DETAILED ACTION
This is the first office action regarding application number 18/966,163, filed December 3, 2024. This is a Non-Final Office Action on the merits, Claims 1-5 are currently pending and are addressed below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgement is made of applicants claim for foreign priority based on an application filed in Japan on February 26, 2024.
Information Disclosure Statement
The information disclosure statement filed on 12/3/2024 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Item 20 is mentioned in the spec but not in the drawings, item 26 indicates a driver assistance switch in the spec but is not in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character Item 22 indicates millimeter wave radar in the spec and navigation system in the drawings; Item 23 indicates navigation system in the spec and vehicle speed sensor in the drawings; Item 24 indicates vehicle speed sensor in the spec and acceleration sensor in the drawings; Item 25 indicates acceleration sensor in the spec and driver assistance switch in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Okazaki (US-20250326436).
Regarding claim 1, Okazaki teaches a driver assistance device comprising (Abstract, "A driving assistance device")
an on-vehicle sensor including a sensor that acquires a position and an attitude of an own vehicle with respect to a lane in which the own vehicle is traveling (Paragraph [0046], "In addition, the recognizer 110 recognizes, for example, a lane in which the host vehicle M is traveling (a traveling lane). For example, the recognizer 110 recognizes road division lines (hereinafter referred to as “division lines”) on the left and right of the host vehicle M based on a camera image captured by the camera 10, and recognizes the traveling lane on the basis of positions of the recognized division lines. The recognizer 110 may recognize the traveling lane by recognizing landmarks (traveling path boundaries, road boundaries) that can identify the position of a lane, including not only division lines but also road shoulders, curbs, medians, guard rails, fences, walls, and the like. In this recognition, the position of the host vehicle M acquired from the navigation device 50 and processing results by the INS may be taken into account.") (Paragraph [0048], “In addition, when the recognizer 110 recognizes the traveling lane, the recognizer 110 recognizes the position and posture of the host vehicle M relative to the traveling lane.“) (Paragraph [0039], "an azimuth sensor that detects a direction of the host vehicle M, and the like ... The vehicle sensor 40 may include a position sensor that acquires a position of the host vehicle M," here the system uses a plurality of sensors including a position and azimuth sensor in addition to a recognizer, the system uses these sensors in order to determine the lane the vehicle is traveling in)
and a sensor that acquires a vehicle speed of the own vehicle (Paragraph [0039], "The vehicle sensor 40 includes a vehicle speed sensor that detects a speed of the host vehicle M")
and a processor (Paragraph [0043], "The recognizer 110, the determiner 120, the driving controller 130, and the HMI controller 140 are realized by, for example, a hardware processor such as a central processing unit (CPU) executing a program (software)")
configured to execute lane keeping processing for controlling the own vehicle such that the own vehicle travels along the lane (Paragraph [0054], "The driving controller 130 includes, for example, a lane keeping controller 132 and a lane return controller 134.")
wherein the processor is configured to restrict execution of the lane keeping processing (Paragraph [0011], "receive an intention of a lane change of the vehicle according to an operation of an occupant of the vehicle, in which the driving controller stops the lane keeping control when the intention of the lane change is received by the receiver while the lane keeping control is executed," here based on a received intention the system which stops the lane keeping)
when a turn signal lamp of the own vehicle starts to operate under a condition that the own vehicle is traveling in a first lane (Paragraph [0050], "For example, when an operation of the turn signal switch 32 by the occupant is received and there is an adjacent lane in the direction indicated by the turn signal switch 32, the determiner 120 determines that the occupant intends to change the lanes of the host vehicle M," here the intention is a turn signal)
and then stop the operation of the turn signal lamp and release the restriction on the execution of the lane keeping processing when it is determined that lane change to a second lane adjacent to the first lane has been completed (See Figure 2 showing the system using LKAS control, lane keeping, then the vehicle initiates a lane change, such as with the signal as discussed above, and then resumes KLAS control again when the lane change has been completed)
and a predetermined release condition for determining that the own vehicle is enabled to be controlled to travel along the second lane is satisfied (Paragraph [0065], "resumes the LKAS control, which performs at least steering control so that the host vehicle M travels within the lane L2, on the basis of the position of the host vehicle M, steering information (a steering torque amount and a yaw rate), and positions of a result of the recognition (lines S3 and S4) of the division lines CL and RL of the lane L2 to which the lane is to be changed, recognized by the recognizer 110," here the system can resume the Lane keeping control based on a plurality of conditions such as position, steering, lane recognition).
Regarding claim 2, Okazaki teaches the system as discussed above in claim 1, Okazaki further teaches
wherein the processor is configured to determine (Paragraph [0043], "The recognizer 110, the determiner 120, the driving controller 130, and the HMI controller 140 are realized by, for example, a hardware processor such as a central processing unit (CPU) executing a program (software)")
based on information acquired from the on-vehicle sensor (Paragraph [0048], “In addition, when the recognizer 110 recognizes the traveling lane, the recognizer 110 recognizes the position and posture of the host vehicle M relative to the traveling lane.”)
that lane change from the first lane to the second lane has been completed when it is detected that all wheels of the own vehicle have entered the second lane (Paragraph [0064], “Conventionally, lane change is determined to be completed at a timing at which the center of the host vehicle M is positioned in a center of the lane L2 after the lane change (a time t6 at which the host vehicle M reaches a point P5), and the LKAS control is executed to cause the host vehicle to travel within the lane L2 on the basis of the position of the division lines CL and RL that divide the lane L2 at this timing,” here the system determines that the lane change is completed when the center of the vehicle is in the center of the new lane and therefore all wheels are within the new lane) (See Figure 2 showing the vehicle entering the second lane at P3 and when all four wheels have entered the lane the steering control resumes at P4).
