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 .
Response to Arguments
Applicant’s arguments, see page 6, filed 07/23/2026, with respect to the rejection under 35 USC 112 have been fully considered and are persuasive. The rejection of 05/12/2026 has been withdrawn.
Applicant's arguments filed 07/23/2026 with respect to the rejections under 35 USC 103 have been fully considered but they are not persuasive. The applicant argues that the amendments to the claims are not taught by all the art of record. While it is true that Fukuda alone fails to teach determining energy consumption based off all four recited parameters, Ishii et al. has been previously cited as teaching such a limitation with respect to claim 2. The applicant has merely stated that Ishii et al. fails to teach this limitation, without providing supporting evidence for this argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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(s) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (WO 2022196679, previously cited) in view of Chakraborty et al. (US 5839534, previously cited), in view of Ishii et al. (US 20150039178, previously cited).
Claim 1.
Fukuda teaches:
A vehicle driver-assistance device comprising a control device that selectively executes, as driver-assistance control
(Fukuda – [0007]) “a selection unit that selects, as the set vehicle distance, the vehicle distance corresponding to the smallest amount of energy consumption among the plurality of calculated energy consumption amounts from the plurality of vehicle distances”
first following drive control for causing an own vehicle to autonomously drive such that an inter-vehicle distance between the own vehicle and a preceding vehicle is maintained at a set inter-vehicle distance
(Fukuda – [0007]) “a selection unit that selects, as the set vehicle distance, the vehicle distance corresponding to the smallest amount of energy consumption among the plurality of calculated energy consumption amounts from the plurality of vehicle distances”
second following drive control for causing the own vehicle to autonomously drive while allowing the inter-vehicle distance
(Fukuda – [0007]) “a selection unit that selects, as the set vehicle distance, the vehicle distance corresponding to the smallest amount of energy consumption among the plurality of calculated energy consumption amounts from the plurality of vehicle distances”
acquire, based on air resistance of the own vehicle, a first amount of energy to be consumed by the entire own vehicle as a first energy consumption amount when it is assumed that the first following drive control has been executed
(Fukuda – [0007]) “a calculation unit that calculates the amount of energy consumed by the vehicle based on the set vehicle speed and the amount of traveling wind experienced by the vehicle each time a plurality of predetermined vehicle distances for following driving is taken”
acquire, based on the air resistance of the own vehicle, a second amount of energy to be consumed by the entire own vehicle as a second energy consumption amount when it is assumed that the second following drive control has been executed
(Fukuda – [0007]) “a calculation unit that calculates the amount of energy consumed by the vehicle based on the set vehicle speed and the amount of traveling wind experienced by the vehicle each time a plurality of predetermined vehicle distances for following driving is taken”
execute the first following drive control when the first energy consumption amount is equal to or less than the second energy consumption amount
(Fukuda – [0007]) “a selection unit that selects, as the set vehicle distance, the vehicle distance corresponding to the smallest amount of energy consumption among the plurality of calculated energy consumption amounts from the plurality of vehicle distances”
execute the second following drive control when the second energy consumption amount is smaller than the first energy consumption amount
(Fukuda – [0007]) “a selection unit that selects, as the set vehicle distance, the vehicle distance corresponding to the smallest amount of energy consumption among the plurality of calculated energy consumption amounts from the plurality of vehicle distances”
wherein the control device is configured to acquire the first energy consumption amount and the second energy consumption amount based on (i) a gradient of a road on which the own vehicle is scheduled to travel
(Fukuda – [0048]) “the prediction unit 140 predicts that the load on the vehicle will increase if an uphill climb is planned, predicts that the load on the vehicle will decrease if a downhill climb is planned, and predicts that the load on the vehicle will not change (no change) if neither an uphill nor a downhill climb is planned.”
While Fukuda teaches selecting between inter-vehicle distances based on energy consumption, Fukuda does not explicitly teach a range in which inter-vehicle distances can vary. However, Chakraborty et al. teaches:
drive control for causing the own vehicle to autonomously drive while allowing the inter-vehicle distance to vary within a set inter-vehicle distance range
(Chakraborty – Abstract) “The distance control mode maintains a selectable headway range relative to a forward vehicle”
in a case of requesting execution of the driver-assistance control
(Chakraborty – Col. 9, lines 10-15) “the driver interface for intelligent cruise control is substantially similar to a conventional cruise control interface so as to provide a nominal learning curve to utilize the intelligent cruise control features. The vehicle driver selects a desired following (headway) distance (preferably in seconds) via a potentiometer located on the dashboard console.”
