DETAILED ACTION
Response to Amendment
This office action regarding application number 18/966,163, filed December 3, 2024 is in response to the applicants arguments and amendments filed April 21, 2026. 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 .
Response to Arguments
The applicants arguments and amendments to the application have overcome some of the objections and rejections previously set forth in the Non-Final action mailed February 2, 2026. Applicants amendments to the drawings have been deemed sufficient to overcome the previous objections through the correction of minor errors, therefore the objections are withdrawn.
However Applicants arguments have been fully considered but are not fully persuasive for the reasons seen below, therefore the rejections under 35 USC 102 are maintained.
On pages 6-7 the applicant argues “However, D1 fails to describe that operation of the turn signal lamp is stopped as part of the lane keeping processing when the conditions of a "lane change to a second lane adjacent to the first lane 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" are both satisfied, as recited in claim 1. Although D1 does describe that the "time t2... indicates a timing at which an operation of the turn signal switch 32 (hereinafter referred to as "turn signal operation") by the occupant to turn on a right turn signal of the host vehicle M is received", the Applicant submits that this described operation of the turn signal switch is merely an input indicating the occupant's intention to change lanes. In particular, nowhere in paragraphs [0065]-[0068], which continue the description of the lane-keeping control, is there a description that operation of the of the turn signal lamp is stopped by the lane keeping processing when both a "lane change to a second lane adjacent to the first lane 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" are satisfied (see, e.g., the present specification at paragraphs [0042]-[0045]). Accordingly, D1 simply discloses stopping or interrupting execution of the lane-keeping control in response to a determination that there is a possibility of colliding with another vehicle (see, e.g., D1 at paragraphs [0068]-[0074]). In contrast, claim 1 recites that the operation of the turn signal lamp is stopped by the lane keeping processing after the lane change is completed and the cancellation condition is satisfied. Thus, in view of the omission in the disclosure of D1 with regard to at least the above described features, the Applicant submits that D1 does not disclose the stopping of the turn signal lamp operation by the lane keeping processing after the lane change is completed and the cancellation condition is satisfied.”, the examiner respectfully disagrees.
MPEP 2131-2139 discusses the requirements for a case of anticipation using 35 USC 102 and provides examples of such cases. MPEP 2111 discusses Broadest Reasonable Interpretation and the interpretation of claims.
As discussed in the rejections below Okazaki teaches systems and methods which assist a driver with control of a vehicle, this vehicle control assistance includes lane keeping assistance (Paragraph [0054], "The driving controller 130 includes, for example, a lane keeping controller 132 and a lane return controller 134."); the system will also recognize a driver intention received using a turn signal indicator which interrupts the lane keeping assistance while a lane change is completed (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); then when the system has determined that the lane change operation is completed the system will resume lane keeping assistance (Paragraph [0090], “stop the lane keeping control when the intention to change the lane is received while the lane keeping control is being executed, and resume the lane keeping control at a timing before a timing at which the lane change is completed”); here when the vehicle has entered the new lane L2 the LKAS will resume to center the vehicle within the new lane (Paragraph [0064], “When the predetermined position of the host vehicle M enters the lane L2, the lane keeping controller 132 executes steering control (first steering control) so that the center of the host vehicle M travels in the center of the lane L2 based on the result of recognition (lines S3 and S4) of the division lines of the lane L2 by the recognizer 110. In this manner, the LKAS control resumes at the timing at which the predetermined position of the host vehicle M crosses the division line CL and enters the lane L2, so that the LKAS control takes over part of the lane change of the host vehicle M, and steering adjustment in the vehicle width direction is performed by the LKAS control”) this action of returning LKAS control resets the turn signal switch, the action of receiving an intention to change lanes and the operation of LKAS are mutually exclusive state of the vehicle, if the turn signal switch is operational the LKAS cannot resume, and when the LKAS control is resuming the switch is inactive.
Therefore Okazaki teaches operation of the turn signal lamp is stopped as part of the lane keeping processing when the conditions of a lane change to a second lane adjacent to the first lane has been completed, and the rejection under 35 USC 102 is maintained.
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 LKAS 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.
THIS ACTION IS MADE FINAL. 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.
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.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aniss Chad can be reached at (571) 270-3832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GEORGE FEES/Primary Examiner, Art Unit 3662
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