Prosecution Insights
Last updated: August 18, 2026
Application No. 18/950,361

DRIVER ASSISTANCE CONTROL DEVICE FOR VEHICLE, DRIVER ASSISTANCE CONTROL METHOD FOR VEHICLE, AND STORAGE MEDIUM OF SAME

Final Rejection §103
Filed
Nov 18, 2024
Priority
Feb 08, 2024 — JP 2024-017654
Examiner
MILLER, PRESTON JAY
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
1y 3m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
37 granted / 68 resolved
+2.4% vs TC avg
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
21 currently pending
Career history
96
Total Applications
across all art units

Statute-Specific Performance

§101
16.7%
-23.3% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 68 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of Claims 2. This office action is in response to Amendments and Remarks filed on 05/28/2026 for application number 18/950,361 filed on 11/18/2024, in which claims 1-5 were previously presented for examination. 3. Claim(s) 6-8 has/have been added as new, and claim(s) 1-2, and 4-5 has/have been amended. Accordingly, claim(s) 1-8 is/are currently pending. 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. JP2024-017654, filed on 02/08/2024. Examiner Notes 5. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123. Response to Arguments 6. Applicant's arguments filed 05/28/2026 have been fully considered but they are not persuasive. 7. Applicant’s arguments and amendments have been addressed in the new rejection outlined below. 8. Applicant’s arguments with respect to claim(s) 1, and 4-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 9. Applicant argues dependent claim(s) is/are patentable by the virtue of their dependency on one of the independent claims and the additional features recited in the dependent claims. 10. This argument is unpersuasive as each independent claim and dependent claim has been fully rejected and for the reasons given above. Claim Rejections - 35 USC § 103 11. 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. 12. Claim(s) 1, and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi (US-20230202479-A1) in view of Inoue et al. (US-20150019082-A1) and further in view of Matsumura (US-20150094928-A1). In regard to claim 1 , Horiguchi discloses a driver assistance control device for a vehicle comprising a controller configured to provide at least one of: (Horiguchi, in at least Figs. 1-2, [0029-0030], discloses a driving assistance apparatus 1 [i.e., a driver assistance control device] includes a camera unit 10 fixed to the upper middle of a front part in a vehicle compartment of a vehicle M. The camera unit 10 includes a stereo camera 11, an image processing unit (IPU) 12, an image recognition unit (image recognition ECU) 13, and a traveling control unit (traveling ECU) 14 [i.e., a controller]) steering assistance control for determining a steering control amount for automatically changing an actual steering angle of an own vehicle based on at least a traveling situation of the own vehicle, and performing steering assistance for changing the actual steering angle based on the steering control amount (Horiguchi, in at least Fig. 1, and [0039 & 0049-0050], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., steering assistance control]. The electric power steering motor 35 imparts a steering torque to a steering mechanism using a rotary power of the motor. The PS ECU 25 drives and control the electric power steering motor 35 on the basis of a control signal from the traveling ECU 14 or a detection signal from the various sensors [i.e., based on at least a traveling situation of the own vehicle]. The PS ECU 25 thus generates the steering torque for the steering mechanism. In addition, the PS ECU 25 outputs, to the traveling ECU 14, signals of factors including the steering torque and a steering angle detected by the various sensors); and acceleration assistance control for determining a target acceleration for automatically changing an actual acceleration of the own vehicle based on at least the traveling situation, and for performing acceleration assistance for controlling the actual acceleration such that the actual acceleration of the own vehicle matches the target acceleration (Horiguchi, in at least Fig. 1, and [0064-0065 & 0082], discloses the traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt [i.e., based on at least the traveling situation]. This enables the traveling ECU 14 to basically cause the own vehicle M to travel to follow the preceding vehicle, in a state in which an inter-vehicle distance L is kept at the target inter-vehicle distance Lt and a vehicle speed V is kept at the target vehicle speed Vt. The traveling ECU 14 sets a target acceleration rate [i.e., determining a target acceleration] at on the basis of the newly set target vehicle speed Vt (and the current vehicle speed V of the own vehicle M)), wherein the controller is configured to: (Horiguchi, in at least Fig. 1, the traveling ECU 14), when providing the steering assistance control (Horiguchi, in at least Fig. 1, and [0039], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., steering assistance control]): when providing the acceleration assistance control (Horiguchi, in at least Fig. 1, and [0064], discloses the traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt): change