DETAILED ACTION
Response to Amendment
This action regarding application number 19/002,190, filed December 26, 2024, is in response to the applicants arguments and amendments filed 6/9/2026. Claims 1-2 and 5 have been amended. New claims 6-9 have been added. Claims 1-5 are currently pending and are addressed below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
The applicants arguments and amendments to the application have overcome some of the objections and rejections previously set forth in the Non-Final action mailed March 11, 2026. Applicants amendments to claim 1 has rendered the previous interpretation under 35 USC 112(f) moot through the removal of the interpreted language, therefore the interpretation is withdrawn. Applicants amendments to claim 1 and 5 have been deemed sufficient to overcome the previous 35 USC 101 rejections through the inclusion of “perform driving assistance for the vehicle in response to determining that the predetermined target is present in the area of the driving assistance zone” therefore the rejections are withdrawn. Applicants amendments to claims 1 and 5 have been deemed sufficient to overcome the previous 35 USC 103 rejections through the inclusion of “a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle” therefore the rejections are withdrawn. However as this changes the scope of the claims, new art rejections have been made based on the changes in scope. Additionally the applicants arguments have been fully considered but are not fully persuasive for the reasons seen below.
Applicant’s arguments with respect to claim(s) 1 and 5 and specifically with the detection area starting from the front of the vehicle, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On pages 7 the applicant argues “In addition, Fujita describes that detecting a moving object far from the pedestrian crosswalk is problematic (paragraph [0005]). Therefore, Fujita teaches determining the detection area based on traffic lines. Fujita teaches away from enlarging the area of the driving assistance area so as to expand in an outward direction of the vehicle and the enlarged area encompasses the entire zone of the driving assistance zone at the time of detection of the crosswalk (before enlargement). Therefore, amended claim 1 would not have been obvious over Fujita. Thus, lacking any teaching and/or suggestion of each and every limitation of the amended independent claims 1 and 5, it is respectfully submitted that Fujita fails to anticipate the same. It is respectfully submitted that "[a]nticipation requires a showing that each limitation of a claim is found in a single reference." Atofina v. Great Lakes Chem. Corp., 441 F.3d 991, 999 (Fed. Cir. 2006).”, the examiner respectfully disagrees.
MPEP 2142-2144 discusses the requirements for a case of obviousness using 35 USC 103 and provides examples of such cases. MPEP 2111 discusses Broadest Reasonable Interpretation and the interpretation of claims.
As discussed in the rejections below Fujita teaches determining a detection area based on the determination of a crosswalk, Fujita further teaches that the detection area can be enlarged based on a distance to a crosswalk (Paragraph [0063], “For example, in the example illustrated in FIG. 10B, the distance from the target pedestrian crosswalk B1 to the subject vehicle V1 is larger than that in the example illustrated in FIG. 10C, so the control device 160 uses the detection area setting function to extend the detection area RT in the width direction (Y-direction) of the target pedestrian crosswalk B1. Thus, even when the distance from the subject vehicle to the target pedestrian crosswalk is long, the moving object can be stably detected by taking into account the detection accuracy of the ambient detection sensor 110 to set the detection area.”) See figures 10B and 10C.
Therefore the combination of Fujita and Hanita teaches enlarging the area of the driving assistance area so as to expand in an outward direction of the vehicle and the enlarged area encompasses the entire zone of the driving assistance zone at the time of detection of the crosswalk. The rejections under 35 USC 103 are maintained.
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 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.
Claim 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita (US-20190023239) in view of Hanita (US 20160167580).
