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 application number 18/983,992 filed on 6/11/2026, in which Claims 1-10, 12-16, and 18-21 are presented for examination. Applicant amends Claims 1, 4-5, 8, 12-16, 18-19, cancels Claims 11 and 17, and adds new Claim 21.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/17/2024 has been received and considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, for Application No. SE2450043-1.
Response to Arguments
Applicant’s arguments, see pgs. 2 and 10, filed 6/11/2026, with respect to the objections to the drawings have been fully considered and are persuasive. The objections to the drawings set forth in the of 3/11/2026 have been withdrawn. However, in light of the amendments, new objections to the drawings are introduced. Further details are provided below.
Applicant’s arguments, see pgs. , filed 6/11/2026, with respect to the objections to the have been fully considered and are persuasive. The objections to the of 3/11/2026 have been withdrawn.
Applicant’s arguments, see pgs. , filed 6/11/2026, with respect to the objections to have been fully considered and are persuasive. The objections to of 3/11/2026 have been withdrawn. The objections to Claims 16 and 19 set forth in the office action of 3/11/2026 are maintained. In light of the amendments, new objections to Claims 13-15 are introduced. Further details are provided below.
Applicant’s arguments, see pgs. , filed 6/11/2026, with respect to the have been fully considered but are not persuasive. The claim interpretation of Claims 1, 16, and 18-19 under 35 U.S.C. 112(f) of 3/11/2026 are maintained. In light of the amendments, an updated interpretation is provided for Claims 16 and 18-19 and a new interpretation is provided for Claim 21. Further details are provided below.
Applicant’s arguments, see pgs. , filed 6/11/2026, with respect to the have been fully considered and are persuasive. The rejection of Claims 4-5 and 8-9 under 35 U.S.C. 112(b) of 3/11/2026 have been withdrawn. However, in light of the amendments, new rejections to Claims 1-10, 12-16, and 18-21 under 35 U.S.C. 112(b) are introduced. Further details are provided below.
Applicant’s arguments, see pgs. , filed 6/11/2026, with respect to the have been fully considered but are not fully persuasive and are moot because they are directed towards the amendments of Claims 1, 16, and 18-19 and new Claim 21.
Applicant argues that the amendments to Claims 1, 16, 18, and 19 require that the invention identify a specific preceding vehicle and determine a probability of a slowdown of the specific preceding vehicle before switching modes. Applicant further argues that Sata does not discuss identifying a specific preceding vehicle and determining a probability of a slowdown of the specific preceding vehicle. Applicant states that, instead, Sata discusses predicting general traffic conditions on road segments based on map data and historical patterns. Applicant cites [Sata, pgs. 6-7, para 0067], stating that Sata’s system predicts traffic patterns based on geographic and historical data, but does not identify or track any specific preceding vehicle to predict the vehicle’s behavior. Applicant further argues that Muyshondt discusses detecting general “stop events” and does not discuss identifying and tracking a specific preceding vehicle to predict the vehicle’s behavior. Applicant cites [Muyshondt, pg., para 0138], stating that Muyshondt discusses a detection of a stop event on the road ahead of the vehicle, where the event will cause the vehicle to stop.
Applicant further argues that new Claim 21 recites language that inherently requires identifying and tracking a specific preceding vehicle, for example, at least because it recites monitoring signal light or lateral position of a preceding vehicle, which requires identifying a specific preceding vehicle. Applicant argues that neither Sata nor Muyshondt teach the methods recited in Claim 21 for obtaining a probability of a possible slowdown of a preceding vehicle and instead, as already stated, discuss general traffic conditions or stop events. Applicant argues that none of the remaining cited references, Mueller, Schumann, Cha, or Tashiro, remedy the missing teaching for identifying and tracking a specific preceding vehicle to determine a probability of the specific vehicle’s slowdown or the elements of new Claim 21.
Therefore, Applicant argues that Claims 1, 16, 18, 19, and 21 are patentable.
Although Examiner agrees that Sata discusses using map data indicating heavy traffic ahead to calculate a probability of switching modes and does not discuss the probability of slowdown of a specific preceding vehicle, Examiner respectfully disagrees the Muyshondt does not teach a probability of a slowdown of a specific preceding vehicle. The amendments to Claims 1, 16, 18, and 19 and new Claim 21 further define a slowdown as a slowdown of a specific vehicle preceding the host vehicle and also how that slowdown is identified, i.e. using a probability. Sata discusses changing modes based on a possible slowdown, where Muyshondt defines a possible slowdown to include predictions about a specific preceding vehicle. Muyshondt, [pg. 1, paras 0006-0007] discusses identifying a specific preceding vehicle and a traffic jam and [pg. 1, para 0012] defines a “stop location” as a location, “where the vehicle will have to stop because of a possible event occurring ahead of the vehicle on or near a road where the latter is moving." Additionally, Muyshondt, [pgs. 1-2, paras 15 and 0020-0021], further explains that a stop location considers a possibility that the ego vehicle is forced to stop, using predefined rules and/or calculations, where the system uses detection of possible events ahead of the vehicle, including traffic or an object, such as a preceding vehicle. Again, Muyshondt, [pg. 5, para 0099], explains that the information is predicted information, based on a future estimated position, speed, etc. of the vehicle and objects, such as a preceding vehicle as stated above, and uses a probabilistic approach using the number and speed of vehicles ahead of the ego vehicle. Finally, Muyshondt, [pgs. 6-9, paras 0109-0111 and pgs. 8-9, paras 0138-0139] discuss determining and using “probability or prediction of occurrence of a traffic jam” and a threshold for determining a stop location and making driving control decisions.
Finally, as stated above, Muyshondt does identify a specific preceding vehicle and, further, [pgs. 7-8, paras 0122-0135], does discuss that the ego monitors specific vehicles in a cross section, including monitoring for blinking indicators, to determine cross traffic, for adapting driving controls. Further, Tashiro also discusses a specific preceding vehicle, as stated in the original rejection, Tashiro, [pgs. 2-3, paras 0041-0045], discusses the host vehicle following a preceding vehicle and monitoring that preceding vehicle, including monitoring a blinker signal of that preceding vehicle for determining host vehicle actions.
Therefore, in light of the amendments, an updated rejection of Claims 1- is made. Further details are provided below.
Drawings
The drawings are objected to because:
FIG. 4.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claims objected to because of the following informalities:
Claims 13-15 depend from cancelled Claim 11. For examination purposes, Claims 13-15 will be read as depending from Claim 1.
Claims 16 and 19 contain unclear formatting and language, specifically making the distinction between the preamble and the body unclear:
Claim 16 (line 7): “
Claim 19 (line 1): a new line should being after “comprising”.
Appropriate correction is required.
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:
[control] arrangement [being] configured to in Claims 1 (line 3), Claim 16 (lines 5 and 8), and Claim 21 (lines 2-3),
[control] arrangement for controlling in Claim 18 (line 1), and,
[control arrangement comprises one or more computing] devices configured to in Claim 18 (lines 5-6) and Claim 19 (lines 5-6).
Corresponding structure is found in the specification for “control arrangement.” The specification describes the “control arrangement” as comprising a computer and memory, [pg. 30, lines 30-37], “The control arrangement 21 may comprise a computer which may take the form of substantially any suitable type of hardware or hardware/firmware device implemented using processing circuity such as, but not limited to, a processor, […], or any other device capable of electronically performing operations in a defined manner, or other,” and may be operably connected to other components, [pg. 31, lines 5-29], “The control arrangement 21 may further comprise a memory unit, wherein the computer may be connected to the memory unit, which may provide the computer with, for example, stored program code and/or stored data which the computer may need to enable it to do calculations,” such as sensors [pg. 15, lines 21-30], “The sensor assembly 23 is operably connected to the control arrangement 21,” or as a part of a computer, [pg. 30, lines 15-16], “The computer may be comprised in the control arrangement 21.”
Corresponding structure is not explicitly found in specification for “computing devices,” and as stated in MPEP 2181(I)(A) a “device for” is considered as a non-structural generic placeholder. As stated above, the specification does describe the control arrangement as [pg. 30, lines 30-37], “any suitable type of hardware or hardware/firmware device implemented using processing circuity such as, but not limited to, a processor,” [pg. 31, lines 5-29], “further compris[ing] a memory unit, wherein the computer may be connected to the memory unit,” where, similar to the language of Claims 16, 18, and 19, [pg. 30, lines 15-16], “The computer may be comprised in the control arrangement 21.”
