DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 1-14 have been considered and examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/28/2025 and 12/30/2025 are in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by Examiner.
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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 pre-AIA the applicant regards as the invention.
Claim 6 lacks antecedent basis for “the number of traffic participants” in the limitations of “the movement assistance unit determines the number of traffic participants in the first area and the second area as the peripheral environment risk when the moving object moves from the first area to the second area.”
Claim Rejections – 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a control method using a control device for a moving object, the control device including a data acquisition unit that acquires peripheral environment data of the moving object, and a movement assistance unit that determines a peripheral environment risk of the moving object based on the peripheral environment data and provides movement assistance for the moving object based on the peripheral environment risk, the control method comprising, when the moving object moves across a first area and a second area with different attributes, providing, by the control device, predetermined movement assistance that prompts a user of the moving object to check for safety based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area.
The limitations of providing, by the control device, predetermined movement assistance that prompts a user of the moving object to check for safety based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “by a control device,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a control device” language, “providing, by the control device, predetermined movement assistance that prompts a user of the moving object to check for safety” in the context of this claim encompasses the user manually provide the prompts when the vehicle move between the first area and the second area.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a processor to perform the providing step. The processor in the steps is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of the providing step) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform all the providing step amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (2019/0351900 A1) in view of Kamiya et al. (Kamiya – US 2021/0039636 A1).
As to claim 1, Matsuda discloses a control device for a moving object, the control device comprising:
a data acquisition unit (Matsuda: Abstract, [0023], [0027]-[0028], [0032], and FIG. 1 outside world information acquiring unit 11 and FIG. 3 the cameras 25 and the sonar 26) that acquires peripheral environment data of the moving object (Matsuda: Abstract, [0023]-[0024], [0027]-[0028], [0032], and FIG. 1 outside world information acquiring unit 11 and FIG. 3 the cameras 25 and the sonar 26: the driving assistance apparatus 1 includes, for example, an outside world information acquiring unit 11 that acquires outside world information from a sensor for detecting the outside world, a vehicle position detecting unit 13 that detects a position of the own vehicle 2, a movement route calculating unit 14 that calculates a planned route to travel when the own vehicle 2 automatically exits the parking slot from a parking position, and a safety confirmation position determining unit 15 that determines a safety confirmation position 55 at which a driver can visually confirm a traveling area on the bases of the position of the own vehicle 2 detected by the vehicle position detecting unit 13 and the outside world information acquired by the outside world information acquiring unit 11); and
a movement assistance unit (Matsuda: FIG. 1 movement route calculating unit 14) that determines a peripheral environment risk of the moving object based on the peripheral environment data and provides movement assistance for the moving object based on the peripheral environment risk (Matsuda: [0031]-[0034], [0052]-[0055], [0057]-[0058], [0069]-[0070], and FIG. 3-4: the movement route calculating unit 14 generates longitude in the case of exiting the parking slot by automatic driving. The movement route calculating unit 14 calculates a movement route at the time of exiting the parking slot on the basis of a detection result of the movable position detecting unit 12 and a detection result of the vehicle position detecting unit 13),
wherein when the moving object moves across a first area and a second area with different attributes (Matsuda: [0029]-[0032], [0051]-[0060], and FIG. 3-4: When the vehicle 2 exits the parking slot P2, the movable position detecting unit 12 detects a space possible for exiting the parking slot (a place and a position to which the vehicle 2 can be moved). In a case where the vehicle 2 can exit to both left and right sides, both the left direction and the right direction are detected as the spaces possible for exiting the parking slot. Meanwhile, in a case where there is a wall or a building in the right direction, only the left direction is detected as the space possible for exiting the parking slot. Hereinafter, the space possible for exiting the parking slot may be referred to as a place possible for exiting the parking slot or a position possible for exiting the parking slot), the movement assistance unit provides predetermined movement assistance that prompts a user of the moving object to check for safety (Matsuda: Abstract, [0023], [0032]-[0034], [0055]-[0056], [0059]-[0063], [0073]-[0076], [0086]-[0091], and FIG. 7-11: The safety confirmation position determining unit 15 calculates at least one safety confirmation position 55 for the driver of the vehicle 2 to visually confirm an environment of the surroundings and to confirm safety at the time of exiting the parking slot. The safety confirmation position determining unit 15 determines at least one safety confirmation position 55 on the basis of the outside world information from the outside world information acquiring unit 11, vehicle position information from the vehicle position detecting unit 13, and movement route information from the movement route calculating unit 14).
