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 Amendment
Claim 5 has been cancelled and amended into claim 1.
Claims 13-18 are new.
Independent claims 1 and 11-12 have been amended to include the limitations of cancelled claim 5 and additional elements.
Claims 1-4 and 6-18 are currently pending.
The official correspondence below is an after non-final.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over KumeTakuya (JP 7540398 B2) in view of Sato (US 20200369281 A1).
REGARDING CLAIM 1, KumeTakuya discloses, acquire information showing that a host vehicle is departing from a lane (KumeTakuya: [0096] The first segment V1 displays the next scheduled event. The first segment V1 is displayed to be more noticeable than the other segments), information showing the lane in which the host vehicle is traveling (KumeTakuya: [FIG. 2 (T33)]), and information showing a recommended lane which a navigation device recommends at the time of performing route guidance (KumeTakuya: [0205] it may be recommended to move to the first driving lane on the left side as soon as possible); estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling (KumeTakuya: [0016] the in-vehicle system 10 is configured to be capable of executing ACC and LKA corresponding to SAE level 1. ACC is adaptive cruise control, i.e., vehicle distance control. LKA is an abbreviation for Lane Keeping Assistance, which is lane keeping assistance control) based on a result of detection of a surrounding situation sensor (KumeTakuya: [0016] the in-vehicle system 10 is configured to be capable of executing ACC and LKA corresponding to SAE level 1. ACC is adaptive cruise control, i.e., vehicle distance control. LKA is an abbreviation for Lane Keeping Assistance, which is lane keeping assistance control (examiner: sensors implied with the disclosure of lane keep, distance keep, etc.)); determine whether a lane departure of the host vehicle is an intentional lane departure by a driver of the host vehicle (KumeTakuya: [0068] The operation reception unit 258 is configured to receive input operations by vehicle occupants including the driver; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when the information showing that the host vehicle is departing from the lane is acquired (KumeTakuya: [0046] when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change; [0078] when a lane change request is made by the driver operating the blinker … the in-vehicle system 10 can automatically change lanes); and determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068] The operation reception unit 258 is configured to receive input operations by vehicle occupants including the driver; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when the lane in which the host vehicle is traveling and the recommended lane are different (KumeTakuya: [0077] in the passing lane, hands-on driving is recommended in consideration of the need to move to the driving lane as quickly as possible; [0205] may be recommended to move to the first driving lane on the left side as soon as possible); and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0046] The vehicle control unit 184 is configured to execute driving control of the vehicle based on the driving automation level determined by the automation level determination unit 183. That is, the vehicle control unit 184 is configured to execute vehicle motion control subtasks such as vehicle speed control, steering control, and braking control according to the result of the determination of the driving automation level by the automation level determination unit 183. Specifically, when a lane change request occurs while a higher automation level is being executed, the vehicle control unit 184 starts executing a lane change on the condition that the driver's behavior corresponding to the periphery monitoring is confirmed or the transition to a lower automation level is completed. In addition, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the execution of the lane change and before the start of vehicle control (e.g., steering control) for the lane change, the vehicle control unit 184 waits for or cancels the lane change. Furthermore, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change; [0078] During hands-on driving and hands-off driving, the in-vehicle system 10 can automatically change lanes. On the other hand, during autonomous driving, the in-vehicle system 10 cannot automatically change lanes. That is, for example, when a lane change request is made by the driver operating the blinker switch 212 during autonomous driving, in order to actually execute the requested lane change, it is necessary to interrupt or end the autonomous driving being executed. By shifting from autonomous driving to hands-on driving or hands-off driving, the in-vehicle system 10 can automatically change lanes).
The examiner respectfully submits KumeTakuya discloses, estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling based on a result of detection of a surrounding situation sensor; when the lane in which the host vehicle is traveling and the recommended lane are different; and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (see above).