Therefore, both the “control arrangement” and “computing devices” will be interpreted as a computer, such as a control unit or module.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 (lines 2-3 and 5), Claim 4 (lines 2-3 and 5), Claim 8 (line 4), Claim 9 (lines 2-3), Claim 10 (lines 2-3), and Claim 20 (line 1) recite “the vehicle.” There is insufficient antecedent basis for this limitation in the claim. Claim 3-4, 8-10, and 20 should recite “the first vehicle”
Claim 1 (lines 11-12) and Claim 2 (lines 5-6) “the obtained probability.” Based on the language of Claim 13 (line 6), Claim 14 (line 6), and Claim 15 (line 5), there is insufficient antecedent basis for this limitation in the claim and Claims 1 and 2 should recite “the probability.” Additionally, all of the recited “probabilities” are being interpreted as the same probability, where they are just determined or obtained in different ways. Therefore, based on this interpretation, Claims 12-15 (lines 1-2) should also be “determining the probability that the preceding second vehicle will experience the slowdown event,” which is also consistent with formatting with the language “the preceding second vehicle” in Claims 12-15 (lines 1-2). Finally, “the obtained probability” recited in Claim 16 (lines 12-13), Claim 18 (lines 11-12), Claim 19 (lines 11-12) and Claim 21 (lines 21-22) should also be “the probability.”
Claims 5-7 are rejected by dependency on Claims 1 and 2.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 13-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sata, PG Pub US-2019/0111925-A1 (herein "Sata") in view of Muyshondt, PG Pub US-2022/0153266-A1 (herein "Muyshondt").
Regarding Claim 1, Sata discloses: (Currently Amended) A method of controlling operation of a first vehicle, wherein the first vehicle comprises a propulsion system, and wherein the method is performed by a control arrangement, the control arrangement being configured to operate the propulsion system in at least two modes of operation with differing energy conservation characteristics. See [Sata, pg. 2, para 0015], which describes a vehicle using an economy mode, which has a motor and engine, “FIG. 1A illustrates a vehicle 102 using an economy driving mode, whereby the operations of the vehicle 102 are adjusted to render the vehicle 102 more energy efficient. In some embodiments, in the economy driving mode, air conditioning usage is minimized, and in the case of a hybrid vehicle with a motor and an engine, more of the motor is used instead of the engine.” See also [Sata, pg. 2, para 0022], which explains that the vehicle contains multiple electronic control units for controlling functions of the vehicle, “The vehicle 102 may include one or more computers or electronic control units (ECUs) 106, appropriately programmed, to control one or more operations of the vehicle 102. The one or more ECUs 106 may be implemented as a single ECU or in multiple ECUs. The ECU 106 may be electrically coupled to some or all of the components of the vehicle 102. In some embodiments, the ECU 106 is a central ECU configured to control one or more operations of the entire vehicle 102. In some embodiments, the ECU 106 is multiple ECUs located across the vehicle 102 and each configured to control one or more local operations of the vehicle 102,” and [Sata, pg. 3, para 0033], which further explains that the vehicle components include controls for various aspects of the vehicle power, “The vehicle 102 may have a vehicle operations array 108 including multiple vehicle components each controlling one or more aspects of the vehicle 102. The vehicle operations array 108 includes a suspension 130, a throttle control 132, a shift control 134, an AC control 136, a traction control 138, and/or a stability control 140. In other embodiments, a power control or a differential control may be included and the operations thereof may be adjusted based on the driving mode. Any other systems of the vehicle 102 may be adjusted based on the driving mode, and the systems discussed herein are illustrative and non-limiting.” Finally see [Sata, FIG. 3 and pg. 4, paras 0043 and 0045], which shows the various vehicle modes that include an eco-mode, a comfort mode, a normal mode, a sport mode, and a track mode, “[0043] As shown in table 300, an economy driving mode may have a standard suspension sensitivity setting, a low throttle sensitivity, standard shift points, a low AC usage, an active traction control, and an active stability control. In some embodiments, when the vehicle 102 is a hybrid vehicle, the economy driving mode includes additional use of the battery powered motor, and less use of the engine. The economy driving mode may be suitable for long stretches of driving where the vehicle 102 maintains a relatively consistent speed. The economy driving mode may also be suitable for traffic situations where the vehicle 102 experiences a significant amount of stops. […]. [0045] Also as shown in table 300, the normal driving mode, which is on the more aggressive side relative to the comfort driving mode, may have a standard suspension, a standard throttle sensitivity, standard shift points, a standard AC usage, an active traction control, and an active stability control. When features of the road are unclear or when there is significant variance within a small location radius, the standard driving mode may be used.”
Sata further discloses: switching between the at least two modes of operation of the first vehicle based on the obtained probability […] vehicle will experience the slowdown event. See [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic, “After step 512, the process 500 may repeat, with the GPS unit 124 determining a new location of the vehicle 102, such that the driving mode may automatically change without driver input. The timing of when to switch from a first driving mode to a second driving mode may be determined by the ECU 106 based on a direction of travel determined by the GPS unit 124. In some embodiments, the ECU 106 may, at any given location, determine a likelihood of transitioning to a different driving mode, and when the likelihood exceeds a threshold value, the ECU 106 may transition to the different driving mode at a location or time which would be least noticeable to the driver. For example, if the vehicle 102 is driving along an empty freeway, but is travelling in a direction where heavy traffic is approaching ahead of the vehicle 102, the ECU 106 may determine the vehicle is 90% likely going to switch to the economy driving mode as a result of encountering this traffic. The ECU 106 may further determine that the vehicle 102 should switch from the comfort driving mode to the economy driving mode the next time the driver steps off of the accelerator pedal within two miles of the upcoming traffic. In this example, the probability of encountering the traffic may be determined based on the map data, as there may be limited freeway exit points along the route, and/or may be determined based on the vehicle travel history, as the driver may frequently drive on this freeway through the location where there is traffic. By anticipating the switch to the different driving mode, the switch to the different driving mode can be made when the driver may least feel the change in driving modes.”
Sata does not explicitly disclose: […], said method comprising: identifying a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; and [… the obtained probability] that the preceding second vehicle will experience the slowdown event.
However, Muyshondt teaches: […], said method comprising: identifying a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; and [… the obtained probability] that the preceding second vehicle will experience the slowdown event. See [Muyshondt, pg. 1, paras 0006-0007], which discusses identifying a specific preceding vehicle and a traffic jam, “[0006] In particular, the advanced cruise control system has a sensor system for locating preceding vehicles and a controller which regulates the speed of the ego vehicle and/or the clearance from a preceding vehicle, based on specified control parameters. [0007] The above advanced cruise control system is focused on a situation in which a traffic jam situation is detected while an ego vehicle is moving on a road,” and [Muyshondt, pg. 1, para 0012], which defines a “stop location” as a location where the vehicle must stop because of a possible event occurring ahead of the vehicle, “ [0012] a stop location determination system configured to determine a stop location where the vehicle will have to stop because of a possible event occurring ahead of the vehicle on or near a road where the latter is moving.” See also [Muyshondt, pgs. 1-2, paras 0015 and 0020-0021], which further explains that a stop location considers a possibility that the ego vehicle is forced to stop, using predefined rules and/or calculations, where the system uses detection of possible evens ahead of the vehicle, including traffic or an object, such as a preceding vehicle, “[0015] […] normal[] stop according to predefined rules and/or calculations (because of the possible occurrence of an event on or near the road that forces or should force the ego vehicle to stop) […]. […]. [0020] […] system configured to detect possible events occurring ahead of the vehicle on or near the road where the latter is moving and for which the vehicle will have to stop. [0021] […], the possible events may include an object located on the road ahead of the vehicle or a traffic jam; the object may be one of the following: a preceding vehicle […]." See also [Muyshondt, pg. 5, para 0099], which explains that the information is predicted information, based on a future estimated position, speed, etc. of the vehicle and objects, such as a preceding vehicle as stated above, and uses a probabilistic approach using the number and speed of vehicles ahead of the ego vehicle, “[0099] calculated/generated predicted or estimated information comprises information about the future estimated position, trajectory, speed, acceleration, of the ego vehicle and of the mobile objects surrounding the latter with respect to the infrastructure. In particular, this information can include information about a possible traffic jam that is occurring or about to be occurring ahead of the ego vehicle on the road where the latter is moving. The calculated/generated predicted or estimated information about the traffic jam may be based on a probabilistic approach using, e.g. the number and speed of vehicles ahead of the ego vehicle, the distance between the latter and these vehicles, the speed of the ego vehicle, traffic information, etc.” Finally see [Muyshondt, pgs. 6-9, paras 0109-0111 and pgs. 8-9, paras 0138-0139], which discuss determining and using a “probability or prediction of occurrence of a traffic jam” or a stationary preceding vehicle with a threshold for determining a stop location and making driving control decisions, “Such events include the above-mentioned object O as well as a possible traffic jam involving a number of mobile objects (vehicles). The detection system uses the above described information that is generated/calculated by vehicle situation information unit 140, including the predicted or estimated information, in particular concerning the possible occurrence of a traffic jam and its probability of occurrence. […]. Thus, it will be possible to identify the possible ‘stop event(s)’ farther ahead on the road (in this respect, a probability or prediction of occurrence of a traffic jam greater than a predetermined threshold can be detected) […]. […] ego vehicle 1 will have to stop because of the occurring event O […] where the object O is a preceding vehicle […]. […]. [0138] "S3) detecting occurrence of a ‘stop event’ 0 on the road ahead of the ego vehicle, i.e. an event that will cause the ego vehicle to stop such as a traffic jam (the probability of occurrence of a traffic jam that is greater than a predetermined threshold may be used) or an object on the road such as already explained above: a stationary preceding vehicle, […]. […]. S6) adapting at least one driving control of the ego vehicle, based on the determination that the determined stop location SL is a cross traffic location CTL. […]. S7) generating a driving control which, when sent to drive system 200, will cause the ego vehicle to stop at the determined stop location SL without incurring the risk of blocking a possible, e.g. transverse, cross traffic flow. This step is the same as the step performed when no cross traffic has been detected/identified or the probability of occurrence of cross traffic is less than a threshold as explained above. However, the situation is different since the above determined SL is a cross traffic location and a decision is taken so as not to stop before the cross traffic location for the reasons given above."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to identify a preceding vehicle and specify that using probability a preceding vehicle will experience a slowdown to make control decisions. Doing so is important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 13, Sata as modified discloses the limitations of Claim 1.
