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 .
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)(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) 1-11 and 14 are rejected under 35 U.S.C. 102a1 as being anticipated by Gokan et al. (U.S. 20150307091A1). Gokan discloses “A vehicle acceleration suppression device and a vehicle acceleration suppression method, capable of activating acceleration suppression control appropriately, include a travel controller configured to determine a type of the obstacle (such as a wall, another vehicle, an edge stone, or a natural thing) based on at least a first-time detection distance that is the distance between a vehicle and an obstacle detected for the first time and a height determination distance that is the distance between the vehicle and the obstacle detected when the obstacle is determined to be a tall obstacle. Then, acceleration suppression control is carried out in a control manner depending on the determined type of the obstacle when it is determined that the vehicle has approached the obstacle at an approach degree equal to or higher than a predefined approach degree based on the distance between the vehicle and the obstacle.” (Abstract) and “In this manner, when it is determined that the decision level of the obstacle is Lv3, the throttle opening degree is limited to 0%, and in addition, the brake force corresponding to 0.25 G is generated. Further, when the vehicle MM approaches at a short distance (less than 50 cm) from the obstacle, the brake force corresponding to 0.5 G is generated.” (¶0135).
Regarding Claim 1, Gokan discloses: A vehicle pedal misapplication safety assist system (Fig. 1 and 3), the system comprising:
an obstacle detection sensor (Fig. 1, “ four sonars 1a to 1d are arranged at the front side and the rear side of the vehicle MM”; ¶0034) that is mounted in a vehicle to detect an obstacle (Fig. 2, obstacle) within a reference distance (Fig. 5, ¶0067; “FIG. 7 is a view illustrative of an example of the decision level determination threshold. In FIG. 7, a numerical unit is centimeter (cm). In the present embodiment, it is configured that the threshold TH13=350 cm, the threshold TH23=200 cm, the threshold TH33=300 cm, and the threshold TH43=200 cm.”; also Fig. 7);
an accelerator pedal sensor (Fig. 3, acceleration manipulation detection sensor 6) that detects a depression amount of an accelerator pedal;
a vehicle controller (Fig. 3, controller 10) configured to perform control for limiting a driving force of the vehicle (Fig. 11, S280) when a determination is made that the detected obstacle is within the reference distance (Yes to S230 or S250 corresponding to distance thresholds shown for Lv1, LV2, LV3 decision basis; Fig. 13) and the depression amount of the accelerator pedal is detected (Fig. 13, accelerator opening degree greater than 0%, e.g. “50%”; ¶0090, Fig. 4 S180), based on a detection signal of the obstacle detection sensor (Fig. 1, “ four sonars 1a to 1d are arranged at the front side and the rear side of the vehicle MM”; ¶0034) and a detection signal of the accelerator pedal sensor (Fig. 3, acceleration manipulation detection sensor 6);
and a brake controller configured to perform braking control according to a command from the vehicle controller when the driving force of the vehicle is limited and the distance to the detected obstacle reaches a braking setting distance. (Fig. 13; “In this manner, when it is determined that the decision level of the obstacle is Lv3, the throttle opening degree is limited to 0%, and in addition, the brake force corresponding to 0.25 G is generated. Further, when the vehicle MM approaches at a short distance (less than 50 cm) from the obstacle, the brake force corresponding to 0.5 G is generated.”; ¶0135)
Regarding Claims 2, Gokan further discloses: wherein the obstacle detection sensor comprises ultrasonic sensors mounted at front and rear positions of the vehicle (Fig. 1, “ four sonars 1a to 1d are arranged at the front side and the rear side of the vehicle MM”; ¶0034)
Regarding Claim 3 and 9, Gokan further discloses wherein the vehicle controller determines that there is the depression amount of the accelerator due to driver misapplication when a determination is made that the detected obstacle is within the reference distance (Fig. 13, obstacle detected), and when the depression amount of the accelerator pedal is within a set time or continues at 10 to 90% for a set time, based on the detection signal of the accelerator pedal sensor (Fig. 4, S180; ¶0089-0090, “In step S180, the acceleration suppression activation determination unit 10G determines whether or not the accelerator manipulation amount acquired in step S170 is equal to or larger than a predefined accelerator manipulation amount threshold. Herein, the accelerator manipulation amount threshold is set to, for example, a manipulation amount corresponding to 50% the accelerator opening degree of the accelerator pedal 19.”; Fig. 13 Accelerator opening degree continues larger than preset threshold for predetermined time)