However, in the alternative, and in the same field of endeavor, Sato discloses, estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling (Sato: [0035] At the same time as operation of the partially automated in-lane driving system, the automated driving controller 10 (path generating part 12) generates a target path within a single lane and a target speed on the basis of the external information (lanes, vehicle position, and positions and speeds of other vehicles driving in the lane and neighboring lane) obtained by the environmental condition estimating part 11 through the external sensor; [0046]; [0059] through the external sensor 21, and if intrusion (interruption) of another vehicle into the front predetermined area ZF, rear predetermined area ZR, or lateral predetermined area ZL is confirmed, the automated driving controller 10 determines whether lane change should be continued or cancelled on the basis of the vehicle's own position during lane change) based on a result of detection of a surrounding situation sensor (Sato: [0035] At the same time as operation of the partially automated in-lane driving system, the automated driving controller 10 (path generating part 12) generates a target path within a single lane and a target speed on the basis of the external information (lanes, vehicle position, and positions and speeds of other vehicles driving in the lane and neighboring lane) obtained by the environmental condition estimating part 11 through the external sensor; [0046]; [0059] through the external sensor 21, and if intrusion (interruption) of another vehicle into the front predetermined area ZF, rear predetermined area ZR, or lateral predetermined area ZL is confirmed, the automated driving controller 10 determines whether lane change should be continued or cancelled on the basis of the vehicle's own position during lane change); when the lane in which the host vehicle is traveling and the recommended lane are different (Sato: [0047] The automated lane change target path is a path that leads to a state of driving at the center of the neighboring lane by performing lane change from the currently driving lane ... by determination of the system or the driver's lane change instructions or approval by blinker operation or the like; [0058] in the state in which the vehicle surrounding environment and target path are confirmed and an automated lane change possible flag is set, automated lane change is executed by the driver's lane change instructions or determination of the system; see [0079] for process cancellation when the driver selection doesn't match predetermined operations; [0085] automated lane change is executed setting the center of the neighboring lane as a target position by system determination or blinker operation to the neighboring lane direction by the driver; [0102]); and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (Sato: see [0058, 0079] for blinker initiating automated lane change; [0085] Lane Change Execution Display and Blinker Blinking [0086] The driver is notified of lane change execution by display in a head-up display or meter panel or voice at the same time as determining the execution of automated lane change, and blinker blinking on the diverging lane side is started (step 106). (6) LKA Off and Automated Lane Change Start [0087] When a predetermined time (for example, three seconds) passes after the blinker starts blinking, the LKA function (lane keeping function) is turned off, and automated lane change is started setting the center of the neighboring lane as the target position (step 107)), for the benefit of performing an automated lane change within a predetermined area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driver assistance method disclosed by KumeTakuya to include an approval/confirmation of an adjacent lane taught by Sato. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to performing an automated lane change within a predetermined area.
REGARDING CLAIM 2, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068] The operation reception unit 258 is configured to receive input operations by vehicle occupants including the driver; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when the lane in which the host vehicle is traveling is right turn lane or left turn lane and the recommended lane is a straight lane (KumeTakuya: [0096] The first segment V1 displays the next scheduled event; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path; [0177] If the driver has not performed an input operation to permit the lane change (i.e., step 1707=NO), the CPU proceeds to step 1708. In step 1708, the CPU determines whether or not the driver has performed an input operation to prohibit the lane change; [0191] In step 1725, the CPU determines whether the lane change has been canceled. The lane change may be canceled, for example, by an input operation by the driver).
REGARDING CLAIM 3, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068] The operation reception unit 258 is configured to receive input operations by vehicle occupants including the driver; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when the lane in which the host vehicle is traveling is a straight lane and the recommended lane is right turn lane or left turn lane (KumeTakuya: [0096] The first segment V1 displays the next scheduled event; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path; [0177] If the driver has not performed an input operation to permit the lane change (i.e., step 1707=NO), the CPU proceeds to step 1708. In step 1708, the CPU determines whether or not the driver has performed an input operation to prohibit the lane change; [0191] In step 1725, the CPU determines whether the lane change has been canceled. The lane change may be canceled, for example, by an input operation by the driver).