It would have been obvious to one possessing ordinary skill in the art before the effective filing date to combine these teachings, modifying the inter-vehicle distance determination device of Fukuda with the selectable headway range of Chakraborty et al. One would have been motivated to do this in order to reduce driver intervention in attaining a desired following distance (Chakraborty – Col. 5, lines 19-23).
Fukuda does not explicitly teach the additionally claimed parameters in determining the energy consumption amount; however, Ishii et al. teaches:
wherein the control device is configured to acquire the first energy consumption amount and the second energy consumption amount based on (i) a gradient of a road on which the own vehicle is scheduled to travel, (ii) a weight of the own vehicle, (iii) an amount of electric power consumed by the own vehicle, and (iv) the air resistance of the own vehicle
(Ishii – [0089]) “In step S807, the output of the driving source is calculated by multiplying the sum of the traveling resistance, the air resistance force, and the accelerating resistance force by the vehicle speed. The output of the driving source is time-integrated at the time interval of the speed pattern, thereby calculating the energy consumption between the preceding time and the current time in the speed pattern. Note that when the vehicle characteristic DB 104 includes the efficiency of the driving source and the power transmission system, the power (electric power for an electric motor) to be input to the driving source can be obtained by dividing the output of the driving source by the efficiency, and the energy consumption can more correctly be estimated.”
[Examiner’s Note: As discussed in further detail below, the parameters used herein are determined based on the road gradient, weight, power consumption, and air resistance.]
It would have been obvious to one possessing ordinary skill in the art to combine these teachings, modifying the energy consumption calculation unit of Fukuda with the additional energy consumption calculation terms of Ishii et al. Both Fukuda and Ishii et al. are directed towards the calculation of energy consumption; therefore, a person possessing ordinary skill in the art would have recognized that they could be combined in this fashion with predictable results. One would have been motivated to do this because the additional terms of Ishii et al. would allow for a more accurate calculation of the energy consumed.
Claim 2.
The combination of Fukuda, Chakraborty et al., and Ishii et al. teaches all the limitations of claim 1, as discussed above. Fukuda further teaches:
acquire, at a predetermined time interval, the air resistance as a first air resistance transition based on a size of the preceding vehicle, a vehicle speed of the own vehicle , at the predetermined time interval, when it is assumed that the first following drive control has been executed, and an inter-vehicle distance when it is assumed that the first following drive control has been executed
(Fukuda – [0012]) “the amount of wind received by the vehicle (hereinafter simply referred to as ‘wind volume’) changes depending on the inter-vehicle distance”
(Fukuda – [0028]) “the traveling wind volume is determined for each vehicle speed in the case of a short inter-vehicle distance and in the case of a long inter-vehicle distance.”
acquire the first energy consumption amount
(Fukuda – [0007]) “a calculation unit that calculates the amount of energy consumed by the vehicle based on the set vehicle speed and the amount of traveling wind experienced by the vehicle each time a plurality of predetermined vehicle distances for following driving is taken”
(Fukuda – [0048]) “the prediction unit 140 predicts that the load on the vehicle will increase if an uphill climb is planned, predicts that the load on the vehicle will decrease if a downhill climb is planned, and predicts that the load on the vehicle will not change (no change) if neither an uphill nor a downhill climb is planned.”
acquire, at the predetermined time interval, the air resistance as a second air resistance transition based on the size of a preceding vehicle, a vehicle speed of the own vehicle, at the predetermined time interval, when it is assumed that the second following drive control has been executed, and the inter-vehicle distance, at the predetermined time interval when it is assumed that the second following drive control has been executed
(Fukuda – [0012]) “the amount of wind received by the vehicle (hereinafter simply referred to as ‘wind volume’) changes depending on the inter-vehicle distance”
(Fukuda – [0028]) “the traveling wind volume is determined for each vehicle speed in the case of a short inter-vehicle distance and in the case of a long inter-vehicle distance.”
acquire the second energy consumption amount
(Fukuda – [0007]) “a calculation unit that calculates the amount of energy consumed by the vehicle based on the set vehicle speed and the amount of traveling wind experienced by the vehicle each time a plurality of predetermined vehicle distances for following driving is taken”
(Fukuda – [0048]) “the prediction unit 140 predicts that the load on the vehicle will increase if an uphill climb is planned, predicts that the load on the vehicle will decrease if a downhill climb is planned, and predicts that the load on the vehicle will not change (no change) if neither an uphill nor a downhill climb is planned.”