Regarding Claim 4, Gokan further discloses: further comprising: an engine controller configured to perform control for limiting an engine torque (¶0030; “The drive device is configured to include an engine 15 as a drive source, and an engine controller 16 configured to control the torque (drive force) generated by the engine 15 to a value depending on an acceleration instruction value.”) to a creep torque corresponding to 0% of the depression amount of the accelerator pedal (¶0109; “To be specific, the acceleration suppression amount is operated such that the throttle opening degree (acceleration instruction value) is not larger than a second limit value (for example, 0%) based on the accelerator manipulation amount acquired in the above step S220.”) according to a command (Fig. 11, S280) from the vehicle controller to limit the driving force of the vehicle
Regarding Claim 5, Gokan further discloses: a motor controller configured to perform control for limiting a motor torque (“The drive device is configured to include an engine 15 as a drive source, and an engine controller 16 configured to control the torque (drive force) generated by the engine 15 to a value depending on an acceleration instruction value. It is to be noted that the drive source of the drive device is not limited to the engine 15, and may be an electric motor, or may have a hybrid configuration in which a motor is combined with the engine 15.”) to a creep torque corresponding to 0% of the depression amount of the accelerator pedal (¶0109; “To be specific, the acceleration suppression amount is operated such that the throttle opening degree (acceleration instruction value) is not larger than a second limit value (for example, 0%) based on the accelerator manipulation amount acquired in the above step S220.”) according to a command (Fig. 11, S280) from the vehicle controller to limit the driving force of the vehicle
Regarding Claim 6, Gokan further discloses wherein the vehicle controller releases the control for limiting the driving force of the vehicle and the braking control when a brake pedal depression amount detection signal is received from a brake pedal sensor (Fig. 4, S160 to S145; ¶0088)
Regarding Claim 7, Gokan discloses A vehicle pedal misapplication safety assist method (Fig. 4-5, 11-12), the method comprising:
detecting an obstacle (Fig. 2, obstacle) within a reference distance (Fig. 5, ¶0067; “FIG. 7 is a view illustrative of an example of the decision level determination threshold. In FIG. 7, a numerical unit is centimeter (cm). In the present embodiment, it is configured that the threshold TH13=350 cm, the threshold TH23=200 cm, the threshold TH33=300 cm, and the threshold TH43=200 cm.”; also Fig. 7) from a vehicle, by an obstacle detection sensor (Fig. 1, “ four sonars 1a to 1d are arranged at the front side and the rear side of the vehicle MM”; ¶0034);
detecting a depression amount of an accelerator pedal (Fig. 4, S180), by an accelerator pedal sensor (Fig. 3, acceleration manipulation detection sensor 6) ; performing control for limiting a driving force (Fig. 11, S280) of the vehicle when a determination is made that the detected obstacle is within the reference distance (Yes to S230 or S250 corresponding to distance thresholds shown for Lv1, LV2, LV3 decision basis; Fig. 13) and the depression amount of the accelerator pedal is detected (Fig. 13, accelerator opening degree greater than 0%, e.g. “50%”; ¶0090, Fig. 4 S180), based on a detection signal of the obstacle detection sensor (Fig. 1, “ four sonars 1a to 1d are arranged at the front side and the rear side of the vehicle MM”; ¶0034) and a detection signal of the accelerator pedal sensor (Fig. 3, acceleration manipulation detection sensor 6);, by a vehicle controller (Fig. 1 and 3, controller 10);
and performing braking control according to a command from the vehicle controller when the driving force of the vehicle is limited and the distance to the detected obstacle reaches a braking setting distance, by a brake controller (Fig. 13; “In this manner, when it is determined that the decision level of the obstacle is Lv3, the throttle opening degree is limited to 0%, and in addition, the brake force corresponding to 0.25 G is generated. Further, when the vehicle MM approaches at a short distance (less than 50 cm) from the obstacle, the brake force corresponding to 0.5 G is generated.”; ¶0135).