a degree of intensity of the acceleration assistance based on the target acceleration, (Horiguchi, in at least Fig. 1, and [0082], discloses the traveling ECU 14 sets a target acceleration rate at on the basis of the newly set target vehicle speed Vt (and the current vehicle speed V of the own vehicle M). The traveling ECU 14 accelerates the own vehicle M to the target vehicle speed Vt on the basis of the target acceleration rate [i.e., target acceleration]). Horiguchi is silent on learn a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver, and change a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned, learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver, determine the target acceleration using the learned acceleration preference level, and the target acceleration being based on the learned acceleration preference level. However, Inoue teaches learn a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned [i.e., learn a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver] and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver. If the driver is weak, the cutoff frequency of the first filtering device is changed to the lower frequency side. It is therefore possible to increase the frequency band in which the steering input is treated as the disturbance as much as possible without reducing the accuracy of the overriding determination)., and change a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver [i.e., change a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned]. If the driver is weak, the cutoff frequency of the first filtering device is changed to the lower frequency side. It is therefore possible to increase the frequency band in which the steering input is treated as the disturbance as much as possible without reducing the accuracy of the overriding determination). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi in view of Inoue with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicle systems – and learn the driver steering preference and set the steering characteristics based on the learned user preference and set the cutoff frequency (or the steering intensity) to the maximum output frequency of the driver and the combination would provide for changing characteristics of steering force, such as the dead zone, on the basis of a driver's private unique information (Inoue, see at least [0006]). Horiguchi, as modified by Inoue, does not teach learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver, determine the target acceleration using the learned acceleration preference level, and the target acceleration being based on the learned acceleration preference level. However, Matsumura teaches learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver (Matsumura, in at least Fig. 1, and [0026 & 0072], teaches a driving assistance device 1 performs driving assistance, so as to accelerate and/or decelerate based on the driver's preference. Therefore, when the vehicle is traveling due to the driver's accelerating and decelerating operations, the driving assistance device 1 learns the position where the behaviors are stable at the same location, and learns the vehicle speed or the acceleration and deceleration at a place before the learning place [i.e., learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle]. The driving assistance device 1 acquires the vehicle speed when the vehicle is traveling due to the driver's accelerating and decelerating operations and stores the vehicle speed at each place on the travel route in the learning database 20 for multiple times), determine the target acceleration using the learned acceleration preference level (Matsumura, in at least [0036 & 0077], teaches if an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference is set as the target acceleration by the driving assistance ECU 40. As such, performing control by using accelerating and decelerating that suits the driver's preference, encompasses determining the target acceleration), and the target acceleration being based on the learned acceleration preference level (Matsumura, in at least [0036 & 0077], teaches if an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus a travel control is accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference, becomes the target acceleration which is set as the target acceleration by the driving assistance ECU 40. That means, the target acceleration being based on the learned acceleration preference level). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi, as already modified by Inoue, in view of Matsumura with a reasonable expectation of success, as all inventions are directed to the same field of endeavor – vehicle systems – and use the driving assistance ECU of Matsumura, to learn the driver's accelerating and decelerating operations and then perform travel control by setting the target acceleration of the vehicle to the accelerating and decelerating that suits the driver's preference and the combination would provide for suppressing the amount of vehicle speed data to be learned, and reducing the uncomfortable feeling that is brought to the driver by the travel control (Matsumura, see at least [0013]). In regard to claim 3 , Horiguchi, as modified by Inoue and Matsumura, teaches the driver assistance control device according