DETAILED ACTION
This Office Action is in response to Applicant's Application filed on 11/19/2024.
Claims 1-20 are pending for examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/19/2024, 7/28/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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) 1-8, 10, 12-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shimakage (US20190359215A1).
Regarding claim 1, Shimakage teaches A method comprising:
receiving, by one or more processors, data corresponding to a position of an autonomous vehicle relative to a position of each of a first vehicle and a second vehicle(Shimakage: Para 36 “When a surrounding vehicle is present around the subject vehicle, the control device 180 can use the ambient information acquisition function to acquire information on the position of the surrounding vehicle and the relative distance and relative speed between the subject vehicle and the surrounding vehicle as the ambient information from the ranging sensor 140”);
adjusting, by the one or more processors, a trajectory of the autonomous vehicle through a multi-lane turn in order to maintain a staggered position relative to the first vehicle and the second vehicle as the autonomous vehicle traverses the multi-lane turn(Shimakage: Fig. 12; Para 66 “a determination is made that the subject vehicle V1 can pass the forward adjacent vehicle V2 before the curve located ahead of the subject vehicle V1 when the inter-vehicle distance from the preceding vehicle V3 is set to D3 (step S115=Yes). The inter-vehicle distance from the preceding vehicle V3 is therefore changed to the distance D3 (step S116), and the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 (step S112). Thus, as illustrated in FIG. 12, the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to pass the forward adjacent vehicle V2 before the curve and to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 when traveling along the curve, and the subject vehicle V1 can thereby be controlled to travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”; Para 69 “the automated or autonomous speed control can be preferentially executed in which the subject vehicle is controlled to travel at the set speed in an automated or autonomous manner or the automated or autonomous distance control can be preferentially executed in which the subject vehicle is controlled to follow the preceding vehicle with the set distance in an automated or autonomous manner”); and
controlling, by the one or more processors, the autonomous vehicle through the multi-lane turn based on the adjusted trajectory(Shimakage: Fig. 12; Para 66 “the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to pass the forward adjacent vehicle V2 before the curve and to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 when traveling along the curve, and the subject vehicle V1 can thereby be controlled to travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”).
Regarding claim 2, Shimakage teaches The method of claim 1, wherein the adjusted trajectory is adjusted continuously as the autonomous vehicle traverses the multi-lane turn(Shimakage: Para 42 “The travel control process of the present embodiment will then be described. FIG. 2 is a flowchart illustrating the travel control process according to the present embodiment. The travel control process described below is executed by the control device 180. The travel control process described below is started when the ignition switch or power switch is turned on, and repeatedly executed with a predetermined period (e.g. every 10 ms) until the ignition switch or power switch is turned off”).
Regarding claim 3, Shimakage teaches The method of claim 1, wherein the first vehicle is positioned in an adjacent lane relative to the autonomous vehicle(Shimakage: Fig. 12 Element V2).
Regarding claim 4, Shimakage teaches The method of claim 3, wherein the second vehicle is positioned in the adjacent lane(Shimakage: Fig. 12 Element V3).
Regarding claim 5, Shimakage teaches The method of claim 3, wherein the autonomous vehicle is in an inside lane of the multi-lane turn(Shimakage: Fig. 12 Element V1; Para 66 “The inter-vehicle distance from the preceding vehicle V3 is therefore changed to the distance D3 (step S116), and the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 (step S112). Thus, as illustrated in FIG. 12, the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to pass the forward adjacent vehicle V2 before the curve and to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 when traveling along the curve, and the subject vehicle V1 can thereby be controlled to travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”; i.e. the figure shows the subject vehicle V1 in an inside lane of the multi-lane turn).
Regarding claim 6, Shimakage teaches The method of claim 1, wherein adjusting the adjusted trajectory includes adjusting velocity to maintain the staggered position(Shimakage: Para 61 “Accordingly, the speed control is performed in which the subject vehicle V1 is controlled to travel at the set vehicle speed which is set by the driver (step S110). Thus, as illustrated in FIG. 8, the speed control is performed in which the subject vehicle V1 is controlled to travel at the set vehicle speed which is set by the driver, and the subject vehicle V1 can thereby be controlled to pass the forward adjacent vehicle V2 before the curve and travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”)).
Regarding claim 7, Shimakage teaches The method of claim 1, wherein adjusting the adjusted trajectory includes adjusting acceleration of the autonomous vehicle to maintain the staggard position(Shimakage: Para 61 “Accordingly, the speed control is performed in which the subject vehicle V1 is controlled to travel at the set vehicle speed which is set by the driver (step S110). Thus, as illustrated in FIG. 8, the speed control is performed in which the subject vehicle V1 is controlled to travel at the set vehicle speed which is set by the driver, and the subject vehicle V1 can thereby be controlled to pass the forward adjacent vehicle V2 before the curve and travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”; i.e. speed control would encompass adjusting acceleration).