Sata further discloses: (Currently Amended) […] obtaining map data representative of a road section on which the […] vehicle is/will be travelling; and obtaining the probability of a possible See again [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic using a GPS unit, map data and vehicle travel history data, “After step 512, the process 500 may repeat, with the GPS unit 124 determining a new location of the vehicle 102, such that the driving mode may automatically change without driver input. The timing of when to switch from a first driving mode to a second driving mode may be determined by the ECU 106 based on a direction of travel determined by the GPS unit 124. In some embodiments, the ECU 106 may, at any given location, determine a likelihood of transitioning to a different driving mode, and when the likelihood exceeds a threshold value, the ECU 106 may transition to the different driving mode at a location or time which would be least noticeable to the driver. For example, if the vehicle 102 is driving along an empty freeway, but is travelling in a direction where heavy traffic is approaching ahead of the vehicle 102, the ECU 106 may determine the vehicle is 90% likely going to switch to the economy driving mode as a result of encountering this traffic. The ECU 106 may further determine that the vehicle 102 should switch from the comfort driving mode to the economy driving mode the next time the driver steps off of the accelerator pedal within two miles of the upcoming traffic. In this example, the probability of encountering the traffic may be determined based on the map data, as there may be limited freeway exit points along the route, and/or may be determined based on the vehicle travel history, as the driver may frequently drive on this freeway through the location where there is traffic. By anticipating the switch to the different driving mode, the switch to the different driving mode can be made when the driver may least feel the change in driving modes.”
Sata does not explicitly disclose: […] preceding […vehicle is/will be travelling; … slowdown] of the preceding vehicle […].
However, Muyshondt teaches: […] preceding […vehicle is/will be travelling; … slowdown] of the preceding vehicle […]. See again [Muyshondt, pgs. 8-9, para 0138], which explains that the adaptive cruise control detects the occurrence of a stop event on the road ahead, including the probability of a traffic jam or a stationary preceding vehicle.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to specify the upcoming traffic as a preceding vehicle. Doing so is important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 14, Sata as modified discloses the limitations of Claim 1.
Sata further discloses: (Currently Amended) […] obtaining historic data representative of historic speeds of vehicles on a road section on which the […] vehicle is/will be travelling; and obtaining the probability of a possible . See again [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic using a GPS unit, map data and vehicle travel history data.
Sata does not explicitly disclose: […] preceding [vehicle is/will be travelling; … slowdown] of the preceding vehicle […].
However, Muyshondt teaches: […] preceding [vehicle is/will be travelling; … slowdown] of the preceding vehicle […]. See again [Muyshondt, pgs. 8-9, para 0138], which explains that the adaptive cruise control detects the occurrence of a stop event on the road ahead, including the probability of a traffic jam or a stationary preceding vehicle.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to specify the upcoming traffic as a preceding vehicle. Doing so is important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 15, Sata as modified discloses the limitations of Claim 1.
Sata does not explicitly disclose: (Currently Amended) […] obtaining communication data from an external sender; and obtaining the probability of a possible However, [Sata, pg. 3, paras 0025, 0028, and 0030], do discuss using a communication network to receive data, “[0025] The vehicle 102 may be coupled to a network. The network, […] connects the vehicle 102 to a remote data server 126. […]. A service provider may provide navigational map, weather and/or traffic data to the vehicle 102. [..]. [0028] The traffic data includes one or more traffic condition features, such as traffic congested areas or accident areas. The traffic data may provide information related to the density and movement of vehicles on a roadway and/or accident locations. […]. [0030] The transceiver 122 may include a communication port or channel, […]. The transceiver 122 may transmit data to and receive data from devices and systems not directly connected to the vehicle 102. For example, the ECU 106 may communicate with the remote data server 126. Furthermore, the transceiver 122 may access the network, to which the remote data server 126 is also connected,” and [Sata pgs. 4-5, paras 0056-0058], does discuss using this data to determine a driving mode, “[0056] FIG. 5 illustrates a flow diagram of a process 500 performed by the automatic vehicle driving mode system, according to various embodiments of the invention. [0057] The GPS unit 124 detects a geographical location of the vehicle 102 (step 502). The geographical location may be represented by a set of latitude and longitude coordinates. [0058] The memory 128 stores a driving mode map identifying an initial driving mode based on a given geographical location (step 504). In some embodiments, the driving mode map is a table of geographical locations and corresponding initial driving modes. […]. In addition, in these embodiments, a transceiver 122 receives traffic data, and the traffic data may be used to determine the initial driving mode.”
However, Muyshondt teaches: (Currently Amended) […] obtaining communication data from an external sender; and obtaining the probability of a possible See [Muyshondt, pgs. 3-4, paras 0070-0074], which describe the communication equipment of the vehicle used to communicate between the infrastructure, other vehicles, or other machines, “[0070] In addition, although the driving computer 1100 in this embodiment is physically located in vehicle 1, it does not necessarily need to be in the vehicle. Actually, it can be located anywhere, as long as communication equipment is provided to transmit the necessary inputs to computer 1100, and to transmit the calculated controls to the drive system 200, in real time, so as to drive vehicle 1, and possibly to transmit other calculated information to output systems (such as a display not represented here) for it to be displayed or outputted. […]. [0072] As shown in FIGS. 1 and 2, the adaptive cruise control system 100 comprises a set of sensors 110 and a communication unit 120. […]. [0074] The communication unit 120 comprises a set of telecommunications components. These components make it possible for vehicle 1 (that is, for the systems aboard vehicle 1, and for the occupants of vehicle 1) to communicate with its environment. The communication unit 120 for instance enables communication between vehicle 1 and the infrastructure (V2I communication), other vehicles (V2V communication), and/or with more distant machines or persons.” See also [Muyshondt, pg. 5, paras 0089-0099], which explain that the vehicle acquires environmental data, including road markings and conditions such as traffic jams, from sensors or the communication unit, and can be used to model the environment or detect and predict traffic jams or stopped vehicles using a probabilistic approach, “[0089] All the information acquired by sensors 110 and all the information acquired from other machines (e.g., from a database containing a map of the region where vehicle 1 is moving) by the communication unit 120 is transmitted to the vehicle environment identification unit 130. This information can include in particular image sequences acquired by cameras, clouds of (3D-) points outputted by lidars, etc. […]. [0091] The stationary elements or objects are the elements of the infrastructure: […]. To detect these elements, the vehicle environment identification unit 130 can possibly rely on a (predetermined) map of the surroundings of the vehicle (for instance a map obtained through the navigation unit) and, in a complementary manner, use data acquired through cameras and sensors if some of these elements cannot be obtained by such a map (ex: pedestrian crossings, parking spaces). This map can be stored in a memory of system 1000, or can be downloaded via communication unit 120. […]. [0096] Usually, the environmental information is periodically acquired from sensors 110 and communication unit 120. On this basis, the vehicle environment identification unit 130 usually updates periodically at each time step the model of the surroundings of the vehicle. For instance, vehicle environment identification unit 130 may update at each time step its model of the environment of the vehicle, in which the detected elements and/or mobile objects are described in 2D or 3D. [..] [0099] Such calculated/generated predicted or estimated information comprises information about the future estimated position, trajectory, speed, acceleration, of the ego vehicle and of the mobile objects surrounding the latter with respect to the infrastructure. In particular, this information can include information about a possible traffic jam that is occurring or about to be occurring ahead of the ego vehicle on the road where the latter is moving. The calculated/generated predicted or estimated information about the traffic jam may be based on a probabilistic approach using, e.g. the number and speed of vehicles ahead of the ego vehicle, the distance between the latter and these vehicles, the speed of the ego vehicle, traffic information, etc. Such information may be obtained through camera(s) (ex: front facing camera 111 in FIG. 2), radar, speed sensors, acceleration sensors of the IMU, the navigation unit.” Finally see again [Muyshondt, pg. 6, paras 0107-0109], which explains that the cruise system uses a prediction of a stop event to adjust the controls for the vehicle drive system, where the prediction includes using a probability of an occurrence of a traffic jam involving vehicles ahead of or near the ego vehicle.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to obtain the probability of a slowdown, such as upcoming traffic, or a preceding vehicle including using communication data. Doing so allows for modeling the vehicle environment in real time [Muyshondt, pg. 5, paras 0088-0089 and 0096], which allows for improved reliability and accuracy of the data [Muyshondt, pgs. 2-3, paras 0043-0045] and better evaluating or predicting scenarios encountered by the ego vehicle, such as cross traffic [Muyshondt, pg. 6, para 0109]. Doing so is further important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 16, Sata discloses: […] propulsion system in at least two modes of operation with differing energy conservation characteristics, […] one or more computing devices of the control arrangement to: […]; and switch between the at least two modes of operation of the first vehicle based on the obtained probability […] vehicle will experience the slowdown event. See again [Sata, pg. 2, para 0022], which explains that the vehicle contains multiple electronic control units for controlling functions of the vehicle and [Sata, pg. 3, para 0033], which further explains that the vehicle components include controls for various aspects of the vehicle power. Also see again [Sata, FIG. 3 and pg. 4, paras 0043 and 0045], which shows the various vehicle modes that include an eco-mode, a comfort mode, a normal mode, a sport mode, and a track mode. Finally see again [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic.
