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 .
Claim Rejections - 35 USC § 102
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 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 –
(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.
Claims 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Okazaki (US Pub 2025/0326436).
The applied reference has a common Assignee, Honda Motor Co., LTD with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 9, Okazaki (US Pub 2025/0326436) discloses a vehicle control method comprising:
recognizing, by a computer, a surrounding situation of a vehicle (sec 0021, 0022, 0032);
detecting, by the computer, a steering state of an occupant (sec 0039, 0042);
executing, by the computer, avoidance steering assistance so that the vehicle travels along an avoidance target trajectory for avoiding an obstacle when it is determined that the vehicle is likely to come into collision with the obstacle on the basis of the recognized surrounding situation of the vehicle (sec 0011, 0015-0018, 0021, 0042, 0054); and
suppressing (i.e. suppress LKAS; sec 0078), by the computer, the avoidance steering assistance for the avoidance target trajectory when a steering operation of the occupant has been detected while the avoidance steering assistance is being executed (sec 0036, 0038, 0042, 0078),
wherein the avoidance steering assistance is provided to generate the avoidance target trajectory so that the vehicle does not depart from an adjacent lane after the vehicle moves from a current travel lane to the adjacent lane so that a collision with the obstacle is avoided (figs. 4, 5; sec 0069-0072, 0074, 0075).
Allowable Subject Matter
Claims 1 and 8 are allowed.
Response to Arguments
Applicant's arguments filed 07/14/2026 have been fully considered but they are not persuasive.
Applicant’s argument regarding claims 1 and 8 are moot in view of the amendment and allowance of claims 1 and 8.
Regarding claim 9, applicant’s argument therein are not persuasive because the prior art reads on the claims. Applicant refers to Okazaki sec 0015-0018 as not disclosing the invention. However, the examiner refers to the applicant to Okazaki (figs. 4, 5; sec 0069-0072, 0074, 0075). In the above cited sections and figs, Okazaki discloses that at time T4 in fig. 4, for example, the vehicle is controlled from lane 2 to adjacent lane 1 after evading an obstacle m1. Then at time T5 the vehicle is controlled into the center of lane 1 from adjacent lane 2. Then at T6 the vehicle is controlled to prevent a lane departure of the vehicle so that the vehicle remains within the lane.
Therefore, Okazaki reads on the claim.
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
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