CTNF 19/058,675 CTNF 89343 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-22 AIA The drawings are objected to because figs 10 and 10b state amount: large and amount: small respectively however, the illustrated amount does not match the written description, i.e. the shown amount is small even though it is labeled as “large.” The illustrated amounts are not consistent with the other drawings leading to confusion and possible error. Further the labeled large amount is actually shown smaller than the labeled small amount . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 4 requires an offset towards oncoming traffic, which is inherently dangerous. Intuitively, an offset would be away from a hazard, not towards it. It cannot be determined if the offset of claim 4 is towards or away from a hazard. The metes and bounds cannot be determined and are therefore indefinite. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-2,6-10 is/are rejected under 35 U.S.C. 102 (a)(1) as being clearly anticipated by Otake et al US 2018/0037260 . In Re 1-2,6-10 Otake teaches 1. A vehicle control device for controlling a vehicle (title abstract), wherein the vehicle control device comprising circuitry configured to: recognize a surrounding situation (S13 fig 4) of the vehicle including a first lane (own vehicle lane fig 7b), in which the vehicle travels, and a road having the first lane (fig 7b is a road); and set a target traveling line (Ld target travel line) of the vehicle in the first lane based on the recognized surrounding situation, and control steering of the vehicle such that the vehicle travels along the target traveling line (LKA lane keeping assist, para 9), wherein when the road has a second lane adjacent (another vehicle lane fig 7b)to the first lane, the circuitry is configured to set, as the target traveling line, a line offset (Doff fig 7b) to a left side or a right side by a predetermined offset amount from a lane center line (lane center) of the first lane (para 150)(at least all figs and paras). 2. The vehicle control device according to claim 1, wherein when the second lane is present on one side of the first lane in a left-right direction, the circuitry sets, as the target traveling line, a line offset to the other side in the left-right direction by the offset amount from the lane center line (fig 7b). 6. The vehicle control device according to claim 2, wherein the circuitry recognizes the surrounding situation further including another vehicle (C’) present around the vehicle (C), and in a case where the second lane is present on the one side of the first lane and the number of other vehicles traveling in the first lane is relatively small (zero fig 6a), the circuitry reduces the offset amount (construed as LKA weaker mode) as compared with a case where the number of other vehicles is relatively large (fig 6b, para 137). 7. The vehicle control device according to claim 2, wherein when the second lane is present on both sides of the first lane in the left-right direction, the circuitry is configured to set the lane center line as the target traveling line (fig 7a, note both another vehicle lanes on both sides of own vehicle lane and Ld concurrent with lane center). 8. The vehicle control device according to claim 1, wherein when the road has the second lane and a width of the first lane is equal to or greater than a predetermined value (construed as larger than narrow paras 6,136), the circuitry is configured to set, as the target traveling line, a line offset to the left side or the right side from the lane center line. 9. The vehicle control device according to claim 1, wherein when the vehicle approaches a section having a curvature equal to or greater than a predetermined value (curvature radius R) while the steering of the vehicle is being controlled such that the vehicle travels along the target traveling line offset to the left side or the right side from the lane center line, the circuitry is configured to set, as a new target traveling line (Ld), a line whose offset amount is reduced than before approaching the section (inherently when operating fig 5 from S24 LKA offset mode, when relooping from S19 and new peripheral state information acquired the change inhibition condition would be satisfied at S22 to put LKA into normal mode with zero offset, thus reducing offset). 10. The vehicle control device according to claim 1, wherein when the road has the second lane and reliability of the recognized surrounding situation is equal to or greater than a predetermined value, the circuitry is configured to set, as the target traveling line, a line offset to the left side or the right side by the offset amount from the lane center line (s21 peripheral state information must be acquired in order to proceed from s21 to be in offset mode. S24. If information not acquired the process does not continue) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 3,5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otake et al US 2018/0037260 in view of Shikimachi US 10,984,551 . In Re 3, Otake does not teach however Shikimachi teaches in a case where two or more other lanes are present on the one side of the first lane, the circuitry increases the offset amount as compared with a case where one other lane is present on the one side of the first lane (fig 11, col 14 ll 20-45). Shikimachi further teaches ability to navigate to or around a tollbooth with wide unmarked lanes, therefore increasing the offset amount. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention (AIA) to add Shikimachi’s control to Otake’s control to control vehicle with multiple lanes of differing width such as at a tool-booth multiplex. In Re 5, Otake does not teach however Shikimachi teaches in a case where the other lane is present on the one side of the first lane and an entry-allowing area (construed as the open unmarked lane areas in front of the tool-both and or the ETC lane or General lane) that the vehicle is allowed to enter is present adjacently to the first lane on the other side of the first lane, the circuitry increases the offset amount as compared with a case where the entry-allowing area is not present (fig 11, col 14 ll 20-45). Shikimachi further teaches ability to navigate to or around a tollbooth with wide unmarked lanes, therefore increasing the offset amount. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention (AIA) to add Shikimachi’s control to Otake’s control to control vehicle with multiple lanes of differing width such as at a tool-booth multiplex . 07-21-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otake et al US 2018/0037260 in view of Braeuchle et al WO 03/091813 . In Re 4, Otake does not teach however Braeuchle teaches wherein the second lane (36 fig 2) is a lane in which a traveling direction of a vehicle that travels is the same as that in the first lane, and in a case where the second lane is present on the one side of the first lane and an oncoming lane (46,48) of the first lane is present on the other side of the first lane, the circuitry reduces the offset amount (centerline 12 and offset to 56 away from oncoming lane top of fig 2) as compared with a case where the oncoming lane is not present (fig 2, if 48 was not present the vehicle would not be offset away from it but rather centered as shown between other vehicle objects 50 and 44, also see fig 6). Braeuchle further teaches varying the lateral distance to assist guidance, abstract. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention (AIA) to add Brauechle’s control to Otake’s control to assist vehicle guidance with variable lateral offset . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL C STAUBACH whose telephone number is (571)272-3748. The examiner can normally be reached Monday - Thursday 7:00 AM to 5:00 PM. Interview Agendas can be faxed to examiner at (571)273-3748. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at 571-270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARL C STAUBACH/Primary Examiner, Art Unit 3747 Application/Control Number: 19/058,675 Page 2 Art Unit: 3747 Application/Control Number: 19/058,675 Page 3 Art Unit: 3747 Application/Control Number: 19/058,675 Page 4 Art Unit: 3747 Application/Control Number: 19/058,675 Page 5 Art Unit: 3747 Application/Control Number: 19/058,675 Page 6 Art Unit: 3747 Application/Control Number: 19/058,675 Page 7 Art Unit: 3747 Application/Control Number: 19/058,675 Page 8 Art Unit: 3747
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