REGARDING CLAIM 4, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068] The operation reception unit 258 is configured to receive input operations by vehicle occupants including the driver; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when a direction of a branch lane of a junction in which the host vehicle is traveling and a direction of the recommended lane are different (KumeTakuya: [0096] The first segment V1 displays the next scheduled event; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path; [0177] If the driver has not performed an input operation to permit the lane change (i.e., step 1707=NO), the CPU proceeds to step 1708. In step 1708, the CPU determines whether or not the driver has performed an input operation to prohibit the lane change; [0191] In step 1725, the CPU determines whether the lane change has been canceled. The lane change may be canceled, for example, by an input operation by the driver).
REGARDING CLAIM 6, KumeTakuya, as modified, remains as applied above to claim 1. Further, Sato also discloses, perform control to turn on a blinker automatically without the need for an operation by the driver of the host vehicle (Sato: [0086] The driver is notified of lane change execution by display in a head-up display or meter panel or voice at the same time as determining the execution of automated lane change, and blinker blinking on the diverging lane side is started (step 106)).
REGARDING CLAIM 7, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, perform control for making an HMI output an alert showing the lane departure of the host vehicle (KumeTakuya: [0114] as the input button display T5, a first input button display T51 for selecting to maintain the vehicle's lane and a second input button display T52 for selecting to change lanes to the adjacent lane on the right are displayed).
REGARDING CLAIM 8, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068] The operation reception unit 258 is configured to receive input operations by vehicle occupants including the driver; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when a direction of the lane in which the host vehicle is traveling is opposite to a direction of the recommended lane (KumeTakuya: [0096] The first segment V1 displays the next scheduled event; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path; [0177] If the driver has not performed an input operation to permit the lane change (i.e., step 1707=NO), the CPU proceeds to step 1708. In step 1708, the CPU determines whether or not the driver has performed an input operation to prohibit the lane change; [0191] In step 1725, the CPU determines whether the lane change has been canceled. The lane change may be canceled, for example, by an input operation by the driver).
REGARDING CLAIM 9, KumeTakuya, as modified, remains as applied above to claim 8. Further, KumeTakuya also discloses, perform steering assistance for suppressing the lane department of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0046] when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change).
REGARDING CLAIM 10, KumeTakuya, as modified, remains as applied above to claim 9. Further, KumeTakuya also discloses, perform control for making an HMI output an alert showing the lane departure of the host vehicle (KumeTakuya: [0114] as the input button display T5, a first input button display T51 for selecting to maintain the vehicle's lane and a second input button display T52 for selecting to change lanes to the adjacent lane on the right are displayed) when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0046] when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path).
REGARDING CLAIM 11, KumeTakuya discloses, acquire information showing that a host vehicle is departing from a lane (KumeTakuya: [0096]), information showing the lane in which the host vehicle is traveling (KumeTakuya: [FIG. 2 (T33)]), and information showing a recommended lane which a navigation device recommends at the time of performing route guidance (KumeTakuya: [0205]); estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling (KumeTakuya: [0016]) based on a result of detection of a surrounding situation sensor (KumeTakuya: [0016]); determine whether a lane departure of the host vehicle is an intentional lane departure by a driver of the host vehicle (KumeTakuya: [0068]; [0114]; [0142]; [0156, 0164] making scheduled segment changes corresponding to a path) when the information showing that the host vehicle is departing from the lane is acquired (KumeTakuya: [0046]; [0078]); and determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068]; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when the lane in which the host vehicle is traveling and the recommended lane are different (KumeTakuya: [0077]; [0205]); and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0046]; [0078]).
The examiner respectfully submits KumeTakuya discloses, estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling based on a result of detection of a surrounding situation sensor; when the lane in which the host vehicle is traveling and the recommended lane are different; and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (see above).