Sata does not explicitly disclose: (Currently Amended) A computer program product stored on a non-transitory computer-readable medium, said computer program product for use in operation of first vehicle, wherein the first vehicle comprises a propulsion system and a control arrangement configured to operate the propulsion system […], wherein said computer program product comprises computer instructions to cause one or more computing devices of the control arrangement to: identify a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; and [… the obtained probability that] the preceding second vehicle will experience the slowdown event.
However, Muyshondt teaches: (Currently Amended) A computer program product stored on a non-transitory computer-readable medium, said computer program product for use in operation of first vehicle, wherein the first vehicle comprises a propulsion system and a control arrangement configured to operate the propulsion system […], wherein said computer program product comprises computer instructions to cause one or more computing devices of the control arrangement to: identify a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; and [… the obtained probability that] the preceding second vehicle will experience the slowdown event. See [Muyshondt, pg. 1, para 0002], “The present disclosure concerns a vehicle adaptive cruise control system, an adaptive cruise control method for controlling operation of a vehicle and a computer readable medium for implementing the method,” and [Muyshondt pg. 3, paras 0047-0048], “[0047] Accordingly, another aspect of the present disclosure proposes a computer program including instructions which, when the program is executed by a computer, cause the computer to carry out the steps of the above-defined method. […]. The computer may be any data processing device, for instance a personal computer, an electronic control unit configured to be mounted in a vehicle, a smartphone, a laptop, etc. [0048] The present disclosure also includes a non-transitory computer readable medium having the above-defined computer program stored thereon. The computer-readable medium may be an entity or device capable of storing the program.” See also [Muyshondt, pg. 3, paras 0064-0065], which further explains that the adaptive cruise control system drives using control of the drives system which includes the motor, brakes, transmission, and steering, “[0064] As a general manner, in order to perform its driving function, system 1000 comprises an adaptive cruise control system 100, which is configured to control a drive system 200 that is capable of driving the vehicle 1. [0065] The drive system 200 is the set of core components which operatively drive vehicle 1 and control its movement. These components include its engine/motor(s) (as the case may be), brakes, transmission, steering column, etc.” See again [Muyshondt, pg. 1, paras 0006-0007], which discusses identifying a specific preceding vehicle and a traffic jam, and [Muyshondt, pg. 1, para 0012], which defines a “stop location” as a location where the vehicle must stop because of a possible event occurring ahead of the vehicle. Also see again [Muyshondt, pgs. 1-2, paras 0015 and 0020-0021], which further explains that a stop location considers a possibility that the ego vehicle is forced to stop, using predefined rules and/or calculations, where the system uses detection of possible evens ahead of the vehicle, including traffic or an object, such as a preceding vehicle. Also see again [Muyshondt, pg. 5, para 0099], which explains that the information is predicted information, based on a future estimated position, speed, etc. of the vehicle and objects, such as a preceding vehicle as stated above, and uses a probabilistic approach using the number and speed of vehicles ahead of the ego vehicle. Finally see again [Muyshondt, pgs. 6-9, paras 0109-0111 and pgs. 8-9, paras 0138-0139], which discuss determining and using a “probability or prediction of occurrence of a traffic jam” or a stationary preceding vehicle with a threshold for determining a stop location and making driving control decisions.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to identify a preceding vehicle and specify that using probability a preceding vehicle will experience a slowdown to make control decisions. Doing so is important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 18, Sata discloses: (Currently Amended) A control arrangement for controlling first vehicle, wherein the first vehicle comprises a propulsion system, and wherein the control arrangement operatescomprises one or more computing devices [[is]]configured to: […]; and switch between the at least two modes of operation of the first vehicle based on the obtained probability that the […] vehicle will experience the slowdown event. See again [Sata, pg. 2, para 0015], which describes a vehicle using an economy mode, which has a motor and engine. Also see again [Sata, pg. 2, para 0022], which explains that the vehicle contains multiple electronic control units for controlling functions of the vehicle and [Sata, pg. 3, para 0033], which further explains that the vehicle components include controls for various aspects of the vehicle power. Also see again [Sata, FIG. 3 and pg. 4, paras 0043 and 0045], which shows the various vehicle modes that include an eco-mode, a comfort mode, a normal mode, a sport mode, and a track mode. Finally see again [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic.
Sata does not explicitly disclose: […] identify a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; [… the obtained probability] that the preceding second vehicle will experience the slowdown event.
However, Muyshondt teaches: […] identify a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; [… the obtained probability] that the preceding second vehicle will experience the slowdown event. See again [Muyshondt, pg. 1, paras 0006-0007], which discusses identifying a specific preceding vehicle and a traffic jam, and [Muyshondt, pg. 1, para 0012], which defines a “stop location” as a location where the vehicle must stop because of a possible event occurring ahead of the vehicle. Also see again [Muyshondt, pgs. 1-2, paras 0015 and 0020-0021], which further explains that a stop location considers a possibility that the ego vehicle is forced to stop, using predefined rules and/or calculations, where the system uses detection of possible evens ahead of the vehicle, including traffic or an object, such as a preceding vehicle. Also see again [Muyshondt, pg. 5, para 0099], which explains that the information is predicted information, based on a future estimated position, speed, etc. of the vehicle and objects, such as a preceding vehicle as stated above, and uses a probabilistic approach using the number and speed of vehicles ahead of the ego vehicle. Finally see again [Muyshondt, pgs. 6-9, paras 0109-0111 and pgs. 8-9, paras 0138-0139], which discuss determining and using a “probability or prediction of occurrence of a traffic jam” or a stationary preceding vehicle with a threshold for determining a stop location and making driving control decisions.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to identify a preceding vehicle and specify that using probability a preceding vehicle will experience a slowdown to make control decisions. Doing so is important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 19, Sata discloses: (Currently Amended) first vehicle comprising a propulsion system and a control arrangement, where the control arrangement operatescomprises one or more computing devices [[is]]configured to: […]; and switch between the at least two modes of operation of the first vehicle based on the obtained probability that the […] vehicle will experience the slowdown event. See again [Sata, pg. 2, para 0015], which describes a vehicle using an economy mode, which has a motor and engine. Also see again [Sata, pg. 2, para 0022], which explains that the vehicle contains multiple electronic control units for controlling functions of the vehicle and [Sata, pg. 3, para 0033], which further explains that the vehicle components include controls for various aspects of the vehicle power. Also see again [Sata, FIG. 3 and pg. 4, paras 0043 and 0045], which shows the various vehicle modes that include an eco-mode, a comfort mode, a normal mode, a sport mode, and a track mode. Finally see again [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic.