Regarding claim 1, Fujita teaches a driving assistance device that performs driving assistance for a vehicle (Paragraph [0027], "FIG. 1 is a block diagram illustrating the configuration of a travel control apparatus 100 for a vehicle according to an embodiment of the present invention.")
when a predetermined target is present in a driving assistance zone that is set on a front side vehicle (Paragraph [0028], "The ambient detection sensor 110 detects objects existing around the subject vehicle. Examples of such an ambient detection sensor 110 include a front camera that captures images ahead of the subject vehicle ... Examples of the objects detected by the ambient detection sensor 110 include ... pedestrian crosswalks. The ambient detection sensor 110 may be configured using one sensor of the above-described sensors or may also be configured using a combination of two or more sensors. The detection results of the ambient detection sensor 110 are output to the control device 160," here the vehicle includes an driving assistance device with a plurality of sensors to detect targets in a zone in front of the vehicle)
comprising a processor, a memory and a peripheral sensor, wherein: (Paragraph [0034], “The control device 160 is composed of a read only memory (ROM) that stores programs for controlling travel of the subject vehicle, a central processing unit (CPU) that executes the programs stored in the ROM, and a random access memory (RAM) that serves as an accessible storage device.”) (Paragraph [0035], “ambient detection sensor 110”)
the processor is configured to change setting of area of the driving assistance device (Paragraph [0044], "The detection area setting function of the control device 160 is a function capable of setting a detection area for detecting a moving object")
and the processor is configured to receive peripheral data from the peripheral sensor (Paragraph [0035], “an ambient information acquisition function of acquiring the detection results of the ambient detection sensor 110”)
detect whether a crosswalk is present on the front side of the vehicle based on the peripheral data (Paragraph [0028], “Examples of the objects detected by the ambient detection sensor 110 include pedestrians, bicycles, motorbikes, cars, obstacles on a road, traffic signals, road surface signs, and pedestrian crosswalks.”)
when the setting of the area of the driving assistance zone at a time of detection of a crosswalk on the front side of the vehicle is changeable in an enlarging direction (Paragraph [0061], "In step S112, the detection area setting function serves to extend the detection area to the position of the stop line. FIG. 8 is a diagram illustrating an example of the detection area when stop lines exist,” here the system is detecting a crosswalk with crosswalk lines and the area is changeable in an enlarging direction)
enlarge the area of the driving assistance zone so as to expand in an outward direction of the vehicle and encompass an entire zone of the driving assistance zone at the time of detection of the crosswalk (Paragraph [0061], "In the example illustrated in FIG. 8, only stop lines SL1 and SL2 close to the target pedestrian crosswalk B1 are detected, and the control device 160 therefore uses the detection area setting function to extend the detection area RT to the positions of the stop lines SL1 and S2 in the width direction (Y-direction) of the target pedestrian crosswalk B1," here the system is extending/enlarging the zone to encompass the entire crosswalk).
determine whether the predetermined target is present in the area of the driving assistance zone (Paragraph [0045], “The moving object detection function of the control device 160 is a function capable of detecting a moving object in the detection area which is set using the detection area setting function.”)
and perform driving assistance for the vehicle in response to determining that the predetermined target is present in the area of the driving assistance zone (Paragraph [0046], “In addition or alternatively, the control device 160 can use the travel control function to automatically execute the right or left turn at an intersection, lane change, parking, stopping, and other necessary actions through controlling the driving mechanisms such as an engine and a brake and the steering mechanism such as a steering actuator on the basis of the detection results of the ambient detection sensor 110 and the given travel conditions.”).
However Fujita does not explicitly teach a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle.
Hanita teaches a warning device that includes: a host vehicle information acquisition unit configured to acquire host vehicle information that includes a traveling direction and a vehicle speed of a host vehicle including
a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle (See Figure 4 showing the system determining a driving assistance zone delineated by threshold distances, this warning area can be seen to start from the front of the vehicle) (Paragraph [0044], “The threshold setting unit 8g sets a threshold based on the intersection position distance X and on the determination result of the vehicle speed determination unit 8f. The threshold is a value indicating whether to output a warning command from the warning command output unit 8h.”).
Fujita and Hanita are analogous art as they are both generally related to systems and methods for determining warning zones for vehicles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle of Hanita in the a driving assistance device that performs driving assistance for a vehicle of Fujita with a reasonable expectation of success in order to modify the system to only output warning that are deemed likely to occur and reduce the inconvenience of receiving unnecessary warnings (Paragraph [0058], “During usual traveling on a priority road where the vehicle speed at an intersection is higher than the predetermined speed, the warning device 100 in this embodiment outputs a warning later than the time at which a warning would be output on a non-priority road. This reduces the output of warnings about a moving object C with which the host vehicle is less likely to collide, thus avoiding inconvenience of receiving unnecessary warnings.”).