Fukuda does not explicitly teach the additionally claimed resistance terms; however, Ishii et al. teaches:
acquire, at a predetermined time interval, the air resistance as a first air resistance transition based on a size of the preceding vehicle, a vehicle speed of the own vehicle , at the predetermined time interval, when it is assumed that the first following drive control has been executed
(Ishii – [0087]) “In step S805, an air resistance force is calculated, from the air resistance coefficient and the frontal projected area acquired from the vehicle characteristic DB 104 and the speed obtained from the speed pattern, using
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(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire a gradient resistance of the own vehicle, at the predetermined time interval, as a first gradient resistance transition based on the gradient and the weight of the own vehicle
(Ishii – [0126, 0129]) “In step S1402, a rolling resistance force and a grade resistance force are obtained by
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(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire a rolling resistance of the own vehicle as a first rolling resistance based on the weight of the own vehicle
(Ishii – [0126, 0129]) “In step S1402, a rolling resistance force and a grade resistance force are obtained by
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(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire an acceleration resistance of the own vehicle, at the predetermined time interval, as a first acceleration resistance transition based on the weight of the own vehicle and an acceleration of the own vehicle, at the predetermined time interval when it is assumed that the first following drive control has been executed
(Ishii – [0088]) “In step S806, an accelerating resistance force is calculated by multiplying the acceleration calculated in step S802 by the vehicle weight”
(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire the first energy consumption amount by integrating energy consumption amounts acquired based on the first air resistance transition, the first gradient resistance transition, the first rolling resistance, the first acceleration resistance transition, and the amount of electric power consumed by the own vehicle, which were acquired at the predetermined time interval
(Ishii – [0089]) “In step S807, the output of the driving source is calculated by multiplying the sum of the traveling resistance, the air resistance force, and the accelerating resistance force by the vehicle speed. The output of the driving source is time-integrated at the time interval of the speed pattern, thereby calculating the energy consumption between the preceding time and the current time in the speed pattern. Note that when the vehicle characteristic DB 104 includes the efficiency of the driving source and the power transmission system, the power (electric power for an electric motor) to be input to the driving source can be obtained by dividing the output of the driving source by the efficiency, and the energy consumption can more correctly be estimated.”
(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
acquire, at the predetermined time interval the air resistance as a second air resistance transition based on the size of a preceding vehicle, a vehicle speed of the own vehicle, at the predetermined time interval, when it is assumed that the second following drive control has been executed
(Ishii – [0087]) “In step S805, an air resistance force is calculated, from the air resistance coefficient and the frontal projected area acquired from the vehicle characteristic DB 104 and the speed obtained from the speed pattern, using
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(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire the gradient resistance of the own vehicle, at the second predetermined time interval, as a second gradient resistance transition based on the gradient and the weight of the own vehicle
(Ishii – [0126, 0129]) “In step S1402, a rolling resistance force and a grade resistance force are obtained by
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(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire a rolling resistance of the own vehicle as a second rolling resistance based on the weight of the own vehicle
(Ishii – [0126, 0129]) “In step S1402, a rolling resistance force and a grade resistance force are obtained by
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(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire an acceleration resistance of the own vehicle, at the predetermined time interval, as a second acceleration resistance transition based on the weight of the own vehicle and an acceleration of the own vehicle, at the predetermined time interval when it is assumed that the second following drive control has been executed
(Ishii – [0088]) “In step S806, an accelerating resistance force is calculated by multiplying the acceleration calculated in step S802 by the vehicle weight”
(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
[Examiner’s Note: Integration of a series of data at a particular time interval requires that data points exist at (i.e., are gathered at) said time interval.]
acquire the second energy consumption amount by integrating energy consumption amounts acquired based on the second air resistance transition, the second gradient resistance transition, the second rolling resistance, the second acceleration resistance transition, and the amount of electric power consumed by the own vehicle, which were acquired at the predetermined time interval
(Ishii – [0089]) “In step S807, the output of the driving source is calculated by multiplying the sum of the traveling resistance, the air resistance force, and the accelerating resistance force by the vehicle speed. The output of the driving source is time-integrated at the time interval of the speed pattern, thereby calculating the energy consumption between the preceding time and the current time in the speed pattern. Note that when the vehicle characteristic DB 104 includes the efficiency of the driving source and the power transmission system, the power (electric power for an electric motor) to be input to the driving source can be obtained by dividing the output of the driving source by the efficiency, and the energy consumption can more correctly be estimated.”
