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 .
Status of Claims
This Office Action is in response to the application filed on 11/26/2024. Claims 1-12 are presently pending and are presented for examination.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "target distance calculator that calculates", and "entry prohibition area setter that sets" in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claims 1, and 12 are rejected under 35 U.S.C. § 102(a)(1) as being unpatentable over Ohmura, US-20190389461-A1, hereinafter referred to as Ohmura 461.
As per claim 1
Ohmura 461 discloses [a] traveling support controller comprising at least one processor configured to implement (ECU 10 is composed of a computer comprising a CPU…brake control system 32 and the steering control system 33 to suitably activate an engine system, a brake system and a steering system, respectively - Ohmura 461 ¶37):
a target distance calculator that calculates a target distance between an ego vehicle and an object existing in front of the ego vehicle (an allowable upper limit-zero zone which is set at a position away from the object by a given distance, millimeter-wave radar 22 measures a distance between the vehicle 1 and the object, i.e., a vehicle-object distance, (e.g., inter-vehicle distance), vehicle-object distance X is less than to D0 (safe distance) - Ohmura 461 ¶11 & ¶40 & ¶51);
an entry prohibition area setter that sets an entry prohibition area at least behind the object (in a case where the given rearward distance Db for determining the rear boundary line 42B of the entry prohibition zone 42 is set as a distance from the rear end of the preceding vehicle 3 to the front end of the vehicle 1, the given rearward distance Db is expressed as follows: Db=2 - Ohmura 461 ¶70);
a vehicle controller that controls a speed of the ego vehicle so that a distance between the ego vehicle and the object approaches the target distance, while preventing the ego vehicle from entering into the entry prohibition area (the traveling speed of the vehicle 1 becomes lower than the traveling speed of the preceding vehicle 3…when entering the relative speed-zero zone 44, the vehicle is controlled to move out of the relative speed-zero zone 44, i.e., move away from the preceding vehicle 3 - Ohmura 461 ¶78),
wherein the entry prohibition area setter sets a rear distance of the entry prohibition area which is set behind the object, based on the speed of the ego vehicle and the target distance (given rearward distance Db for determining the rear boundary line 42B of the entry prohibition zone 42…set to be variable according to the traveling speed of the vehicle 1, When the entry prohibition zone 42 is changed in response to a change in the traveling speed Vp of the preceding vehicle 3…when the forward distance Da of the entry prohibition zone 42 is increased, a forward distance of each of the relative speed-zero zone 44 and the peripheral region of the speed distribution zone 40 is also increased, and a distance between the front boundary line 42A of the entry prohibition zone 42…is increased - Ohmura 461 ¶71 & ¶79).
As per claim 12
Ohmura 461 discloses [a] traveling support control method comprising (a vehicle control system provided in a vehicle - Ohmura 461 ¶6):
a target distance calculation step of calculating a target distance between an ego vehicle and an object existing in front of the ego vehicle (an allowable upper limit-zero zone which is set at a position away from the object by a given distance, millimeter-wave radar 22 measures a distance between the vehicle 1 and the object, i.e., a vehicle-object distance, (e.g., inter-vehicle distance), vehicle-object distance X is less than to D0 (safe distance) - Ohmura 461 ¶11 & ¶40 & ¶51);
an entry prohibition area setting step of setting an entry prohibition area at least behind the object (in a case where the given rearward distance Db for determining the rear boundary line 42B of the entry prohibition zone 42 is set as a distance from the rear end of the preceding vehicle 3 to the front end of the vehicle 1, the given rearward distance Db is expressed as follows: Db=2 - Ohmura 461 ¶70);
a vehicle control step of controlling a speed of the ego vehicle so that a distance between the ego vehicle and the object approaches the target distance, while preventing the ego vehicle from entering into the entry prohibition area (the traveling speed of the vehicle 1 becomes lower than the traveling speed of the preceding vehicle 3…when entering the relative speed-zero zone 44, the vehicle is controlled to move out of the relative speed-zero zone 44, i.e., move away from the preceding vehicle 3 - Ohmura 461 ¶78),
wherein, in the entry prohibition area setting step, setting a rear distance of the entry prohibition area which is set behind the object, based on the speed of the ego vehicle and the target distance (given rearward distance Db for determining the rear boundary line 42B of the entry prohibition zone 42…set to be variable according to the traveling speed of the vehicle 1, When the entry prohibition zone 42 is changed in response to a change in the traveling speed Vp of the preceding vehicle 3…when the forward distance Da of the entry prohibition zone 42 is increased, a forward distance of each of the relative speed-zero zone 44 and the peripheral region of the speed distribution zone 40 is also increased, and a distance between the front boundary line 42A of the entry prohibition zone 42…is increased - Ohmura 461 ¶71 & ¶79).