to claim 1, wherein the controller is configured to perform, as the acceleration assistance control, following traveling in which the own vehicle is caused to follow a preceding vehicle that is travelling immediately ahead of the own vehicle, so as to maintain a predetermined inter-vehicle distance between the own vehicle and the preceding vehicle, and also, when the preceding vehicle is no longer present in a state in which the own vehicle is being caused to perform following traveling of the preceding vehicle, perform the acceleration assistance until speed of the own vehicle reaches a predetermined target vehicle speed (Horiguchi, in at least Fig. 1, and [0064-0065], discloses in the follow-up traveling control [i.e., following traveling in which the own vehicle is caused to follow a preceding vehicle that is travelling immediately ahead of the own vehicle], the traveling ECU 14 sets a target inter-vehicle distance Lt and a target vehicle speed Vt on the basis of a vehicle speed Vl of the preceding vehicle. The traveling ECU 14 performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt [i.e., a predetermined inter-vehicle distance between the own vehicle and the preceding vehicle] and the target vehicle speed Vt. This enables the traveling ECU 14 to basically cause the own vehicle M to travel to follow the preceding vehicle, in a state in which an inter-vehicle distance L is kept at the target inter-vehicle distance Lt and a vehicle speed V is kept at the target vehicle speed Vt. In contrast, in a case where no preceding vehicle is recognized ahead of the own vehicle M [i.e., when the preceding vehicle is no longer present in a state in which the own vehicle] by the image recognition ECU 13, the traveling ECU 14 performs a constant-speed traveling control as a part of the adaptive cruise control. In the constant-speed traveling control, the traveling ECU 14 sets the set vehicle speed Vs inputted by the driver as the target vehicle speed Vt [i.e., a predetermined target vehicle speed]. The traveling ECU 14 may perform the acceleration or deceleration control for the own vehicle M on the basis of the target vehicle speed Vt. This enables the traveling ECU 14 to keep the vehicle speed V of the own vehicle M at the set vehicle speed Vs.) In regard to claim 4 , Horiguchi discloses a driver assistance control method, the method comparing the steps of(Horiguchi, in at least Figs. 3-6, discloses several flowcharts. Examiner notes, a flowchart represents a method): if performing steering assistance control, determining a steering control amount for automatically changing an actual steering angle of an own vehicle based on at least a traveling situation of the own vehicle, and performing steering assistance for changing the actual steering angle based on the steering control amount (Horiguchi, in at least Fig. 1, and [0039 & 0049-0050], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., steering assistance control]. The electric power steering motor 35 imparts a steering torque to a steering mechanism using a rotary power of the motor. The PS ECU 25 drives and control the electric power steering motor 35 on the basis of a control signal from the traveling ECU 14 or a detection signal from the various sensors [i.e., based on at least a traveling situation of the own vehicle]. The PS ECU 25 thus generates the steering torque for the steering mechanism. In addition, the PS ECU 25 outputs, to the traveling ECU 14, signals of factors including the steering torque and a steering angle detected by the various sensors); and if performing acceleration assistance control, determining a target acceleration for automatically changing an actual acceleration of the own vehicle based on at least the traveling situation, and performing acceleration assistance for controlling the actual acceleration such that the actual acceleration of the own vehicle matches the target acceleration (Horiguchi, in at least Fig. 1, and [0064-0065 & 0082], discloses the traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt [i.e., based on at least the traveling situation]. This enables the traveling ECU 14 to basically cause the own vehicle M to travel to follow the preceding vehicle, in a state in which an inter-vehicle distance L is kept at the target inter-vehicle distance Lt and a vehicle speed V is kept at the target vehicle speed Vt. The traveling ECU 14 sets a target acceleration rate [i.e., determining a target acceleration] at on the basis of the newly set target vehicle speed Vt (and the current vehicle speed V of the own vehicle M)), wherein: the steering assistance control further comprises the steps of (Horiguchi, in at least Fig. 1, and [0039], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., steering assistance control]): l the acceleration assistance control further comprises the steps of: (Horiguchi, in at least Fig. 1, and [0064], discloses the traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt): determining the target acceleration using the learned acceleration preference level, and changing a degree of intensity of the acceleration assistance based on the target acceleration,(Horiguchi, in at least Fig. 1, and [0082], discloses the traveling ECU 14 sets a target acceleration rate at on the basis of the newly set target vehicle