Regarding Claim 8, Gokan further discloses wherein the obstacle detection sensor comprises an ultrasonic sensor that detects the obstacle detection signal within the reference distance to the vehicle controller (Fig. 1, “ four sonars 1a to 1d are arranged at the front side and the rear side of the vehicle MM”; ¶0034)
Regarding Claim 10, Gokan further discloses wherein performing control for limiting the driving force for the vehicle comprises performing, under the control of an engine controller, control for limiting an engine torque (¶0030; “The drive device is configured to include an engine 15 as a drive source, and an engine controller 16 configured to control the torque (drive force) generated by the engine 15 to a value depending on an acceleration instruction value.”) to a creep torque corresponding to 0% of the depression amount of the accelerator pedal (¶0109; “To be specific, the acceleration suppression amount is operated such that the throttle opening degree (acceleration instruction value) is not larger than a second limit value (for example, 0%) based on the accelerator manipulation amount acquired in the above step S220.”) according to a command (Fig. 11, S280) from the vehicle controller to limit the driving force of the vehicle
Regarding Claim 11, wherein performing control for limiting the driving force for the vehicle comprises performing, under the control of an motor controller, control for limiting a motor torque (“The drive device is configured to include an engine 15 as a drive source, and an engine controller 16 configured to control the torque (drive force) generated by the engine 15 to a value depending on an acceleration instruction value. It is to be noted that the drive source of the drive device is not limited to the engine 15, and may be an electric motor, or may have a hybrid configuration in which a motor is combined with the engine 15.”) to a creep torque corresponding to 0% of the depression amount of the accelerator pedal (¶0109; “To be specific, the acceleration suppression amount is operated such that the throttle opening degree (acceleration instruction value) is not larger than a second limit value (for example, 0%) based on the accelerator manipulation amount acquired in the above step S220.”) according to a command (Fig. 11, S280) from the vehicle controller to limit the driving force of the vehicle
Regarding Claim 14, Gokan further discloses releasing, by the vehicle controller, the control for limiting the driving force of the vehicle and the braking control when a brake pedal depression amount detection signal is received from a brake pedal sensor (Fig. 4, S160 to S145; ¶0088)
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(s) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gokan et al. (U.S. 20150307091A1) in view of Miyahara (U.S. 2012/0191313A1). Miyahara discloses “The present invention relates to in-vehicle systems for detecting driver's unintended behavior or incorrect operation of the accelerator pedal of a motor vehicle, and for controlling the movement of the motor vehicle stably.” (¶0003).
Regarding Claim 12, Gokan discloses all the elements of Claim 7 as indicated above and further discloses performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display (¶0042; “the vehicle MM includes an information presentation device, not illustrated. The information presentation device is configured to output a warning or another presentation in a sound or image in response to a control signal from the travel controller 10. The information presentation device is configured to include, for example, a speaker to provide information to a driver in a buzzer or voice, and a display unit to provide information by presenting an image or text. The display unit may also use a display monitor of the navigation device 26.”)
However, Gokan does not explicitly disclose performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display of a possibility of accelerator pedal misapplication when the driving force of the vehicle is limited
Miyahara teaches: performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display of a possibility of accelerator pedal misapplication when the driving force of the vehicle is limited (Fig. 6, S460-S480; ¶0078 and ¶0096) in order to “to quickly inform to the driver the occurrence of incorrect operation of the accelerator pedal 1” (¶0134)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle driving force limiting system of Goken to incorporate the teachings of Miyahara to include performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display of a possibility of accelerator pedal misapplication when the driving force of the vehicle is limited in order to “to quickly inform to the driver the occurrence of incorrect operation of the accelerator pedal 1” (¶0134)
Regarding Claim 13, Gokan discloses all the elements of Claim 7 as indicated above and further discloses performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display (¶0042; “the vehicle MM includes an information presentation device, not illustrated. The information presentation device is configured to output a warning or another presentation in a sound or image in response to a control signal from the travel controller 10. The information presentation device is configured to include, for example, a speaker to provide information to a driver in a buzzer or voice, and a display unit to provide information by presenting an image or text. The display unit may also use a display monitor of the navigation device 26.”)
However, Gokan does not explicitly disclose performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display of a possibility of accelerator pedal misapplication when the braking control is performed.
Miyahara teaches: performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display of a possibility of accelerator pedal misapplication when the braking control is performed (Fig. 6, S430; ¶0078 and ¶0096) in order to “to quickly inform to the driver the occurrence of incorrect operation of the accelerator pedal 1” (¶0134)
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle driving force limiting system of Goken to incorporate the teachings of Miyahara to include performing, by the vehicle controller, a warning to notify through a vehicle cluster or a display of a possibility of accelerator pedal misapplication when the braking control is performed (Fig. 6, S430; ¶0078 and ¶0096) in order to “to quickly inform to the driver the occurrence of incorrect operation of the accelerator pedal 1” (¶0134)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen et al. (U.S. 2021/0237720A1) discloses “An AEB controller is configured to operate AEB if a laser radar detects an obstacle ahead, and stops operating the AEB if an accelerator pedal sensor detects an accelerator operation equal to or larger than a first operating amount. A PTC controller is configured to operate PTC in which engine power of an own vehicle is reduced and PTC autonomous braking is performed, if the obstacle ahead is detected and the accelerator operation equal to or larger than a second operating amount which is smaller than the first operating amount is detected, in a state where a vehicle speed detected by a vehicle speed sensor is within a predetermined vehicle speed range.” (Abstract)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R KIRBY whose telephone number is (571)270-3665. The examiner can normally be reached Telework: M-F, 9a-5p.
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/BRIAN R KIRBY/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747