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.
Claims 2, and 3 are rejected under 35 U.S.C. § 103 as being unpatentable over Ohmura 461, as per claim 1, and further in view of Ohmura, US-20190256086-A1, hereinafter referred to as Ohmura 086.
As per claim 2
Ohmura 461 does not specifically disclose wherein the entry prohibition area setter sets a distance obtained by subtracting a distance obtained by multiplying a margin time to the speed of the ego vehicle, from the target distance, as the rear distance of the entry prohibition area.
However, Ohmura 086 teaches wherein the entry prohibition area setter sets a distance obtained by subtracting a distance obtained by multiplying a margin time to the speed of the ego vehicle, from the target distance, as the rear distance of the entry prohibition area (Vc denotes the traveling speed (m/s) of the vehicle 1, rear boundary line 44B of the relative speed-zero zone 44 is set at a position away from the rear boundary line 42B of the entry prohibition zone 42 rearwardly by a given rearward distance Kb. The given rearward distance Kb is determined by the following formula (5)., In the formula (5), THW is referred as Time-Headway, and represented with a time period from a time when the preceding vehicle 3 passes a certain point to a time when the vehicle 1 passes the point…a larger one of the time headway and the time-to-collision is taken. Further, k8 is a constant. In this embodiment, k8 is set to 2. - Ohmura 461 ¶86 & ¶87 & ¶88 - Examiner reasons that one of ordinary skill in the art before the earliest priority date would substitute a subtraction sign for the addition sign to minimize the size of the entry prohibition area to allow the two vehicles to follow closer together and take up less space on a roadway).
Ohmura 461 discloses a vehicle control system for assisting a traveling of a vehicle. Ohmura 086 teaches a vehicle control system for supporting traveling of a vehicle.
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 invention of Ohmura 461, a vehicle control system for assisting a traveling of a vehicle, with a vehicle control system for supporting traveling of a vehicle, as taught by Ohmura 086, with a reasonable expectation of success to prevent a passenger to feel less secure and support secure and safe driving, see Ohmura 461 ¶109 for details.
As per claim 3
Ohmura 461 does not specifically disclose by referring a stage table data in which a relation between a plurality of stages of a degree of length of the target distance, and a plurality of default values of margin time preliminarily set corresponding to each of the plurality of stages is set, the entry prohibition area setter reads the default value of margin time corresponding to the stage presently set, and sets it as the margin time.
However, Ohmura 086 teaches by referring a stage table data in which a relation between a plurality of stages of a degree of length of the target distance, and a plurality of default values of margin time preliminarily set corresponding to each of the plurality of stages is set, the entry prohibition area setter reads the default value of margin time corresponding to the stage presently set, and sets it as the margin time (Vc denotes the traveling speed (m/s) of the vehicle 1, rear boundary line 44B of the relative speed-zero zone 44 is set at a position away from the rear boundary line 42B of the entry prohibition zone 42 rearwardly by a given rearward distance Kb. The given rearward distance Kb is determined by the following formula (5)., In the formula (5), THW is referred as Time-Headway, and represented with a time period from a time when the preceding vehicle 3 passes a certain point to a time when the vehicle 1 passes the point…a larger one of the time headway and the time-to-collision is taken. Further, k8 is a constant. In this embodiment, k8 is set to 2. - Ohmura 461 ¶86 & ¶87 & ¶88 - Examiner reasons that it would be obvious to one of ordinary skill in the art before the earliest priority date that a change to the distance between vehicles leads to the increase in time between when two vehicles cross the same point in space one after the other).
Ohmura 461 discloses a vehicle control system for assisting a traveling of a vehicle. Ohmura 086 teaches a vehicle control system for supporting traveling of a vehicle.
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 invention of Ohmura 461, a vehicle control system for assisting a traveling of a vehicle, with a vehicle control system for supporting traveling of a vehicle, as taught by Ohmura 086, with a reasonable expectation of success to prevent a passenger to feel less secure and support secure and safe driving, see Ohmura 461 ¶109 for details.
Allowable Subject Matter
Claims 4-11 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 FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey S. Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.A.S./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668