Regarding claim 8, Shimakage teaches The method of claim 1, further comprising, maintaining velocity of the autonomous vehicle in order to maintain the staggered position(Shimakage: Para 61 “Accordingly, the speed control is performed in which the subject vehicle V1 is controlled to travel at the set vehicle speed which is set by the driver (step S110). Thus, as illustrated in FIG. 8, the speed control is performed in which the subject vehicle V1 is controlled to travel at the set vehicle speed which is set by the driver, and the subject vehicle V1 can thereby be controlled to pass the forward adjacent vehicle V2 before the curve and travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”).
Regarding claim 10, Shimakage teaches The method of claim 1, further comprising:
determining that the autonomous vehicle is unable to maintain the staggard position(Shimakage: Fig. 2 Element S113 and S115; Para 63 “when a determination is made that a preceding vehicle is present ahead in the traveling lane for the subject vehicle, the process proceeds to step S113. In step S113, the passing determination function serves to determine whether or not the subject vehicle can pass the forward adjacent vehicle before the curve while maintaining an inter-vehicle distance D2 that is preliminarily set between the subject vehicle and the preceding vehicle”; Para 63 “On the other hand, when the subject vehicle cannot pass the forward adjacent vehicle before the curve while maintaining the inter-vehicle distance from the preceding vehicle at the inter-vehicle distance D2 which is preliminarily set, the process proceeds to step S115”; and
controlling the autonomous vehicle in order to pass or yield to a surrounding vehicle(Shimakage: Para 64 “In step S115, the passing determination function serves to determine whether or not the subject vehicle can pass the forward adjacent vehicle before the curve when changing the inter-vehicle distance between the preceding vehicle and the subject vehicle to an inter-vehicle distance D3 shorter than the set inter-vehicle distance D2 which is set by the user”; Para 64 “When the subject vehicle can pass the forward adjacent vehicle before the curve with the inter-vehicle distance D3 between the subject vehicle and the preceding vehicle, the process proceeds to step S116, in which the inter-vehicle distance setting function serves to change the inter-vehicle distance between the subject vehicle and the preceding vehicle to D3. Then, in step S112, the inter-vehicle distance control is performed in which the subject vehicle is controlled to travel with the inter-vehicle distance D3 from the preceding vehicle”).
Regarding claim 12, Shimakage teaches A method comprising:
receiving, by one or more processors, data corresponding to a position of an autonomous vehicle relative to a position of each of a first vehicle and a second vehicle(Shimakage: Para 36 “When a surrounding vehicle is present around the subject vehicle, the control device 180 can use the ambient information acquisition function to acquire information on the position of the surrounding vehicle and the relative distance and relative speed between the subject vehicle and the surrounding vehicle as the ambient information from the ranging sensor 140”);
attempting, by the one or more processors, to maintain a staggered position relative to the first vehicle and the second vehicle as the autonomous vehicle traverses a multi-lane turn(Shimakage: Fig. 12; Para 66 “a determination is made that the subject vehicle V1 can pass the forward adjacent vehicle V2 before the curve located ahead of the subject vehicle V1 when the inter-vehicle distance from the preceding vehicle V3 is set to D3 (step S115=Yes). The inter-vehicle distance from the preceding vehicle V3 is therefore changed to the distance D3 (step S116), and the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 (step S112). Thus, as illustrated in FIG. 12, the inter-vehicle distance control is performed in which the subject vehicle V1 is controlled to pass the forward adjacent vehicle V2 before the curve and to travel so that the subject vehicle V1 is separated from the preceding vehicle V3 by the inter-vehicle distance D3 when traveling along the curve, and the subject vehicle V1 can thereby be controlled to travel along the curve without traveling side by side with the forward adjacent vehicle V2 when traveling along the curve”);
determining that the autonomous vehicle is unable to maintain the staggard position(Shimakage: Fig. 2 Element S113 and S115; Para 63 “when a determination is made that a preceding vehicle is present ahead in the traveling lane for the subject vehicle, the process proceeds to step S113. In step S113, the passing determination function serves to determine whether or not the subject vehicle can pass the forward adjacent vehicle before the curve while maintaining an inter-vehicle distance D2 that is preliminarily set between the subject vehicle and the preceding vehicle”; Para 63 “On the other hand, when the subject vehicle cannot pass the forward adjacent vehicle before the curve while maintaining the inter-vehicle distance from the preceding vehicle at the inter-vehicle distance D2 which is preliminarily set, the process proceeds to step S115”); and
controlling, by the one or more processors, the autonomous vehicle in order to pass or yield to a surrounding vehicle(Shimakage: Para 64 “In step S115, the passing determination function serves to determine whether or not the subject vehicle can pass the forward adjacent vehicle before the curve when changing the inter-vehicle distance between the preceding vehicle and the subject vehicle to an inter-vehicle distance D3 shorter than the set inter-vehicle distance D2 which is set by the user”; Para 64 “When the subject vehicle can pass the forward adjacent vehicle before the curve with the inter-vehicle distance D3 between the subject vehicle and the preceding vehicle, the process proceeds to step S116, in which the inter-vehicle distance setting function serves to change the inter-vehicle distance between the subject vehicle and the preceding vehicle to D3. Then, in step S112, the inter-vehicle distance control is performed in which the subject vehicle is controlled to travel with the inter-vehicle distance D3 from the preceding vehicle”).