However, in the alternative, and in the same field of endeavor, Sato discloses, estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling (Sato: [0035]; [0046]; [0059]) based on a result of detection of a surrounding situation sensor (Sato: [0035]; [0046]; [0059]); when the lane in which the host vehicle is traveling and the recommended lane are different (Sato: [0047]; [0058]; [0079]; [0085]; [0102]); and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (Sato: [0058, 0079]; [0085-0087]), for the benefit of performing an automated lane change within a predetermined area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driver assistance method disclosed by KumeTakuya to include an approval/confirmation of an adjacent lane taught by Sato. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to performing an automated lane change within a predetermined area.
REGARDING CLAIM 12, Further, KumeTakuya discloses, acquire information showing that a host vehicle is departing from a lane (KumeTakuya: [0096]), information showing the lane in which the host vehicle is traveling (KumeTakuya: [FIG. 2 (T33)]), and information showing a recommended lane which a navigation device recommends at the time of performing route guidance (KumeTakuya: [0205]); estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling (KumeTakuya: [0016]) based on a result of detection of a surrounding situation sensor (KumeTakuya: [0016]); determine whether a lane departure of the host vehicle is an intentional lane departure by a driver of the host vehicle (KumeTakuya: [0068]; [0114]; [0142]; [0156, 0164] making scheduled segment changes corresponding to a path) when the information showing that the host vehicle is departing from the lane is acquired (KumeTakuya: [0046]; [0078]); and determine that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0068]; [0114]; ¶'s [0142] discloses a driver confirming a lane change, and ¶'s [0156, 0164] disclose making scheduled segment changes corresponding to a path) when the lane in which the host vehicle is traveling and the recommended lane are different (KumeTakuya: [0077]; [0205]); and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (KumeTakuya: [0046]; [0078]).
The examiner respectfully submits KumeTakuya discloses, estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling based on a result of detection of a surrounding situation sensor; when the lane in which the host vehicle is traveling and the recommended lane are different; and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (see above).
However, in the alternative, and in the same field of endeavor, Sato discloses, estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling (Sato: [0035]; [0046]; [0059]) based on a result of detection of a surrounding situation sensor (Sato: [0035]; [0046]; [0059]); when the lane in which the host vehicle is traveling and the recommended lane are different (Sato: [0047]; [0058]; [0079]; [0085]; [0102]); and performing driving assistance for a lane change of the host vehicle when it is determined that the lane departure of the host vehicle is the intentional lane departure by the driver of the host vehicle (Sato: [0058, 0079]; [0085-0087]), for the benefit of performing an automated lane change within a predetermined area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driver assistance method disclosed by KumeTakuya to include an approval/confirmation of an adjacent lane taught by Sato. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to performing an automated lane change within a predetermined area.
REGARDING CLAIM 13, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, estimate whether the host vehicle is departing from a branch lane of a junction (KumeTakuya: [0016] the in-vehicle system 10 is configured to be capable of executing ACC and LKA corresponding to SAE level 1. ACC is adaptive cruise control, i.e., vehicle distance control. LKA is an abbreviation for Lane Keeping Assistance, which is lane keeping assistance control; [0005] various controls related to automatic lane changes by the in-vehicle system need to be appropriately executed in accordance with lane types such as the driving lane, the overtaking lane, etc; [0086] The lane markings T31 are graphic displays showing the lane arrangement and branch structure in the road width direction, in the direction of travel of the vehicle on the road on which the vehicle is currently traveling, within a predetermined short distance range from the vehicle. The lane markings T31 are drawn in a diagonal line shape so as to approach the center position in the width direction of the central display area RC as they move from the bottom to the top of the display screen; [0095] The "events" include, for example, entry into an automatic driving road, exit from an automatic driving road, branching, driving change, arrival at the destination, etc; [0109] 2 shows a time chart V corresponding to the following events as a specific example: The vehicle travels in a branching direction at a junction 25 km ahead (i.e., see the first segment V1), merges with another road capable of automatic driving 27 km ahead (i.e., see the second segment V2), changes lanes to a deceleration lane at an interchange 55 km ahead to exit the road capable of automatic driving (i.e., see the third segment V3), and switches to hands-on driving or manual driving before passing a toll gate 57 km ahead (i.e., see the fourth segment V4); [0130]; [0205]).