(Ishii – [0089]) “The output of the driving source is time-integrated at the time interval of the speed pattern”
It would have been obvious to one possessing ordinary skill in the art to combine these teachings, modifying the energy consumption calculation unit of Fukuda with the additional energy consumption calculation terms of Ishii et al. Both Fukuda and Ishii et al. are directed towards the calculation of energy consumption; therefore, a person possessing ordinary skill in the art would have recognized that they could be combined in this fashion with predictable results. One would have been motivated to do this because the additional terms of Ishii et al. would allow for a more accurate calculation of the energy consumed.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Fukuda, Chakraborty et al., and Ishii et al. as applied to claim 2 above, and further in view of Kume et al. (US 5434780).
Claim 3.
The combination of Fukuda, Chakraborty et al., and Ishii et al. teaches all the limitations of claim 2, as discussed above. While Ishii et al. teaches an acceleration resistance based on the acceleration and weight of the own vehicle, Ishii et al. does not teach an equivalent inertia weight. However, Kume et al. teaches:
wherein the acceleration resistance of the own vehicle is calculated based on the acceleration of the own vehicle, the weight of the own vehicle, and an equivalent inertia weight
(Kume – Col. 5, line 65-Col. 6, line 2) “an accelerating resistance calculation part 63 which evaluates an accelerating resistance torque Ti in such a way that the inertial weight of the vehicle (that is, the vehicle weight W+a weight Wr corresponding to the rotating parts of the vehicle) is multiplied by the detected acceleration a”
It would have been obvious to one possessing ordinary skill in the art before the effective filing date to combine these teachings, modifying the acceleration resistance calculation of Ishii et al. with the inertial weight term of Kume et al. Both Ishii et al. and Kume et al. are directed towards the calculation of an acceleration resistance; therefore, a person of ordinary skill in the art would have recognized that this combination could be made with predictable results.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Fukuda, Chakraborty et al., and Ishii et al. as applied to claim 1 above, and further in view of Ge et al. ("Longitudinal control of intelligent vehicle").
Claim 4.
The combination of Fukuda, Chakraborty et al., and Ishii et al. teaches all the limitations of claim 1, as discussed above. While Fukuda teaches determining a following drive control based on the energy consumption, Fukuda does not explicitly teach a relationship between the inter-vehicle distance ranges of the following drive controls. However, Ge et al. teaches, with respect to Fig. 1 below:
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Figure 1: The three vehicle following zones of Ge et al. (originally Ge Fig. 1)
wherein the set inter-vehicle distance range of the second following drive control has (a) a lower limit value for the inter-vehicle distance that is equal to the set inter-vehicle distance of the first following drive control and (b) an upper limit value for the inter-vehicle distance that is a predetermined distance greater than the set inter-vehicle distance of the first following drive control
(Ge – Page 1849) “Zone II (speed following zone):
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[Examiner’s Note: As seen herein, Zone 3 (corresponding to the first following drive control) has an inter-vehicle distance which is the lower limit of Zone 2 (corresponding to the second following drive control).]
It would have been obvious to one possessing ordinary skill in the art before the effective filing date to combine these teachings, modifying the following control of Fukuda with the longitudinal control of Ge et al. Both Fukuda and Ge et al. are directed towards controlling the following distance of a vehicle; therefore, a person of ordinary skill in the art would have recognized that the two teachings could be combined with predictable results. One would have been motivated to do this in order to allow the vehicle to properly handle situations such as a cut-in vehicle or a lane change of the vehicle being followed (Ge – Page 1849).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH A MUELLER whose telephone number is (703)756-4722. The examiner can normally be reached M-Th 7:30-12:00, 1:00-5:30; F 8:00-12:00.
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/S.A.M./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669
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