speed Vt (and the current vehicle speed V of the own vehicle M). The traveling ECU 14 accelerates the own vehicle M to the target vehicle speed Vt on the basis of the target acceleration rate [i.e., target acceleration]). Horiguchi is silent on learning a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver, and changing a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned; learning an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver, determining the target acceleration using the learned acceleration preference level, and the target acceleration being based on the learned acceleration preference level. However, Inoue teaches learning a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned [i.e., learning a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver] and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver. If the driver is weak, the cutoff frequency of the first filtering device is changed to the lower frequency side. It is therefore possible to increase the frequency band in which the steering input is treated as the disturbance as much as possible without reducing the accuracy of the overriding determination)., and changing a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver [i.e., changing a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned]. If the driver is weak, the cutoff frequency of the first filtering device is changed to the lower frequency side. It is therefore possible to increase the frequency band in which the steering input is treated as the disturbance as much as possible without reducing the accuracy of the overriding determination). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi in view of Inoue with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicle systems – and learn the driver steering preference and set the steering characteristics based on the learned user preference and set the cutoff frequency (or the steering intensity) to the maximum output frequency of the driver and the combination would provide for changing characteristics of steering force, such as the dead zone, on the basis of a driver's private unique information (Inoue, see at least [0006]). Horiguchi, as modified by Inoue, does not teach learning an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver, determining the target acceleration using the learned acceleration preference level, and the target acceleration being based on the learned acceleration preference level. However, Matsumura teaches learning an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver (Matsumura, in at least Fig. 1, and [0026 & 0072], teaches a driving assistance device 1 performs driving assistance, so as to accelerate and/or decelerate based on the driver's preference. Therefore, when the vehicle is traveling due to the driver's accelerating and decelerating operations, the driving assistance device 1 learns the position where the behaviors are stable at the same location, and learns the vehicle speed or the acceleration and deceleration at a place before the learning place [i.e., learning an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle]. The driving assistance device 1 acquires the vehicle speed when the vehicle is traveling due to the driver's accelerating and decelerating operations and stores the vehicle speed at each place on the travel route in the learning database 20 for multiple times), determining the target acceleration using the learned acceleration preference level (Matsumura, in at least [0036 & 0077], teaches if an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference, becomes the target acceleration which is set as the target acceleration by the driving assistance ECU 40. As such, performing control by using accelerating and decelerating that suits the driver's preference, encompasses determining the target acceleration), and the target acceleration being based on the learned acceleration preference level (Matsumura, in at least [0036 & 0077], teaches if an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus a travel control is accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference, becomes the target acceleration which is set as the target acceleration by the driving assistance ECU 40. That means, the target acceleration being based on the learned acceleration preference level). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi, as already modified by Inoue, in view of Matsumura with a reasonable expectation of success, as all inventions are directed to the same field of endeavor – vehicle systems – and use the driving assistance ECU of Matsumura, to learn the driver's accelerating and decelerating operations and then perform travel control by setting the target acceleration of the vehicle to the accelerating and decelerating that suits the driver's preference and the combination would provide for suppressing the amount of vehicle speed data to be learned, and reducing the uncomfortable feeling that is brought to the driver by the travel control (Matsumura, see at least [0013]). In regard to claim 5 , Horiguchi discloses a non-transitory storage medium storing a program that is executed by a computer installed in an own vehicle, the program causing the computer to execute (Horiguchi, in at least Fig. 1, [0168], discloses at least one processor is configurable, by