KumeTakuya does not explicitly recite the terminology "branch lane of a junction". However, KumeTakuya does disclose awareness of branching and an awareness of lane keeping and departure. Thus, implies or suggests the same lane awareness will also apply to branching (Instant specification: [0092-0103] discloses managing lane departure awareness, including a branch, via a surrounding situation sensor. Thus, the environment sensors of KumeTakuya (JP 7540398 B2) and Sato (US 20200369281 A1) would function the same in the setting).
REGARDING CLAIM 14, KumeTakuya, as modified, remains as applied above to claim 11. Further, KumeTakuya also discloses, estimate whether the host vehicle is departing from a branch lane of a junction (KumeTakuya: [0016] the in-vehicle system 10 is configured to be capable of executing ACC and LKA corresponding to SAE level 1. ACC is adaptive cruise control, i.e., vehicle distance control. LKA is an abbreviation for Lane Keeping Assistance, which is lane keeping assistance control; [0005] various controls related to automatic lane changes by the in-vehicle system need to be appropriately executed in accordance with lane types such as the driving lane, the overtaking lane, etc; [0086] The lane markings T31 are graphic displays showing the lane arrangement and branch structure in the road width direction, in the direction of travel of the vehicle on the road on which the vehicle is currently traveling, within a predetermined short distance range from the vehicle. The lane markings T31 are drawn in a diagonal line shape so as to approach the center position in the width direction of the central display area RC as they move from the bottom to the top of the display screen; [0095] The "events" include, for example, entry into an automatic driving road, exit from an automatic driving road, branching, driving change, arrival at the destination, etc; [0109] 2 shows a time chart V corresponding to the following events as a specific example: The vehicle travels in a branching direction at a junction 25 km ahead (i.e., see the first segment V1), merges with another road capable of automatic driving 27 km ahead (i.e., see the second segment V2), changes lanes to a deceleration lane at an interchange 55 km ahead to exit the road capable of automatic driving (i.e., see the third segment V3), and switches to hands-on driving or manual driving before passing a toll gate 57 km ahead (i.e., see the fourth segment V4); [0130]; [0205]).
KumeTakuya does not explicitly recite the terminology "branch lane of a junction". However, KumeTakuya does disclose awareness of branching and an awareness of lane keeping and departure. Thus, implies or suggests the same lane awareness will also apply to branching (Instant specification: [0092-0103] discloses managing lane departure awareness, including a branch, via a surrounding situation sensor. Thus, the environment sensors of KumeTakuya (JP 7540398 B2) and Sato (US 20200369281 A1) would function the same in the setting).
REGARDING CLAIM 15, KumeTakuya, as modified, remains as applied above to claim 12. Further, KumeTakuya also discloses, estimate whether the host vehicle is departing from a branch lane of a junction (KumeTakuya: [0016] the in-vehicle system 10 is configured to be capable of executing ACC and LKA corresponding to SAE level 1. ACC is adaptive cruise control, i.e., vehicle distance control. LKA is an abbreviation for Lane Keeping Assistance, which is lane keeping assistance control; [0005] various controls related to automatic lane changes by the in-vehicle system need to be appropriately executed in accordance with lane types such as the driving lane, the overtaking lane, etc; [0086] The lane markings T31 are graphic displays showing the lane arrangement and branch structure in the road width direction, in the direction of travel of the vehicle on the road on which the vehicle is currently traveling, within a predetermined short distance range from the vehicle. The lane markings T31 are drawn in a diagonal line shape so as to approach the center position in the width direction of the central display area RC as they move from the bottom to the top of the display screen; [0095] The "events" include, for example, entry into an automatic driving road, exit from an automatic driving road, branching, driving change, arrival at the destination, etc; [0109] 2 shows a time chart V corresponding to the following events as a specific example: The vehicle travels in a branching direction at a junction 25 km ahead (i.e., see the first segment V1), merges with another road capable of automatic driving 27 km ahead (i.e., see the second segment V2), changes lanes to a deceleration lane at an interchange 55 km ahead to exit the road capable of automatic driving (i.e., see the third segment V3), and switches to hands-on driving or manual driving before passing a toll gate 57 km ahead (i.e., see the fourth segment V4); [0130]; [0205]).