Regarding claim 2, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, Fujita further teaches wherein, processor is configured to, when the area of the driving assistance zone at the time of detection of a crosswalk on the front side of the vehicle is not largest settable area, enlarge the area of the driving assistance zone to the largest settable area (Paragraph [0070], “On the other hand, when, in step S119, the length LW of the waiting area is not longer than the moving distance LX of the moving object, the routine proceeds to step S121. In step S121, the detection area setting function serves to extend the detection area into the entire waiting area. For example, in the example illustrated in FIG. 12, the length LW2 of the waiting area RW2 is the same length as the moving distance LX2 of the moving object, and the detection area setting function therefore serves to extend the detection area RT into the entire waiting area RW2,” here the system if determining if the length of the area and then extending the detection area to the entire waiting area/maximum settable area).
Regarding claim 3, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, Fujita further teaches wherein the crosswalk is a crosswalk at which no traffic light is installed (Paragraph [0056], “The control device 160 can use the detection area setting function to set the area of a target pedestrian crosswalk B1 as the detection area RT as illustrated in FIG. 6 because, in step S107, the traffic line of the moving object is estimated on the target pedestrian crosswalk,” here the system is using the traffic line and crosswalk markings to determine the presence of a crosswalk) (See figure 6 showing no traffic signal and figure 14 showing a traffic light installed, the system of Fujita takes both situations into account and the system can detect crosswalks without traffic signals using ground markings).
Regarding claim 4, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, Fujita further teaches wherein the predetermined target is a mobile body that is able to travel on the crosswalk and is moving in a direction toward the vehicle (See Figures 14 and 15showing determined zones around a detected crosswalk the zones including traffic patterns S4 and S5 which include directions moving towards the vehicle, which pedestrians/mobile bodies will travel on the crosswalk).
Regarding claim 5, the combination of Fujita and Hanita teaches a driving assistance method that performs driving assistance for a vehicle (Paragraph [0027], "FIG. 1 is a block diagram illustrating the configuration of a travel control apparatus 100 for a vehicle according to an embodiment of the present invention.")
when a predetermined target is present in a driving assistance zone that is set on a front side vehicle (Paragraph [0028], "The ambient detection sensor 110 detects objects existing around the subject vehicle. Examples of such an ambient detection sensor 110 include a front camera that captures images ahead of the subject vehicle ... Examples of the objects detected by the ambient detection sensor 110 include ... pedestrian crosswalks. The ambient detection sensor 110 may be configured using one sensor of the above-described sensors or may also be configured using a combination of two or more sensors. The detection results of the ambient detection sensor 110 are output to the control device 160," here the vehicle includes an driving assistance device with a plurality of sensors to detect targets in a zone in front of the vehicle)
the vehicle includes a driving assistance device comprising a processor, a memory and a peripheral sensor, the driving assistance method comprising the steps of (Paragraph [0034], “The control device 160 is composed of a read only memory (ROM) that stores programs for controlling travel of the subject vehicle, a central processing unit (CPU) that executes the programs stored in the ROM, and a random access memory (RAM) that serves as an accessible storage device.”) (Paragraph [0035], “ambient detection sensor 110”)
permitting setting of area of the driving assistance zone to be changed (Paragraph [0044], "The detection area setting function of the control device 160 is a function capable of setting a detection area for detecting a moving object")
receiving peripheral data from the peripheral sensor (Paragraph [0035], “an ambient information acquisition function of acquiring the detection results of the ambient detection sensor 110”)
detecting whether a crosswalk is present on the front side of the vehicle based on the peripheral data (Paragraph [0028], “Examples of the objects detected by the ambient detection sensor 110 include pedestrians, bicycles, motorbikes, cars, obstacles on a road, traffic signals, road surface signs, and pedestrian crosswalks.”)