Sata does not explicitly disclose: identify a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; [… the obtained probability that] the preceding second vehicle will experience the slowdown event.
However, Muyshondt teaches identify a second vehicle preceding the first vehicle; determining a probability that the preceding second vehicle will experience a slowdown event; [… the obtained probability that] the preceding second vehicle will experience the slowdown event. See again [Muyshondt, pg. 1, paras 0006-0007], which discusses identifying a specific preceding vehicle and a traffic jam, and [Muyshondt, pg. 1, para 0012], which defines a “stop location” as a location where the vehicle must stop because of a possible event occurring ahead of the vehicle. Also see again [Muyshondt, pgs. 1-2, paras 0015 and 0020-0021], which further explains that a stop location considers a possibility that the ego vehicle is forced to stop, using predefined rules and/or calculations, where the system uses detection of possible evens ahead of the vehicle, including traffic or an object, such as a preceding vehicle. Also see again [Muyshondt, pg. 5, para 0099], which explains that the information is predicted information, based on a future estimated position, speed, etc. of the vehicle and objects, such as a preceding vehicle as stated above, and uses a probabilistic approach using the number and speed of vehicles ahead of the ego vehicle. Finally see again [Muyshondt, pgs. 6-9, paras 0109-0111 and pgs. 8-9, paras 0138-0139], which discuss determining and using a “probability or prediction of occurrence of a traffic jam” or a stationary preceding vehicle with a threshold for determining a stop location and making driving control decisions.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to identify a preceding vehicle and specify that using probability a preceding vehicle will experience a slowdown to make control decisions. Doing so is important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Regarding Claim 20, Sata as modified discloses the limitations of Claim 19.
Sara further discloses: (Previously Presented) […] wherein the vehicle is a heavy road vehicle. See [Sata, pg. 2, para 0021], which states the vehicle could include a car, truck, bus, or other vehicle, “The vehicle 102 may be a self-propelled wheeled conveyance, such as a car, sports utility vehicle, truck, bus, van or other motor or battery driven vehicle.”
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sata in view of Muyshondt, further in view of Mueller et al., DE-102011120307-A1 (herein "Mueller").
Regarding Claim 2, Sata as modified discloses the limitations of Claim 1.
Sata does not explicitly disclose: (Previously Presented) […], wherein the at least two modes of operation comprise a default mode and an energy conservation mode, wherein the energy conservation mode differs from the default mode by having a higher short term energy conservation aim than the default mode, and wherein the method comprises: switching from the default mode to the energy conservation mode when the obtained probability reaches above a threshold probability. However, [Sata, pgs. 6-7, para 0067], does discuss that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic.
However, Mueller teaches: (Previously Presented) […] wherein the energy conservation mode differs from the default mode by having a higher short term energy conservation aim than the default mode […]. See [Mueller, pg. 1, para 0004], which explains that ECO operation focuses on optimization of consumption impacting short-term performance, (note, in the original version: pg. 2, para 0004 calls this “ECO” not EV, like translation shows), “It is also possible to preset a variable setpoint operating speed as a function of the actuation of the input devices. However, this proportional approach is also disadvantageous particularly with regard to fuel consumption. Usually, the consumption minimum of, for example, diesel engines is close to the maximum torque at medium speeds. For the optimization of consumption (so-called ECO operation), a reduction of the rotational speed of the drive machine is therefore expedient. However, this may result in insufficient dynamics to meet short-term performance requirements (e.g., acceleration, hill travel, and the like).”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Mueller to specify short-term performance in ECO mode. Doing so accounts for impacts to insufficient dynamics, such as impacts to acceleration and hill travel, while prioritizing fuel consumption [Mueller, pg. 1, para 0004].
However, Muyshondt teaches: (Previously Presented) […], wherein the at least two modes of operation comprise a default mode and an energy conservation mode, […], and wherein the method comprises: switching from the default mode to the energy conservation mode when the obtained probability reaches above a threshold probability. See again [Muyshondt, pg. 6, paras 0107-0109], which explains that the cruise system uses a prediction of a stop event to adjust the controls for the vehicle drive system, where the prediction includes using a probability of an occurrence of a traffic jam involving vehicles ahead of or near the ego vehicle, where the prediction is made based on a probability being greater than a predetermined threshold, “Thus, it will be possible to identify the possible ‘stop event(s)’ farther ahead on the road (in this respect, a probability or prediction of occurrence of a traffic jam greater than a predetermined threshold can be detected), the cross traffic location(s) between these ‘stop event(s)’ and the ego vehicle and the possible occurrence of cross traffic on or near the road where the vehicle is moving, i.e. cross traffic that is about to cross the cross traffic location(s), or cross traffic that is crossing the cross traffic location(s).”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to include using a probability of a slowdown, such as upcoming traffic, or a preceding vehicle compared to a threshold. Doing so allows for better evaluation, or prediction with higher certainty, of scenarios encountered by the ego vehicle, such as cross traffic [Muyshondt, pg. 6, para 0109]. Doing so is further important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Sata in view of Muyshondt and Mueller, further in view of Schumann, PG Pub US-2013/0158829-A1 (herein "Schumann").
Regarding Claim 3, Sata as modified discloses the limitations of Claim 2.
Sata does not disclose: (Previously Presented) […], wherein the method comprises, when the vehicle is approaching an uphill slope: increasing a speed of the vehicle above a set speed upon operating the propulsion system in the default mode; and abstaining from increasing the speed of the vehicle above the set speed upon operating the propulsion system in the energy conservation mode.
However, Schumann teaches: (Previously Presented) […], wherein the method comprises, when the vehicle is approaching an uphill slope: increasing a speed of the vehicle above a set speed upon operating the propulsion system in the default mode; and abstaining from increasing the speed of the vehicle above the set speed upon operating the propulsion system in the energy conservation mode. See [Schumann, pgs. 1-2, paras 0013-0014], which explain that the vehicle cruise control system recognizes an approaching hill and maintains a fuel economy, without increasing a speed, or maintains the fuel economy mode without actively adjusting speed, even if a speed increases, while descending a hill, whereas a standard operating mode will adjust the speed to maintain a speed when encountering an ascending or descending slope, “[0013] FIG. 2 illustrates the vehicle 10 with the cruise control system 12 where the operating mode of the cruise control system is selected by a control device 24. In the fuel economy mode 14 the fuel efficiency of the vehicle 10 may be maintained at a desired fuel economy. The desired fuel economy may correspond to the fuel economy level for the vehicle 10 at a pre-selected speed when traveling along a flat surface. If the vehicle 10 recognizes a hill is approaching the control device 24 for the cruise control system 12 may switch to a fuel economy mode 14 and maintain the vehicle at the desired fuel economy rather than at a desired speed. The vehicle 10 may have at least one sensor, such as a longitudinal gravity sensor or may utilize other vehicle systems, such as a navigation system to detect an approaching hill. The fuel economy mode 14 would allow the vehicle 10 to slow while ascending the hill and regain speed while descending the hill. The overall speed of the vehicle 10 after the hill will be approximately the same speed as before the hill while the fuel economy of the vehicle 10 is maintained above the desired fuel economy level. [0014] In another embodiment, in a standard operating mode the cruise control system 12 maintains the speed of the vehicle 10 at the speed selected by the driver. If the cruise control system 12 is an ACC system the cruise control system 12 will adjust the speed of the vehicle 10 to maintain a predetermined distance from forward objects. In the standard operating mode the cruise control system 12 maintains the vehicle 10 at the selected speed regardless of the terrain and contours of the road and only adjusts the vehicle speed 10 based upon intervening objects as mentioned above. The speed of the vehicle 10 is typically maintained within a range of the preselected speed by an engine controller 16. The vehicle 10 speed is maintain even when encountering changes in the slope of the road, such as when ascending or descending a hill. The engine controller 16 cooperates with a fuel supply system 18 to adjust the fuel supply as required to maintain the vehicle 10 at the preselected speed.” See also [Schumann, pg. 5, para 0017], which explains that when the vehicle is travelling uphill in a fuel economy mode, it may fall below the set speed, “An example of the vehicle 10 operating in the fuel economy mode 14 is illustrated in FIG. 2. The vehicle 10 is in the fuel economy mode 14 as the vehicle 10 begins to ascend a hill. The speed of the vehicle 10 may be allowed to decrease to maintain the desired fuel economy level that was determined when the fuel economy mode 14 was initiated. Preferably the fuel economy mode 14 is initiated while traveling a flat surface. The fuel economy of the vehicle 10 is not allowed below the desired fuel economy level. As a result, the vehicle 10 will slow in speed while ascending the hill.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Schumann to abstain from actively changing a speed on a slope, ascending or descending, in an economy mode, while actively adjusting the speed to maintain a speed in a standard mode. Doing so allows for prioritizing and achieving the desired fuel economy in fuel economy mode, where a high fuel economy is generally desired , and travelling above a preset speed is unsafe, especially in a downhill scenario [Schumann, pg. 5, para 0016].