KumeTakuya does not explicitly recite the terminology "branch lane of a junction". However, KumeTakuya does disclose awareness of branching and an awareness of lane keeping and departure. Thus, implies or suggests the same lane awareness will also apply to branching (Instant specification: [0092-0103] discloses managing lane departure awareness, including a branch, via a surrounding situation sensor. Thus, the environment sensors of KumeTakuya (JP 7540398 B2) and Sato (US 20200369281 A1) would function the same in the setting).
REGARDING CLAIM 16, KumeTakuya, as modified, remains as applied above to claim 1. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure in a case in which a direction of the lane in which the host vehicle is traveling is opposite to a direction of the recommended lane which the navigation device recommends in performing the lane departure of the host vehicle from the lane in which the host vehicle is traveling to the recommended lane via a U-turn (KumeTakuya: [0046] The vehicle control unit 184 is configured to execute driving control of the vehicle based on the driving automation level determined by the automation level determination unit 183. That is, the vehicle control unit 184 is configured to execute vehicle motion control subtasks such as vehicle speed control, steering control, and braking control according to the result of the determination of the driving automation level by the automation level determination unit 183. Specifically, when a lane change request occurs while a higher automation level is being executed, the vehicle control unit 184 starts executing a lane change on the condition that the driver's behavior corresponding to the periphery monitoring is confirmed or the transition to a lower automation level is completed. In addition, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the execution of the lane change and before the start of vehicle control (e.g., steering control) for the lane change, the vehicle control unit 184 waits for or cancels the lane change. Furthermore, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change; [0078] During hands-on driving and hands-off driving, the in-vehicle system 10 can automatically change lanes. On the other hand, during autonomous driving, the in-vehicle system 10 cannot automatically change lanes. That is, for example, when a lane change request is made by the driver operating the blinker switch 212 during autonomous driving, in order to actually execute the requested lane change, it is necessary to interrupt or end the autonomous driving being executed. By shifting from autonomous driving to hands-on driving or hands-off driving, the in-vehicle system 10 can automatically change lanes).
KumeTakuya does not explicitly recite the terminology “u-turn”. However, the instant specification discloses that a "u-turn" is just another lane change ([0110-0111]). Thus, the process disclosed by KumeTakuya would also apply to other types of lanes.
In the alternative, and in the same field of endeavor, Sato discloses, “[0047] automated lane change to the neighboring lane is executed by automatic steering by determination of the system or the driver's lane change instructions or approval by blinker operation or the like; see [0058, 0079] "automated lane change is executed by the driver's lane change instructions" and for blinker initiating automated lane change; [0085] Lane Change Execution Display and Blinker Blinking [0086] The driver is notified of lane change execution by display in a head-up display or meter panel or voice at the same time as determining the execution of automated lane change, and blinker blinking on the diverging lane side is started (step 106). (6) LKA Off and Automated Lane Change Start [0087] When a predetermined time (for example, three seconds) passes after the blinker starts blinking, the LKA function (lane keeping function) is turned off, and automated lane change is started setting the center of the neighboring lane as the target position (step 107)” for the benefit of performing an automated lane change within a predetermined area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driver assistance method disclosed by KumeTakuya to include an approval/confirmation of a lane movement taught by Sato. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to performing an automated lane change within a predetermined area.
Sato does not explicitly recite the terminology “u-turn”. However, the instant specification discloses that a "u-turn" is just another lane change ([0110-0111]). Thus, the process disclosed by Sato would also apply to other types of lanes.