As per claim 13, it recites A method having limitations similar to those of claim 3 and therefore is rejected on the same basis.
As per claim 14, it recites A method having limitations similar to those of claim 4 and therefore is rejected on the same basis.
As per claim 15, it recites A method having limitations similar to those of claim 5 and therefore is rejected on the same basis.
As per claim 16, it recites A method having limitations similar to those of claim 6 and therefore is rejected on the same basis.
As per claim 17, it recites A method having limitations similar to those of claim 7 and therefore is rejected on the same basis.
As per claim 20, it recites A system comprising one or more processors having limitations similar to those of claim 1 and therefore is rejected on the same basis.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 11, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimakage (US20190359215A1) in view of Zhang (US20190072966A1).
In regards to claim 11, Shimakage teaches The method of claim 10.
Yet Shimakage do not explicitly teach wherein controlling the autonomous vehicle in order to pass or yield to a surrounding vehicle is based on passenger comfort levels.
However, in the same field of endeavor, Zhang teaches wherein controlling the autonomous vehicle in order to pass or yield to a surrounding vehicle is based on passenger comfort levels (Zhang: Para 39 “the computing system 170 may use input from the vehicle control system 146 in order to control the steering unit to avoid an obstacle detected by the vehicle sensor subsystem 144 and follow a path or trajectory generated by the prediction-based trajectory planning module 200”; Para 58 “The first proposed trajectory can also correspond to a particular path for directing the host vehicle 105 to perform a particular action, such as passing another vehicle, adjusting speed or heading to maintain separation from other vehicles, maneuvering the vehicle in turns, performing a controlled stop, or the like. In each of these cases, the first proposed trajectory may cause the host vehicle 105 to make a sequential change to its speed and/or heading. …. The trajectory processing module 173 can score the first proposed trajectory as related to the predicted trajectories for any of the proximate agents. The score for the first proposed trajectory relates to the level to which the first proposed trajectory complies with pre-defined goals for the host vehicle 105, including safety, efficiency, legality, passenger comfort, and the like”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify The method of Shimakage with the feature of wherein controlling the autonomous vehicle in order to pass or yield to a surrounding vehicle is based on passenger comfort levels disclosed by Zhang. One would be motivated to do so for the benefit of “perform control operations so that the vehicle may be safely driven by changing the driving path to avoid the obstacles” (Zhang: Para 4).
As per claim 19, it recites A method having limitations similar to those of claim 11 and therefore is rejected on the same basis.
Allowable Subject Matter
Claims 9 and 18 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.
The features “the trajectory is adjusted in order to increase visibility of the autonomous vehicle to one or more surrounding vehicles” in claims 9 and 18 when taken in the context of the claims as a whole, were not uncovered in the prior art teachings. In particular, trajectory adjustment of the vehicle to increase visibility to other vehicles is not disclosed in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prokhorov(US20160176398A1) disclosed a risk mitigation system for an autonomous vehicle relative to turning objects. The system includes a sensor system and a processor operatively connected to the sensor system. The sensor system can be configured to detect an object in an external environment that is turning toward the autonomous vehicle. The processor can be programmed to initiate executable operations. The executable operations can include determining whether the detected object will impinge upon the autonomous vehicle. The executable operations can also include, responsive to determining that the detected object will impinge upon the autonomous vehicle, determining a driving maneuver for the autonomous vehicle to avoid being impinged upon by the detected object. The executable operations can include causing the autonomous vehicle to implement the determined driving maneuver.
Ueda(US20200282997A1) disclosed a road recognizer that recognizes a road form around a vehicle; a second-vehicle recognizer that recognizes a state of another vehicle around the vehicle; and a driving controller that allows the vehicle to travel by controlling one or both of steering and acceleration/deceleration of the vehicle and that prevents, upon passing of the vehicle through an intersection, passing of the vehicle through the intersection based on a presence of the other vehicle recognized by the second-vehicle recognizer, wherein in a case where the driving controller recognizes, by the road recognizer, that a plurality of lanes are present in a road of a right/left turn destination of the vehicle and recognizes, by the second-vehicle recognizer, that the other vehicle, which was an opposing vehicle approaching from a direction opposing the vehicle, has entered a lane on a rear side in a view from the vehicle among the plurality of lanes in the road of the right/left turn destination, the driving controller continues an entry control to the road of the right/left turn destination of the vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WENYUAN YANG whose telephone number is (571)272-5455. The examiner can normally be reached Monday - Thursday 9:00AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hitesh Patel can be reached at (571) 270-5442. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.Y./Examiner, Art Unit 3667
/ANSHUL SOOD/Primary Examiner, Art Unit 3667