reading instructions [i.e., program] from at least one machine readable non-transitory tangible medium, to perform all or a part of functions of each of the image recognition ECU 13 and the traveling ECU 14), as driver assistance control, at least one of a steering assistance control and an acceleration assistance control (Horiguchi, in at least Fig. 1, [0039 & 0064], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., a steering assistance control]. The traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt), wherein: the steering assistance control is for determining a steering control amount for automatically changing an actual steering angle of the own vehicle based on at least a traveling situation of the own vehicle, and for performing steering assistance for changing the actual steering angle based on the steering control amount (Horiguchi, in at least Fig. 1, and [0039 & 0049-0050], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., steering assistance control]. The electric power steering motor 35 imparts a steering torque to a steering mechanism using a rotary power of the motor. The PS ECU 25 drives and control the electric power steering motor 35 on the basis of a control signal from the traveling ECU 14 or a detection signal from the various sensors [i.e., based on at least a traveling situation of the own vehicle]. The PS ECU 25 thus generates the steering torque for the steering mechanism. In addition, the PS ECU 25 outputs, to the traveling ECU 14, signals of factors including the steering torque and a steering angle detected by the various sensors), and the acceleration assistance control for determining a target acceleration for automatically changing an actual acceleration of the own vehicle based on at least the traveling situation, and for performing acceleration assistance for controlling the actual acceleration such that the actual acceleration of the own vehicle matches the target acceleration (Horiguchi, in at least Fig. 1, and [0064-0065 & 0082], discloses the traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt [i.e., based on at least the traveling situation]. This enables the traveling ECU 14 to basically cause the own vehicle M to travel to follow the preceding vehicle, in a state in which an inter-vehicle distance L is kept at the target inter-vehicle distance Lt and a vehicle speed V is kept at the target vehicle speed Vt. The traveling ECU 14 sets a target acceleration rate [i.e., determining a target acceleration] at on the basis of the newly set target vehicle speed Vt (and the current vehicle speed V of the own vehicle M)), and when executing the steering assistance control, the program causes the computer to (Horiguchi, in at least Fig. 1, and [0039], discloses the traveling ECU 14 is coupled, via an in-vehicle communication line such as a controller area network (CAN), to various control units including a power steering control unit (PS ECU) 25 [i.e., steering assistance control]): when executing the acceleration assistance control, the program causes the computer to (Horiguchi, in at least Fig. 1, and [0064], discloses the traveling ECU 14 [acceleration assistance control] performs an acceleration or deceleration control for the own vehicle M on the basis of the target inter-vehicle distance Lt and the target vehicle speed Vt): determine the target acceleration using the learned acceleration preference level, and change a degree of intensity of the acceleration assistance based on the target acceleration, the target acceleration being based on the learned acceleration preference level (Horiguchi, in at least Fig. 1, and [0082], discloses the traveling ECU 14 sets a target acceleration rate at on the basis of the newly set target vehicle speed Vt (and the current vehicle speed V of the own vehicle M). The traveling ECU 14 accelerates the own vehicle M to the target vehicle speed Vt on the basis of the target acceleration rate [i.e., target acceleration]). Horiguchi is silent on learn a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver, and change a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned, learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver, determine the target acceleration using the learned acceleration preference level, and the target acceleration being based on the learned acceleration preference level. However, Inoue teaches learn a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned [i.e., learn a steering preference level indicating a degree of preference regarding steering by a driver of the own vehicle, based on steering operations performed by the driver] and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver. If the driver is weak, the cutoff frequency of the first filtering device is changed to the lower frequency side. It is therefore possible to increase the frequency band in which the steering input is treated as the disturbance as much as possible without reducing the accuracy of the overriding determination)., and change a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver [i.e., change a degree of intensity of the steering assistance by determining the steering control amount based on the steering preference level that is learned]. If the driver is weak, the cutoff frequency of the first filtering device is changed to the lower frequency side. It is therefore possible to increase the frequency band in which the steering input is treated as the disturbance as much as possible without reducing the accuracy of the overriding determination). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi in view of Inoue with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicle systems – and learn the driver steering preference and set the steering characteristics based on the learned user preference and set the cutoff frequency (or the steering intensity) to the maximum output frequency of the driver and the combination would provide for changing characteristics of steering force, such as the dead zone, on the basis of a driver's private unique information (Inoue, see at least [0006]). Horiguchi, as modified by Inoue, does not teach learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver, determine the target acceleration using the learned acceleration preference level, and the target acceleration being based on the learned acceleration preference level. However, Matsumura teaches learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle, the acceleration preference level being learned from acceleration and deceleration operations by the driver (Matsumura, in at least Fig. 1, and [0026 & 0072], teaches a driving assistance device 1 performs driving assistance, so as to accelerate and/or decelerate based on the driver's preference. Therefore, when the vehicle is traveling due to the driver's accelerating and decelerating operations, the driving assistance device 1 learns the position where the behaviors are stable at the same location, and learns the vehicle speed or the acceleration and deceleration at a place before the learning place [i.e., learn an acceleration preference level indicating a degree of preference regarding acceleration by the driver of the own vehicle]. The driving assistance device 1 acquires the vehicle speed when the vehicle is traveling due to the driver's accelerating and decelerating operations and stores the vehicle speed at each place on the travel route in the learning database 20 for multiple times), determine the target acceleration using the learned acceleration preference level (Matsumura, in at least [0036 & 0077], teaches if an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference, becomes the target acceleration which is set as the target acceleration by the driving assistance ECU 40. As such, performing control by using accelerating and decelerating that suits the driver's preference, encompasses determining the target acceleration), and the target acceleration being based on the learned acceleration preference level (Matsumura, in at least [0036 & 0077], teaches if an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus a travel control is accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference, becomes the target acceleration which is set as the target acceleration by the driving assistance ECU 40. That means, the target acceleration being based on the learned acceleration preference level). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi, as already modified by Inoue, in view of Matsumura with a reasonable expectation of success, as all inventions are directed to the same field of endeavor – vehicle systems – and use the driving assistance ECU of Matsumura, to learn the driver's accelerating and decelerating operations and then perform travel control by setting the target acceleration of the vehicle to the accelerating and decelerating that suits the driver's preference and the combination would provide for suppressing the amount of vehicle speed data to be learned, and reducing the uncomfortable feeling that is brought to the driver by the travel control (Matsumura, see at least [0013]). In regard to claim 6 , Horiguchi, as modified by Inoue and Matsumura, teaches the driver assistance control device according to claim 1, wherein the controller is further configured to determine the target acceleration using the learned acceleration preference level of only the driver. Further Matsumura teaches wherein the controller is further configured to determine the target acceleration using the learned acceleration preference level of only the driver (Matsumura, in at least [0026 & 0036 & 0077], teaches when the vehicle is traveling due to the driver's accelerating and decelerating operations, the driving assistance device 1 [i.e., the controller] learns the position (position with a small dispersion of the vehicle speeds) where the behaviors are stable at the same location, and learns the vehicle speed or the acceleration and deceleration at a place before the learning place. If an engine control signal is received from the driving assistance ECU 40, the engine ECU 30 performs control for becoming the target acceleration [i.e., target acceleration] shown by the engine control signal. The travel control is performed by using the plurality of vehicle speeds or acceleration and deceleration learned at each of the plurality of places before the first learning place, thus accelerating and decelerating that suits the driver's preference [i.e., the learned acceleration preference level of only the driver] more is performed. Examiner notes, the accelerating and decelerating that suits the driver's