0079, and ¶0103-111), in accordance with said setting operation input, or vary a strength degree of an acceleration assistance in said acceleration assistance control (see at least Fig 1 and 4; #144; and ¶0057, ¶0078, and ¶0103-111) when said controller is configured to perform said acceleration assistance control, in accordance with said setting operation input (see at least Fig 1, 4, and 8; #144; and ¶0057, ¶0078-80, and ¶0103-111; Discussing that the amount of control for the adaptive cruise control and lane keep assistance is based on operation level).
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL F WHALEN whose telephone number is (571)270-7747. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Nolan can be reached at (571) 270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL F. WHALEN
Examiner
Art Unit 3661
/M.F.W./Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661