Regarding Claim 4, Sata as modified discloses the limitations of Claim 2.
Sata does not disclose: (Currently Amended) […], further comprising, when the vehicle is approaching an end of a downhill slope: increasing [[the]]a speed of the vehicle above a set speed upon operating the propulsion system in the default mode; and abstaining from increasing the speed of the vehicle above the set speed upon operating the propulsion system in the energy conservation mode.
However, Schumann teaches: (Currently Amended) […], further comprising, when the vehicle is approaching an end of a downhill slope: increasing [[the]]a speed of the vehicle above a set speed upon operating the propulsion system in the default mode; and abstaining from increasing the speed of the vehicle above the set speed upon operating the propulsion system in the energy conservation mode. See again [Schumann, pgs. 1-2, paras 0013-0014], which explain that the vehicle cruise control system recognizes an approaching hill and maintains a fuel economy, without increasing a speed, or maintains the fuel economy mode without actively adjusting speed, even if a speed increases, descending a hill, whereas a standard operating mode will adjust the speed to maintain a speed when encountering an ascending or descending slope. See also [Schumann, pg. 5, para 0016], which further states that when the vehicle is travelling downhill in an economy mode, the vehicle is not allowed to exceed a set speed, “A high fuel economy level is generally desirable. Therefore, maintaining the vehicle 10 at the desired fuel economy may mean allowing the fuel economy of the vehicle 10 to increase, but not allowing the fuel economy to decrease below the desired level. Alternatively, the fuel economy level may also be limited from increasing. For example, due to terrain an increase in the fuel economy level may also correspond to an increase in speed of the vehicle 10, e.g. when the vehicle 10 is travelling downhill. In order to maintain the vehicle 10 at safe operating speed the fuel economy level may be maintained at the pre-selected level and not allowed to increase outside of a predetermined range, thus, restricting the speed of the vehicle 10. In this instance, an increase in the fuel economy level would be allowable as long as the vehicle 10 is travelling within safe operating speeds.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Schumann to abstain from actively changing a speed on a slope, ascending or descending, in an economy mode, while actively adjusting the speed to maintain a speed in a standard mode. Doing so allows for prioritizing and achieving the desired fuel economy in fuel economy mode, where a high fuel economy is generally desired , and travelling above a preset speed is unsafe, especially in a downhill scenario [Schumann, pg. 5, para 0016].
Claims 5-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sata in view of Muyshondt and Mueller, further in view of Cha et al., PG Pub US-2019/0179335-A1 (herein "Cha").
Regarding Claim 5, Sata as modified discloses the limitations of Claim 2.
Sata does not disclose: (Currently Amended) […]: adapting an execution of a pulse-and-glide procedure of the propulsion system upon switching to the energy conservation mode.
However, Cha teaches: (Currently Amended) […]: adapting an execution of a pulse-and-glide procedure of the propulsion system upon switching to the energy conservation mode. See [Cha, pg. 1, para 0011], which explains that the vehicle uses a pulse-and-glide mode to improve efficiency, “The engine of the hybrid electric vehicle can be turned on and off while traveling due to inherent characteristics of the powertrain of the hybrid electric vehicle, and thus efforts have been made to improve efficiency in various ways, which cannot be achieved by general vehicles with internal combustion engines. One of the ways of improving efficiency is a pulse-and-glide (PnG) traveling mode. The PnG traveling mode is a traveling mode having a periodic acceleration/deceleration pattern, in which acceleration using the power of an engine, coasting in an engine-off state and acceleration using the power of the engine in a speed-reduced state are repeated. Such a PnG traveling mode minimizes energy loss attributable to operation of electrical parts (e.g., an electric motor, an inverter, a battery, etc.) of the powertrain, thus leading to improvement of fuel efficiency.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Cha to include a pulse-and-glide mode. Doing minimizes energy loss associated with electric components [Cha, pg. 1, para 0011] and utilizes regenerative braking, or braking recovery, capabilities [Ch, pg. 1, para 0009]. Additionally, it allows for better coordinating and managing an overall improved fuel efficiency of vehicle platoons, which may be impacted by varying vehicle configurations [Cha, pg. 4, para 0049].
Regarding Claim 6, Sata as modified discloses the limitations of Claim 2.
Sata does not disclose: (Previously Presented) […]: initiating a freewheeling phase of the propulsion system upon switching to the energy conservation mode.
However, Cha teaches: (Previously Presented) […]: initiating a freewheeling phase of the propulsion system upon switching to the energy conservation mode. See [Cha, pg. 2, para 0016], which explains that in a “glide” phase, for use in a fuel efficiency mode, the vehicle coasts with the engine disengaged, “On the other hand, in the PnG traveling mode, the vehicle is accelerated by the power of the engine during a pulse phase, coasts during a glide phase, during which the engine is disengaged from the driving shaft (and is turned off) by opening the engine clutch, and is decelerated by traveling resistance (e.g., air resistance, frictional resistance of the powertrain, rolling resistance, etc.). Specifically, as shown in FIG. 3B, during the pulse phase, the engine is driven with a certain operating point in the optimal operating curve. This operation is similar to that in the cruise-control mode. However, the power is distributed such that a portion thereof is used for traveling (i.e., speed maintenance), and the remaining portion thereof is used for acceleration. In the state of disengagement from the engine, the vehicle coasts without driving the motor and is decelerated.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Cha to include a pulse-and-glide mode, including a glide phase where the vehicle is coasting with the engine disengaged. Doing minimizes energy loss associated with electric components [Cha, pg. 1, para 0011], where the repeated charging and discharging of the battery is minimized, increasing the life of the electrical parts [Cha, pg. 1, para 0017]. Further, it utilizes regenerative braking, or braking recovery, capabilities [Ch, pg. 1, para 0009]. Additionally, it allows for better coordinating and managing an overall improved fuel efficiency of vehicle platoons, which may be impacted by varying vehicle configurations [Cha, pg. 4, para 0049].
Regarding Claim 10, Sata as modified discloses the limitations of Claim 2.
Sata does not disclose: (Previously Presented) […], wherein the propulsion system comprises a regenerative braking system controllable to regeneratively brake the vehicle, and wherein the method comprises: increasing a braking level provided by the regenerative braking system upon switching to the energy conservation mode.
However, Cha teaches: (Previously Presented) […], wherein the propulsion system comprises a regenerative braking system controllable to regeneratively brake the vehicle, and wherein the method comprises: increasing a braking level provided by the regenerative braking system upon switching to the energy conservation mode. See [Cha, pg. 1, para 0009], which explains that regenerative braking is utilized in a hybrid mode with the engine off, “When the rotational speeds of the engine 110 and the electric motor 140 become equal, the engine clutch 130 is locked, with the result that both the engine 110 and the electric motor 140 drive the vehicle (i.e., transition from the EV mode to an HEV mode). When a predetermined engine OFF condition is satisfied, for example, when the vehicle is decelerated, the engine clutch 130 is opened, and the engine 110 is stopped (i.e., transition from the HEV mode to the EV mode). At this time, the battery is charged through the electric motor 140 using the driving force of the wheels in the vehicle, which is referred to as recovery of braking energy or regenerative braking. The starter/generator motor 120 acts as a start motor when starting the engine and as a generator after starting the engine, at the time of starting off, or when engine rotation energy is collected. Therefore, the starter/generator motor 120 may be referred to as a “hybrid starter generator (HSG)”,” [Cha, pg. 1, para 0011], where the engine is turned on and off to improve efficiency, “The engine of the hybrid electric vehicle can be turned on and off while traveling due to inherent characteristics of the powertrain of the hybrid electric vehicle, and thus efforts have been made to improve efficiency in various ways, which cannot be achieved by general vehicles with internal combustion engines.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Cha to include a regenerative braking mode, used more in a fuel efficient mode. Doing allows for recovery of energy for charging a battery through an electric motor [Cha, pg. 1, para 0009].
Claim 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sata in view of Muyshondt and Mueller, further in view of Tashiro et al., PG Pub US-2019/0168732-A1 (herein " Tashiro").
Regarding Claim 7, Sata as modified discloses the limitations of Claim 2.
Sata does not teach: (Previously Presented) […], wherein the propulsion system comprises an internal combustion engine, and wherein the method comprises: initiating a motoring phase of the internal combustion engine upon switching to the energy conservation mode.