REGARDING CLAIM 17, KumeTakuya, as modified, remains as applied above to claim 11. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure in a case in which a direction of the lane in which the host vehicle is traveling is opposite to a direction of the recommended lane which the navigation device recommends in performing the lane departure of the host vehicle from the lane in which the host vehicle is traveling to the recommended lane via a U-turn (KumeTakuya: [0046] The vehicle control unit 184 is configured to execute driving control of the vehicle based on the driving automation level determined by the automation level determination unit 183. That is, the vehicle control unit 184 is configured to execute vehicle motion control subtasks such as vehicle speed control, steering control, and braking control according to the result of the determination of the driving automation level by the automation level determination unit 183. Specifically, when a lane change request occurs while a higher automation level is being executed, the vehicle control unit 184 starts executing a lane change on the condition that the driver's behavior corresponding to the periphery monitoring is confirmed or the transition to a lower automation level is completed. In addition, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the execution of the lane change and before the start of vehicle control (e.g., steering control) for the lane change, the vehicle control unit 184 waits for or cancels the lane change. Furthermore, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change; [0078] During hands-on driving and hands-off driving, the in-vehicle system 10 can automatically change lanes. On the other hand, during autonomous driving, the in-vehicle system 10 cannot automatically change lanes. That is, for example, when a lane change request is made by the driver operating the blinker switch 212 during autonomous driving, in order to actually execute the requested lane change, it is necessary to interrupt or end the autonomous driving being executed. By shifting from autonomous driving to hands-on driving or hands-off driving, the in-vehicle system 10 can automatically change lanes).
KumeTakuya does not explicitly recite the terminology “u-turn”. However, the instant specification discloses that a "u-turn" is just another lane change ([0110-0111]). Thus, the process disclosed by KumeTakuya would also apply to other types of lanes.
In the alternative, and in the same field of endeavor, Sato discloses, “[0047] automated lane change to the neighboring lane is executed by automatic steering by determination of the system or the driver's lane change instructions or approval by blinker operation or the like; see [0058, 0079] "automated lane change is executed by the driver's lane change instructions" and for blinker initiating automated lane change; [0085] Lane Change Execution Display and Blinker Blinking [0086] The driver is notified of lane change execution by display in a head-up display or meter panel or voice at the same time as determining the execution of automated lane change, and blinker blinking on the diverging lane side is started (step 106). (6) LKA Off and Automated Lane Change Start [0087] When a predetermined time (for example, three seconds) passes after the blinker starts blinking, the LKA function (lane keeping function) is turned off, and automated lane change is started setting the center of the neighboring lane as the target position (step 107)” for the benefit of performing an automated lane change within a predetermined area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driver assistance method disclosed by KumeTakuya to include an approval/confirmation of a lane movement taught by Sato. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to performing an automated lane change within a predetermined area.
Sato does not explicitly recite the terminology “u-turn”. However, the instant specification discloses that a "u-turn" is just another lane change ([0110-0111]). Thus, the process disclosed by Sato would also apply to other types of lanes.
REGARDING CLAIM 18, KumeTakuya, as modified, remains as applied above to claim 12. Further, KumeTakuya also discloses, determine that the lane departure of the host vehicle is the intentional lane departure in a case in which a direction of the lane in which the host vehicle is traveling is opposite to a direction of the recommended lane which the navigation device recommends in performing the lane departure of the host vehicle from the lane in which the host vehicle is traveling to the recommended lane via a U-turn (KumeTakuya: [0046] The vehicle control unit 184 is configured to execute driving control of the vehicle based on the driving automation level determined by the automation level determination unit 183. That is, the vehicle control unit 184 is configured to execute vehicle motion control subtasks such as vehicle speed control, steering control, and braking control according to the result of the determination of the driving automation level by the automation level determination unit 183. Specifically, when a lane change request occurs while a higher automation level is being executed, the vehicle control unit 184 starts executing a lane change on the condition that the driver's behavior corresponding to the periphery monitoring is confirmed or the transition to a lower automation level is completed. In addition, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the execution of the lane change and before the start of vehicle control (e.g., steering control) for the lane change, the vehicle control unit 184 waits for or cancels the lane change. Furthermore, when the vehicle control unit 184 detects that the driver has neglected to monitor the periphery after the start of vehicle control for the lane change, the vehicle control unit 184 executes a warning such as a lane departure alert, cancels the lane change, or returns to the lane before the lane change; [0078] During hands-on driving and hands-off driving, the in-vehicle system 10 can automatically change lanes. On the other hand, during autonomous driving, the in-vehicle system 10 cannot automatically change lanes. That is, for example, when a lane change request is made by the driver operating the blinker switch 212 during autonomous driving, in order to actually execute the requested lane change, it is necessary to interrupt or end the autonomous driving being executed. By shifting from autonomous driving to hands-on driving or hands-off driving, the in-vehicle system 10 can automatically change lanes).