preference, becomes the target acceleration which is set as the target acceleration by the driving assistance ECU 40. As such, performing control by using accelerating and decelerating that suits the driver's preference, encompasses determining the target acceleration). In regard to claim 7 , Horiguchi, as modified by Inoue and Matsumura, teaches the driver assistance control device according to claim 1, wherein the learned acceleration preference level includes only a preference level of the driver (Matsumura, in at least [0026], teaches when the vehicle is traveling due to the driver's accelerating and decelerating operations, the driving assistance device 1 learns the position (position with a small dispersion of the vehicle speeds) where the behaviors are stable at the same location, and learns the vehicle speed or the acceleration and deceleration at a place before the learning place [i.e., wherein the learned acceleration preference level includes only a preference level of the driver ]). In regard to claim 8 , Horiguchi, as modified by Inoue and Matsumura, teaches the driver assistance control device according to claim 1, wherein the learned acceleration preference level is not learned from acceleration and deceleration operations by another driver (Matsumura, in at least [0026], teaches when the vehicle is traveling due to the driver's accelerating and decelerating operations, the driving assistance device 1 learns the position (position with a small dispersion of the vehicle speeds) where the behaviors are stable at the same location, and learns the vehicle speed or the acceleration and deceleration at a place before the learning place [i.e., wherein the learned acceleration preference level is not learned from acceleration and deceleration operations by another driver]. Examiner notes, the acceleration preference level is learned from the driver. That means, the learned acceleration preference level is not learned from acceleration and deceleration operations by another driver). 13. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi (US-20230202479-A1) in view of Inoue et al. (US-20150019082-A1) and further in view of Matsumura (US-20150094928-A1) and further in view of Tekada et al. (US-20090024279-A1). In regard to claim 2 , Horiguchi, as modified by Inoue and Matsumura, teaches the driver assistance control device according to claim 1, wherein the controller is configured to provide, as the steering assistance control, lane keeping control for changing the steering control amount such that the own vehicle travels along a target travel line set in a lane in which the own vehicle is traveling (Horiguchi, in at least Fig. 1, and [0066], discloses the lane keep control and the lane departure prevention control is basically performed on the basis of the traveling environment information received from one or both of the image recognition ECU 13 and the locator unit 36. The traveling ECU 14 performs the lane keep control and the lane departure prevention control for a lane on which the own vehicle M travels, on the basis of information such as lane line information included in the traveling environment information. This enables the traveling ECU 14 to keep the own vehicle M at the middle of the lane [i.e., a target travel line set in a lane]), and the controller is further configured to (Horiguchi, in at least Fig. 1, the traveling ECU 14) acquire a road curvature (CL) that is a curvature of the target traveling line, a lateral deviation (DL) that is a distance in a lane width direction between the target travel line and the own vehicle (Horiguchi, in at least Fig. 1, and [0033-0034], discloses on the basis of the distance image information, received from the IPU 12, the image recognition ECU 13 determines a road curvature [1/m] [i.e., acquire a road curvature (CL)] of each of lane lines that define left and right of a lane on which the own vehicle M travels along an own-vehicle traveling course. The image recognition ECU 13 calculates, the middle of the lane and an own vehicle lateral position deviation [i.e., a lateral deviation (DL)], on the basis of the curvature of each of the left and right lane lines and the lane width), and Further, Inoue teaches change the degree of intensity of the steering assistance, in accordance with the steering preference level (Inoue, in at least [0062], teaches the steering characteristics which vary depending on the driver's sex, physical characteristics, personality, preference, or individual specific circumstances are learned and used to set the cutoff frequency of the first filtering device. Preferably, the cutoff frequency is set according to the maximum output frequency of the driver [i.e., change the degree of intensity of the steering assistance, in accordance with the steering preference level]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi, as modified by Wary and Inoue, in view of Inoue with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – vehicle systems – and learn the driver steering preference and set the steering characteristics (or the steering intensity) based on the user preference and the combination would provide for changing characteristics of steering force, such as the dead zone, on the basis of a driver's private unique information (Inoue, see at