However, Tashiro teaches: (Previously Presented) […], wherein the propulsion system comprises an internal combustion engine, and wherein the method comprises: initiating a motoring phase of the internal combustion engine upon switching to the energy conservation mode. See [Tashiro, pg. 2, para 0035], which explains that vehicle can use engine braking, which uses lockup clutch state, when fuel to engine is stopped, “Therefore, when rapid acceleration is unnecessary, transmission efficiency is raised by engaging a lock-up clutch provided in the torque converter. Furthermore, by engaging the lock-up clutch during traveling, even when fuel supply to the engine is stopped, the engine is rotated by using a turning force from the wheels (hereinafter referred to as engine braking).” See also [Tashiro, pgs. 4-5, paras 0056 and 0061-0062], which explain the various combinations of engine stopped states and clutch engagement or disengagement to achieve an engine coasting state or engine braking state, “[0056] When the engine 101 is in a stoppable state, the controller 111 releases the clutch mechanism 119 and causes the vehicle 100 to travel while fuel supply to the engine 101 is stopped, in coasting (hereinafter referred to as engine stop coasting). Furthermore, when the engine 101 is in an unstoppable state, the controller 111 causes the vehicle to travel while only the clutch mechanism 119 is released, in coasting (hereinafter referred to as engine idling coasting). Still furthermore, when strong deceleration is required as compared with when the clutch mechanism 119 is released, the controller 111 selects a method for decelerating by increasing braking force with an electric brake or a method for decelerating by causing an engine braking state, and acceleration travel or coasting is controlled to be within the inter-vehicle distance range. […]. [0061] On the other hand, when the target vehicle state is to coast, the target engine output calculation unit 204 outputs an engine output necessary for idling the engine. [0062] When the target vehicle state calculation unit 203 outputs an engine stop coasting state or an engine braking state illustrated in FIG. 9, an engine fuel cut calculation unit 206 illustrated in FIG. 2 outputs a signal to cause the engine 101 to cut fuel. […].”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Tashiro to include an engine braking, or motoring, state. Doing so allows the system to achieve the desired deceleration and maintain appropriate distance [Tashiro, pg. 4, para 0056], where engine braking can utilize the resistance of the engine to minimize the wear on the friction brakes [Tashiro, pg. 4, paras 0057-0059] and reach a high engine efficiency to improve fuel consumption [Tashiro, pg. 1, para 0008].
Regarding Claim 21, Sata discloses: (New) A method of controlling operation of a vehicle, wherein the vehicle comprises a propulsion system, and wherein the method is performed by a control arrangement, the control arrangement being configured to operate the propulsion system in at least two modes of operation with differing energy conservation characteristics, […], […], wherein the method comprises: determining a probability that a […] vehicle will experience a slowdown event, wherein determining the probability comprises at least one of: […], obtaining map data representative of a road section on which the […] vehicle is/will be travelling and determining See again [Sata, pg. 2, para 0015], which describes a vehicle using an economy mode, which has a motor and engine. Also see again [Sata, pg. 2, para 0022], which explains that the vehicle contains multiple electronic control units for controlling functions of the vehicle, and [Sata, pg. 3, para 0033], which further explains that the vehicle components include controls for various aspects of the vehicle power. Also see again [Sata, FIG. 3 and pg. 4, paras 0043 and 0045], which shows the various vehicle modes that include an eco-mode, a comfort mode, a normal mode, a sport mode, and a track mode. Also see again [Sata, pgs. 6-7, para 0067], which explains that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic using a GPS unit, map data and vehicle travel history data.
Sata does not explicitly disclose: (New) A method of controlling operation of a vehicle, […], wherein the at least two modes of operation comprise a default mode and an energy conservation mode, wherein the energy conservation mode differs from the default mode by having a higher short term energy conservation aim than the default mode, wherein the method comprises: [determining a probability that] a preceding vehicle will experience a slowdown event, wherein determining the probability comprises at least one of: monitoring signalling lights of the preceding vehicle, monitoring a lateral position of the preceding vehicle relative to a road section on which the preceding vehicle is travelling, […] the preceding vehicle is/will be travelling […], […] the preceding vehicle is/will be travelling […], and obtaining communication data from an external sender and determining However, [Sata, pgs. 6-7, para 0067], does discuss that the process switches driving modes automatically based on a determination that a likelihood of switching modes will exceed a threshold, including based on approaching heavy traffic or a probability of encountering heavy traffic. And, [Sata, pg. 3, paras 0025, 0028, and 0030], do discuss using a communication network to receive data, and [Sata pgs. 4-5, paras 0056-0058], does discuss using this data to determine a driving mode.
However, Muyshondt teaches: […] wherein the at least two modes of operation comprise a default mode and an energy conservation mode, […] wherein the method comprises: [determining a probability that] a preceding vehicle will experience a slowdown event, […], […] the preceding vehicle is/will be travelling […], […] the preceding vehicle is/will be travelling […], obtaining communication data from an external sender and determining . See again [Muyshondt, pg. 6, paras 0107-0109], which explains that the cruise system uses a prediction of a stop event to adjust the controls for the vehicle drive system, where the prediction includes using a probability of an occurrence of a traffic jam involving vehicles ahead of or near the ego vehicle, where the prediction is made based on a probability being greater than a predetermined threshold. Also see again [Muyshondt, pgs. 8-9, para 0138], which explains that the adaptive cruise control detects the occurrence of a stop event on the road ahead, including the probability of a traffic jam or a stationary preceding vehicle. Also see again [Muyshondt, pgs. 3-4, paras 0070-0074], which describe the communication equipment of the vehicle used to communicate between the infrastructure, other vehicles, or other machines. Finally see again [Muyshondt, pg. 5, paras 0089-0099], which explain that the vehicle acquires environmental data, including road markings and conditions such as traffic jams, from sensors or the communication unit, and can be used to model the environment or detect and predict traffic jams or stopped vehicles using a probabilistic approach.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to include using a probability of a slowdown, such as upcoming traffic or a specific preceding vehicle, compared to a threshold, including by using communication data. Doing so allows for better evaluation, or prediction with higher certainty, of scenarios encountered by the ego vehicle, such as cross traffic [Muyshondt, pg. 6, para 0109] and allows for modeling the vehicle environment in real time [Muyshondt, pg. 5, paras 0088-0089 and 0096], which allows for improved reliability and accuracy of the data [Muyshondt, pgs. 2-3, paras 0043-0045] and better evaluating or predicting scenarios encountered by the ego vehicle, such as cross traffic [Muyshondt, pg. 6, para 0109]. Doing so is further important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
However, Mueller teaches: […] wherein the energy conservation mode differs from the default mode by having a higher short term energy conservation aim than the default mode, […]. See again [Mueller, pg. 1, para 0004], which explains that ECO operation focuses on optimization of consumption impacting short-term performance, (note, in the original version: pg. 2, para 0004 calls this “ECO” not EV, like translation shows).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Mueller to specify short-term performance in ECO mode. Doing so accounts for impacts to insufficient dynamics, such as impacts to acceleration and hill travel, while prioritizing fuel consumption [Mueller, pg. 1, para 0004].
However, Tashiro teaches: […] monitoring signalling lights of the preceding vehicle, monitoring a lateral position of the preceding vehicle relative to a road section on which the preceding vehicle is travelling, […]. See again [Tashiro, pgs. 2-3, paras 0041-0044], which further explains that the surrounding information is acquired using shared data or data acquired from sensors, including another vehicle’s position, such as when it is steered and no longer in front of the host vehicle or based on the other vehicle’s blinker. Also see again [Tashiro, pgs. 3-4, paras 0050-0051], which further explain that the same techniques can be used specifically for determining a deceleration of the preceding vehicle.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Tashiro to include monitoring a preceding vehicle position and turn signals. Doing so allows the host vehicle to predict preceding vehicle behavior and set an appropriate host vehicle behavior for acceleration and deceleration [Tashiro, pgs. 6-7, para 0076], where setting the correct operating point during acceleration improves fuel consumption [Tashiro, pg. 1, para 0009]. And further allows the system to achieve the desired deceleration and maintain appropriate distance [Tashiro, pg. 4, para 0056].
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sata in view of Muyshondt, Mueller, and Cha, further in view of Tashiro.
Regarding Claim 8, Sata as modified discloses the limitations of Claim 6.
Sata does not disclose: (Currently Amended) […], wherein the propulsion system comprises an internal combustion engine, and wherein the method comprises: obtaining driving context data indicative of a driving environment of a current and/or upcoming road section on which the vehicle is/will be travelling; and selecting, based on the driving context data, between initiating a motoring phase of the internal combustion engine or initiating [[a]]the freewheeling phase of the propulsion system upon switching to the energy conservation mode.