Regarding claim 3, Okazaki teaches the system as discussed above in claim 1, Okazaki further teaches
wherein the processor is configured to assume that the lane keeping processing is resumed from a current time point when determining that the lane change has been completed (See Figure 2 showing the system using LKAS control, lane keeping, then the vehicle initiates a lane change, such as with the signal as discussed above, and then resumes KLAS control again when the lane change has been completed)
calculate a predicted trajectory which is an area through which the own vehicle is predicted to have passed (Paragraph [0051], “For example, after determining that the occupant intends to change the lanes of the host vehicle M, the determiner 120 determines whether there is a possibility of contact between the host vehicle M and another vehicle traveling in a lane to which the lane of the host vehicle M is to be changed,” here the system is calculating a predicted path of the host vehicle to determine if there is a possibility of contact with a second vehicle)
until a predetermined condition regarding the position and the attitude of the own vehicle with respect to the second lane is satisfied by execution of the lane keeping processing and determine that the release condition is satisfied when the predicted trajectory falls within the second lane (Paragraph [0065], “The lane keeping controller 132 resumes the LKAS control, which performs at least steering control so that the host vehicle M travels within the lane L2, on the basis of the position of the host vehicle M, steering information (a steering torque amount and a yaw rate), and positions of a result of the recognition (lines S3 and S4) of the division lines CL and RL of the lane L2 to which the lane is to be changed, recognized by the recognizer 110, at a timing before a timing at which the lane change from the lane L1 to the lane L2 is completed according to, for example, the steering operation of the occupant as shown in FIG. 3 (in other words, during execution of steering control to position the center of the host vehicle M in the center of the lane L2),” here the system can determine that the vehicle can resume lane keeping control when the steering control/trajectory travels within the new lane and the condition is fulfilled).
Regarding claim 4, Okazaki teaches the system as discussed above in claim 1, Okazaki further teaches
wherein the processor is configured to stop an operation of the turn signal lamp when a cancel condition for determining that it is difficult to perform the lane keeping processing on the second lane is satisfied in a period of time before it is determined that lane change from the first lane to the second lane has been completed after detecting that the turn signal lamp starts to operate during traveling of the own vehicle in the first lane (Paragraph [0051], “For example, after determining that the occupant intends to change the lanes of the host vehicle M, the determiner 120 determines whether there is a possibility of contact between the host vehicle M and another vehicle traveling in a lane to which the lane of the host vehicle M is to be changed.“) (Paragraph [0071], “Next, at a time t4 (a point P3), when the determiner 120 determines that there is a possibility of contact between the host vehicle M and the other vehicle m1, the lane return controller 134 executes lane return control to return the lane of the host vehicle to the lane L1 before the lane change. In addition, the lane return controller 134 may also notify the occupant by causing the HMI controller 140 to output from the HMI 30 information indicating that there is another vehicle that may come into contact with the host vehicle M and that the first operation control to return to the lane L1 will be executed,” here the system stops the lane change operation and the turn signal lamp when contact with another vehicle/cancel condition is determined before the lane change operation is completed) (See Figure 4 showing the system determining a cancel condition and returning to the original lane).
Regarding claim 5, Okazaki teaches the system as discussed above in claim 1, Okazaki further teaches
wherein the processor is configured to determine that the cancel condition is satisfied when a width of the second lane is equal to or less than a threshold value OR when an obstacle is present in the second lane (Paragraph [0051], “For example, after determining that the occupant intends to change the lanes of the host vehicle M, the determiner 120 determines whether there is a possibility of contact between the host vehicle M and another vehicle traveling in a lane to which the lane of the host vehicle M is to be changed.“) (Paragraph [0071], “Next, at a time t4 (a point P3), when the determiner 120 determines that there is a possibility of contact between the host vehicle M and the other vehicle m1, the lane return controller 134 executes lane return control to return the lane of the host vehicle to the lane L1 before the lane change. In addition, the lane return controller 134 may also notify the occupant by causing the HMI controller 140 to output from the HMI 30 information indicating that there is another vehicle that may come into contact with the host vehicle M and that the first operation control to return to the lane L1 will be executed,” here the system stops the lane change operation and the turn signal lamp when contact with another vehicle/cancel condition is determined before the lane change operation is completed) (See Figure 4 showing the system determining a cancel condition and returning to the original lane).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Itazuri (US-20220363525) teaches a lane departure prevention device includes a control unit that executes lane keeping control (automatic steering of a steering wheel and/or issuing of a warning) when it is determined that a vehicle may move out of a lane. Fukutomi (US-20220204082) teaches a lane departure prevention device that, when a risk that a vehicle departs from a lane is determined, issues a warning, steers a steering wheel, and prevent the departure. Hashimoto (US-20180134290) teaches using lane departure suppression control and lane keeping assist based on a driver input.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER FEES whose telephone number is (303)297-4343. The examiner can normally be reached Monday-Thursday 7:30 - 5:30 MT.
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/CHRISTOPHER GEORGE FEES/Examiner, Art Unit 3662