least [0006]). Horiguchi, as modified by Inoue and Matsumura, is silent on a yaw angle deviation (θL) that is an angle between a tangential direction of the target traveling line and a traveling direction of the own vehicle, and calculate the steering control amount in the lane keeping control, based on a first term (K1⋅CL) that is a product of the road curvature (CL) and a first gain (K1), a second term (K2⋅DL) that is a product of the lateral deviation (DL) and a second gain (K2), and a third term (K3⋅θL) that is a product of the yaw angle deviation (θL) and a third gain (K3), and change the first gain, the second gain, and the third gain. However, Tekada teaches a yaw angle deviation (θL) that is an angle between a tangential direction of the target traveling line and a traveling direction of the own vehicle, and calculate the steering control amount in the lane keeping control (Tekada, in at least Fig. 2, [0060 & 0101], teaches in-lane running support controller 25 reads the in-lane running support information (vehicle yaw angle .phi.r with respect to the running lane [i.e., a yaw angle deviation (θL) that is an angle between a tangential direction of the target traveling line and a traveling direction of the own vehicle], lateral displacement X from the lane center, and curvature .rho. of the running lane) computed by surroundings recognition part 22, and the operation signal of direction indicating switch 23. When process flow goes to step S109, in-lane running support controller 25 computes target yaw moment Ms [i.e., calculate the steering control amount in the lane keeping control] generated in the vehicle), based on a first term (K1⋅CL) that is a product of the road curvature (CL) and a first gain (K1) (Tekada, in at least Fig. 2, and [0071], teaches in step S102, step S102 computes target turning angle .theta.opt by multiplying said lateral displacement gain KL, yaw angle gain KY, curvature gain KR [i.e., first gain (K1)]and turning angle gain KD by said vehicle parameters (lateral displacement X from the lane center, yaw angle .phi.r, curvature .rho. of the running lane [i.e., road curvature (CL)] and turning angle .theta.t), respectively, followed by adding the products), a second term (K2⋅DL) that is a product of the lateral deviation (DL) and a second gain (K2) (Tekada, in at least Fig. 2, and [0071], teaches in step S102, step S102 computes target turning angle .theta.opt by multiplying said lateral displacement gain KL [i.e., second gain (K2)], yaw angle gain KY, curvature gain KR and turning angle gain KD by said vehicle parameters (lateral displacement X from the lane center [i.e., lateral deviation (DL)], yaw angle .phi.r, curvature .rho. of the running lane and turning angle .theta.t), respectively, followed by adding the products), and a third term (K3⋅θL) that is a product of the yaw angle deviation (θL) and a third gain (K3) (Tekada, in at least Fig. 2, and [0071], teaches in step S102, step S102 computes target turning angle .theta.opt by multiplying said lateral displacement gain KL, yaw angle gain KY [i.e., third gain (K3)], curvature gain KR and turning angle gain KD by said vehicle parameters (lateral displacement X from the lane center, yaw angle .phi.r [i.e., yaw angle deviation (θL)], curvature .rho. of the running lane and turning angle .theta.t), respectively, followed by adding the products), and change the first gain, the second gain, and the third gain to change the degree of intensity of the steering assistance, in accordance with the steering preference level (Tekada, in at least Figs. 3-5, [0012-0014] teaches lateral displacement gain KL, yaw angle gain KY, curvature gain KR are set based on the vehicle speed [change the first gain, the second gain, and the third gain]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify Horiguchi, as modified by Inoue and Matsumura, in view of Tekada with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – Vehicle systems – and change steering characteristics by changing the lateral displacement gain, yaw angle gain, and curvature gain KR and the combination would provide for providing an improved feel for a driver of a vehicle (Tekada, see at least [0006]). Conclusion 14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wray et al. (US-20220274623-A1) teaches a vehicle controller which is configured to determine a learning goal, where the learning goal is to obtain a driver preference such as “Obtain driver acceleration preference.” 15. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Preston J Miller whose telephone number is (703)756-1582. The examiner can normally be reached Monday through Friday 7:30 AM - 4:30 PM EST. 18. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 19. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramya P Burgess can be reached at (571) 272-6011. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 20. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /P.J.M./Examiner, Art Unit 3661 /MATTHIAS S WEISFELD/Examiner, Art Unit 3661
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Prosecution Timeline

Nov 18, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection mailed — §103
May 28, 2026
Response Filed
Jun 26, 2026
Final Rejection mailed — §103 (current)

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