and when the area of the driving assistance zone at a time of detection of a crosswalk on the front side of the vehicle is changeable in an enlarging direction (Paragraph [0061], "In step S112, the detection area setting function serves to extend the detection area to the position of the stop line. FIG. 8 is a diagram illustrating an example of the detection area when stop lines exist,” here the system is detecting a crosswalk with crosswalk lines and the area is changeable in an enlarging direction)
enlarging the area of the driving assistance zone so as to expand in an outward direction of the vehicle and encompass an entire zone of the driving assistance zone at the time of detection of the crosswalk (Paragraph [0061], "In the example illustrated in FIG. 8, only stop lines SL1 and SL2 close to the target pedestrian crosswalk B1 are detected, and the control device 160 therefore uses the detection area setting function to extend the detection area RT to the positions of the stop lines SL1 and S2 in the width direction (Y-direction) of the target pedestrian crosswalk B1," here the system is extending/enlarging the zone to encompass the entire crosswalk)
determining whether the predetermined target is present in the area of the driving assistance zone (Paragraph [0045], “The moving object detection function of the control device 160 is a function capable of detecting a moving object in the detection area which is set using the detection area setting function.”)
and performing driving assistance for the vehicle in response to determining that the predetermined target is present in the area of the driving assistance zone (Paragraph [0046], “In addition or alternatively, the control device 160 can use the travel control function to automatically execute the right or left turn at an intersection, lane change, parking, stopping, and other necessary actions through controlling the driving mechanisms such as an engine and a brake and the steering mechanism such as a steering actuator on the basis of the detection results of the ambient detection sensor 110 and the given travel conditions.”).
However Fujita does not explicitly teach when a predetermined target is present in a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle.
Hanita teaches a warning device that includes: a host vehicle information acquisition unit configured to acquire host vehicle information that includes a traveling direction and a vehicle speed of a host vehicle including
when a predetermined target is present in a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle (See Figure 4 showing the system determining a driving assistance zone delineated by threshold distances, this warning area can be seen to start from the front of the vehicle) (Paragraph [0044], “The threshold setting unit 8g sets a threshold based on the intersection position distance X and on the determination result of the vehicle speed determination unit 8f. The threshold is a value indicating whether to output a warning command from the warning command output unit 8h.”).
Fujita and Hanita are analogous art as they are both generally related to systems and methods for determining warning zones for vehicles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include when a predetermined target is present in a driving assistance zone that starts from a front end of the vehicle and is set on a front side vehicle of Hanita in the a driving assistance device that performs driving assistance for a vehicle of Fujita with a reasonable expectation of success in order to modify the system to only output warning that are deemed likely to occur and reduce the inconvenience of receiving unnecessary warnings (Paragraph [0058], “During usual traveling on a priority road where the vehicle speed at an intersection is higher than the predetermined speed, the warning device 100 in this embodiment outputs a warning later than the time at which a warning would be output on a non-priority road. This reduces the output of warnings about a moving object C with which the host vehicle is less likely to collide, thus avoiding inconvenience of receiving unnecessary warnings.”).
Regarding claim 6, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, Fujita further teaches a vehicle comprising the driving assistance device according to claim 1 (Paragraph [0005], “A problem to be solved by the present invention is to provide a travel control method for a vehicle and a travel control apparatus for a vehicle with which, when the subject vehicle approaches a pedestrian crosswalk, a moving object that may come close to the subject vehicle can be appropriately detected.”).
Regarding claim 7, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, however Fujita does not explicitly teach wherein the area of the driving assistance zone is changed among three levels.
Hanita further teaches wherein the area of the driving assistance zone is changed among three levels (See Figure 2B showing a plurality of determined thresholds that are determined by the speed and distance of the vehicle to the intersection) (See also figure 4 showing an example of these tiered thresholds).