KumeTakuya does not explicitly recite the terminology “u-turn”. However, the instant specification discloses that a "u-turn" is just another lane change ([0110-0111]). Thus, the process disclosed by KumeTakuya would also apply to other types of lanes.
In the alternative, and in the same field of endeavor, Sato discloses, “[0047] automated lane change to the neighboring lane is executed by automatic steering by determination of the system or the driver's lane change instructions or approval by blinker operation or the like; see [0058, 0079] "automated lane change is executed by the driver's lane change instructions" and for blinker initiating automated lane change; [0085] Lane Change Execution Display and Blinker Blinking [0086] The driver is notified of lane change execution by display in a head-up display or meter panel or voice at the same time as determining the execution of automated lane change, and blinker blinking on the diverging lane side is started (step 106). (6) LKA Off and Automated Lane Change Start [0087] When a predetermined time (for example, three seconds) passes after the blinker starts blinking, the LKA function (lane keeping function) is turned off, and automated lane change is started setting the center of the neighboring lane as the target position (step 107)” for the benefit of performing an automated lane change within a predetermined area.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driver assistance method disclosed by KumeTakuya to include an approval/confirmation of a lane movement taught by Sato. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to performing an automated lane change within a predetermined area.
Sato does not explicitly recite the terminology “u-turn”. However, the instant specification discloses that a "u-turn" is just another lane change ([0110-0111]). Thus, the process disclosed by Sato would also apply to other types of lanes.
Response to Arguments
Applicant’s arguments, beginning on page 7, filed 07-08-2026, with respect to §101, ineligible subject matter rejection of record have been fully considered and are persuasive. The §101, ineligible subject matter rejection of record has been withdrawn.
Applicant's arguments filed 07-08-2026, beginning on page 10, have been fully considered but they are not persuasive. To the examiner’s best understanding, he applicant has contended that the prior art of record fails to disclose the newly amended limitation “estimating whether the host vehicle is departing from the lane in which the host vehicle is traveling based on a result of detection of a surrounding situation sensor”. The examiner respectfully disagrees. As stated above, KumeTakuya (JP 7540398 B2) discloses “[0016] the in-vehicle system 10 is configured to be capable of executing ACC and LKA corresponding to SAE level 1. ACC is adaptive cruise control, i.e., vehicle distance control. LKA is an abbreviation for Lane Keeping Assistance, which is lane keeping assistance control”. Which, for one of ordinary skill in the art understands that this is done via vehicle sensors. Additionally, Sato (US 20200369281 A1) discloses, “[0035] At the same time as operation of the partially automated in-lane driving system, the automated driving controller 10 (path generating part 12) generates a target path within a single lane and a target speed on the basis of the external information (lanes, vehicle position, and positions and speeds of other vehicles driving in the lane and neighboring lane) obtained by the environmental condition estimating part 11 through the external sensor; [0046]; [0059] through the external sensor 21, and if intrusion (interruption) of another vehicle into the front predetermined area ZF, rear predetermined area ZR, or lateral predetermined area ZL is confirmed, the automated driving controller 10 determines whether lane change should be continued or cancelled on the basis of the vehicle's own position during lane change”. Because the prior art discloses that which is claimed, the examiner respectfully maintains the rejection of the independent claims under 35 USC §103, obviousness.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Matsunaga (US 20170267241 A1)
Nagasawa (US 20220234497 A1)
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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/A.S./ Examiner, Art Unit 3663
/ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663
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