However, Tashiro teaches: (Currently Amended) […], wherein the propulsion system comprises an internal combustion engine, and wherein the method comprises: obtaining driving context data indicative of a driving environment of a current and/or upcoming road section on which the vehicle is/will be travelling; and selecting, based on the driving context data, between initiating a motoring phase of the internal combustion engine or initiating [[a]]the freewheeling phase of the propulsion system upon switching to the energy conservation mode. See again [Tashiro, pg. 2, para 0035], which explains that vehicle can use engine braking, which uses lockup clutch state, when fuel to engine is stopped. See also [Tashiro, pgs. 4-5, paras 0056 and 0061-0062], which explain the various combinations of engine stopped states and clutch engagement or disengagement to achieve an engine coasting state or engine braking state. See also [Tashiro, pgs. 2-3, para 0041], which further explains that the surrounding information is acquired using shared data or data acquired from sensors, ”Furthermore, at least one of a surrounding road information acquisition unit 125 and a surrounding vehicle information acquisition unit 126 is provided to acquire circumstances around a host vehicle, and transmits information to the controller 111. Here, the surrounding road information acquisition unit 125 desirably acquires information about the number of lanes along which the host vehicle travels, information about a curve […], information about an intersection […]. Alternatively, the surrounding road information acquisition unit 125 may use not only road-to-vehicle communication or a digital map, but also a result recognized by a camera or the like. In addition, the surrounding vehicle information acquisition unit 126 desirably acquires information about a vehicle not only on forward and backward directions but also a vehicle around the host vehicle including a vehicle on a lateral direction (position, speed, acceleration, turning signal, steering, and the like), which may be acquired not only by a camera or radar but also by inter-vehicle communication. […]. An acceleration/deceleration possibility determination unit 201 determines an acceleration/deceleration possibility of the host vehicle on the basis of surrounding vehicle information from the surrounding vehicle information acquisition unit 126 and surrounding road information from the surrounding road information acquisition unit 125.” Finally see [Tashiro, pg. 4, para 0055], which explains that the vehicle state calculation unit uses the acquired information to set acceleration or coasting states, “As illustrated in FIG. 7, a target vehicle state calculation unit 203 controls the host vehicle 401 to perform acceleration travel or coasting as a target vehicle state, on the basis of vehicle speed and inter-vehicle distance. Specifically, acceleration travel or coasting is controlled to be within a preset inter-vehicle distance range. Here, the set inter-vehicle distance range may use headway time changed according to vehicle speed Furthermore, the set inter-vehicle distance range may be changed by driver's operation. Furthermore, the set inter-vehicle distance range may be inter-vehicle distance specific to the driver learned on the basis of driver's operation.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Tashiro to include using driving environment information to switch between an engine braking, or motoring, state and a freewheeling state. Doing so allows the system to achieve the desired deceleration and maintain appropriate distance [Tashiro, pg. 4, para 0056], where engine braking can utilize the resistance of the engine to minimize the wear on the friction brakes [Tashiro, pg. 4, paras 0057-0059] and balancing the states allows for reaching a high engine efficiency to improve fuel consumption [Tashiro, pg. 1, para 0008].
Regarding Claim 9, Sata as modified discloses the limitations of Claim 8.
Sata further disclose: (Previously Presented) […], wherein the driving context data comprises at least one of […] and an inclination of a current and/or upcoming road section on which the vehicle is/will be travelling. See [Sata, pg. 3, para 0207], which explains that the road information includes incline, “The navigational map information includes political, roadway and construction information. The political information includes political features such as cities, states, zoning ordinances, laws and regulations, and traffic signs, such as a stop sign, or traffic signals. For example, laws and regulations may include the regulated speed on different portions of a road or noise ordinances. The roadway information includes road features such the grade of an incline of a road, a terrain type of the road, or a curvature of the road. The construction information includes construction features such as construction zones and construction hazards.”
Sata does not disclose: (Previously Presented) […], wherein the driving context data comprises at least one of a current speed of the vehicle […].
However, Muyshondt teaches: (Previously Presented) […], wherein the driving context data comprises at least one of a current speed of the vehicle […].See [Muyshondt, pg. 2, para 0022], which explains that the vehicle and environment information includes vehicle speed, “According to further possible aspects, the detection system may be configured to detect whether the vehicle will have to stop, based on information relating to the vehicle and its environment. The information relating to the vehicle and its environment may include vehicle speed obtained from a vehicle speed sensor, vehicle surrounding information obtained from one or more vehicle radars, lidars, cameras, and static/dynamic information obtained from a vehicle navigation system.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Muyshondt to include monitoring the current speed of the vehicle. Doing so allows for modeling the vehicle environment in real time [Muyshondt, pg. 5, paras 0088-0089 and 0096], which allows for improved reliability and accuracy of the data [Muyshondt, pgs. 2-3, paras 0043-0045] and better evaluating or predicting scenarios encountered by the ego vehicle, such as cross traffic [Muyshondt, pg. 6, para 0109]. Doing so is further important for a system, such as known systems like an adaptive cruise system which aims to control the distance of the ego vehicle and the preceding vehicle the same, especially in traffic jam scenarios, or in the case of other known systems, such as an advanced cruise system which aims to control the speed and clearance between the ego vehicle and the preceding vehicle using sensors [Muyshondt, pg. 1, paras 0003-0006], and further, is used to prevent collisions and improve traffic flow [Muyshondt, pg. 1, para 0009].
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sata in view of Muyshondt, further in view of Tashiro.
Regarding Claim 12, Sata as modified discloses the limitations of Claim 1.
Sata does not disclose: (Currently Amended) […] monitoring signalling lights of the preceding vehicle; and monitoring a lateral position of the preceding vehicle relative to a road section on which the preceding vehicle is travelling.
However, Tashiro teaches: (Currently Amended) […]: monitoring signalling lights of the preceding vehicle; and monitoring a lateral position of the preceding vehicle relative to a road section on which the preceding vehicle is travelling. See [Tashiro, pgs. 2-3, paras 0041-0044], which further explains that the surrounding information is acquired using shared data or data acquired from sensors, including another vehicle’s position, such as when it is steered and no longer in front of the host vehicle or based on the other vehicle’s blinker, “[0041] […]. In addition, the surrounding vehicle information acquisition unit 126 desirably acquires information about a vehicle not only on forward and backward directions but also a vehicle around the host vehicle including a vehicle on a lateral direction (position, speed, acceleration, turning signal, steering, and the like), which may be acquired not only by a camera or radar but also by inter-vehicle communication. [0042] […]. [0043] […]. [0044] When the host vehicle 401 is following the preceding vehicle 404 and the preceding vehicle 404 is no longer in front of the host vehicle 401 due to a right or left turn or the like thereof (iii), where the traffic signal is blue, it is determined that there is an acceleration possibility. Here, the controller 111 decides the acceleration possibility, on the basis of information about detection of blinker signal of the preceding vehicle by the surrounding vehicle information acquisition unit 126, such as a camera, attached to the host vehicle 401 or detection that the preceding vehicle is being steered.” See also [Tashiro, pgs. 3-4, paras 0050-0051], which further explain that the same techniques can be used specifically for determining a deceleration of the preceding vehicle, “[0050] […]. Furthermore, when the preceding vehicle turns right or left and merges in front of the host vehicle traveling on a road (iv), the controller 111 determines that there is a deceleration possibility of the host vehicle 401. It should be noted that the controller 111 determines that the preceding vehicle merges into the road on which the host vehicle travels, on the basis of information from the surrounding road information acquisition unit 125 or the surrounding vehicle information acquisition unit 126. [0051] Furthermore, when the controller 111 detects a request for lane change (v) of the host vehicle 401, the preceding vehicle 404 is at a destination of lane change, and a speed of the preceding vehicle 404 is smaller than the speed of the host vehicle 401, it is determined that there is a deceleration possibility. Here, in a method for detecting a lane change request, the controller 111 determines whether there is a blinker signal from the host vehicle 401 or when there is a blinker signal or when a steering operation amount is equal to or more than a predetermined value, it is determined that lane change is to be performed.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Sata with Tashiro to include monitoring a preceding vehicle position and turn signals. Doing so allows the host vehicle to predict preceding vehicle behavior and set an appropriate host vehicle behavior for acceleration and deceleration [Tashiro, pgs. 6-7, para 0076], where setting the correct operating point during acceleration improves fuel consumption [Tashiro, pg. 1, para 0009]. And further allows the system to achieve the desired deceleration and maintain appropriate distance [Tashiro, pg. 4, para 0056].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
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