Fujita and Hanita are analogous art as they are both generally related to systems and methods for determining warning zones for vehicles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the area of the driving assistance zone is changed among three levels of Hanita in the a driving assistance device that performs driving assistance for a vehicle of Fujita with a reasonable expectation of success in order to modify the system to only output warning that are deemed likely to occur and reduce the inconvenience of receiving unnecessary warnings (Paragraph [0058], “During usual traveling on a priority road where the vehicle speed at an intersection is higher than the predetermined speed, the warning device 100 in this embodiment outputs a warning later than the time at which a warning would be output on a non-priority road. This reduces the output of warnings about a moving object C with which the host vehicle is less likely to collide, thus avoiding inconvenience of receiving unnecessary warnings.”).
Regarding claim 8, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, Fujita further teaches wherein the driving assistance zone includes a predetermined zone on a right front side of the vehicle and a predetermined zone on a left front side of the vehicle (See Figure 11 showing the driving assistance detection zone including areas to the front right and front left of the vehicle based on the positioning of the crosswalk).
Regarding claim 9, the combination of Fujita and Hanita teaches the system as discussed above in claim 1, however Fujita does not explicitly teach wherein the predetermined zone on the right front side of the vehicle and the predetermined zone on the left front side of the vehicle are bilaterally symmetrical.
Hanita further teaches wherein the predetermined zone on the right front side of the vehicle and the predetermined zone on the left front side of the vehicle are bilaterally symmetrical (See Figure 2B showing a plurality of determined thresholds that are determined by the speed and distance of the vehicle to the intersection) (See also figure 4 showing an example of these tiered thresholds) (Paragraph [0010], “According to the warning device in the above aspect, a warning is output when the estimated crossing-time (hereinafter called “ECT”), which elapses before a moving object arrives at an intersection position, is smaller than the threshold. This threshold is set larger when the vehicle speed of the host vehicle is determined equal to or lower than the predetermined speed than when the vehicle speed of the host vehicle is not determined equal to or lower than the predetermined speed. By setting the threshold in this manner, the threshold can be set larger at a time of traveling on a non-priority road during which the vehicle speed becomes equal to or lower than the predetermined speed at an intersection than at a usual traveling time such as when traveling on a priority road. As a result, a warning can be output earlier as compared to a usual traveling time. Therefore, a warning can be output at an appropriate time at an intersection,” here the system is determining the threshold area using a crossing time determination, this crossing time calculation determines when an object is going to be in the intersection and applies to vehicles approaching from both the left and the right side making the warning zone bilaterally symmetrical).
Fujita and Hanita are analogous art as they are both generally related to systems and methods for determining warning zones for vehicles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the predetermined zone on the right front side of the vehicle and the predetermined zone on the left front side of the vehicle are bilaterally symmetrical of Hanita in the a driving assistance device that performs driving assistance for a vehicle of Fujita with a reasonable expectation of success in order to modify the system to only output warning that are deemed likely to occur and reduce the inconvenience of receiving unnecessary warnings (Paragraph [0058], “During usual traveling on a priority road where the vehicle speed at an intersection is higher than the predetermined speed, the warning device 100 in this embodiment outputs a warning later than the time at which a warning would be output on a non-priority road. This reduces the output of warnings about a moving object C with which the host vehicle is less likely to collide, thus avoiding inconvenience of receiving unnecessary warnings.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ali (US-20240303955) teaches one or more controllers determine a position of the detected object based on the reflected signal and compare the position of the detected object with a dynamic region of interest (ROI). McGill (US-11904854) teaches a method includes receiving data relating to pedestrian activity at one or more locations outside of a crosswalk, analyzing the data, based on the data, identifying at least one location of the one or more locations as a constructive crosswalk, and controlling operation of an autonomous vehicle based on the at least one location of the constructive crosswalk. Mneimneh (US-20230031375) teaches a machine learning model to generate an intent yielding score that represents a likelihood that the autonomous vehicle should perform a yielding behavior due to the intent of the agent to cross the roadway.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER FEES whose telephone number is (303)297-4343. The examiner can normally be reached Monday-Thursday 7:30 - 5:30 MT.
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/CHRISTOPHER GEORGE FEES/Primary Examiner, Art Unit 3662
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