Matsuda does not explicitly disclose the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area.
However, it has been known in the art of vehicle controls to implement the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as suggested by Kamiya, which discloses the movement assistance unit provides predetermined movement assistance based on a comparison (Kamiya: FIG. 3-5) between a peripheral environment risk of the first area (Kamiya: Abstract, [0038], FIG. 2 and FIG. 4: at step S200, the risk index is set to a value a. This risk index value a is a value of the risk index when a vehicle 200, which has been recognized as traveling on a trajectory of a vehicle likely colliding with the own vehicle 100, fails to be recognized by the camera 14 due to the view of the vehicle 200 being obstructed ) and a peripheral environment risk of the second area (Kamiya: Abstract, [0038]-[0052], and FIG. 3-5: If the traffic volume of the road 310 is equal to or greater than the threshold, then the process flow proceeds to step S220. At step S220, the risk-index calculator 25 adds a value b to the risk index to increase the risk index, which is followed by step S230. If the traffic volume of the road 310 is less than the threshold, then the process flow proceeds directly to step S230).
Therefore, in view of teachings by Matsuda and Kamiya, it would have been obvious to one of the ordinary kill in the art before the effective filing date of the claimed invention to implement in the driving assistance apparatus of Matsuda to include the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as suggested by Kamiya. The motivation for this is determine a risk index based on trajectory of a vehicle to perform collision avoidance upon risk index.
As to claim 2, Matsuda and Kamiya disclose the limitations of claim 1 further comprising the control device according to claim 1, wherein in a case where the moving object moves from the first area to the second area, the movement assistance unit does not provide the predetermined movement assistance when the peripheral environment risk of the second area is lower than the peripheral environment risk of the first area (Matsuda: Abstract, [0023], [0032]-[0034], [0055]-[0056], [0059]-[0063], [0073]-[0076], [0086]-[0091], and FIG. 7-11: The safety confirmation position determining unit 15 calculates at least one safety confirmation position 55 for the driver of the vehicle 2 to visually confirm an environment of the surroundings and to confirm safety at the time of exiting the parking slot. The safety confirmation position determining unit 15 determines at least one safety confirmation position 55 on the basis of the outside world information from the outside world information acquiring unit 11, vehicle position information from the vehicle position detecting unit 13, and movement route information from the movement route calculating unit 14), and provides the predetermined movement assistance when the peripheral environment risk of the second area is higher than the peripheral environment risk of the first area (Kamiya: Abstract, [0038]-[0052], and FIG. 3-5: If the traffic volume of the road 310 is equal to or greater than the threshold, then the process flow proceeds to step S220. At step S220, the risk-index calculator 25 adds a value b to the risk index to increase the risk index, which is followed by step S230. If the traffic volume of the road 310 is less than the threshold, then the process flow proceeds directly to step S230).
As to claim 6, Matsuda and Kamiya disclose the limitations of claim 1 further comprising the control device according to claim 1, wherein
the movement assistance unit determines the number of traffic participants in the first area and the second area as the peripheral environment risk when the moving object moves from the first area to the second area (Kamiya: Abstract, [0039], and FIG. 3-5: the risk-index calculator 25 acquires the number of moving objects, including the vehicle 200 and other vehicles 201, 202, which travel on the road 310 within a predetermined time period from a result of communication by the transceiver 16, and determines the traffic volume of the road 310. In an alternative embodiment, the risk-index calculator 25 may receive, using the transceiver 16, traffic information of the road 310 from VICS, thereby determining the traffic volume of the road 310. In another alternative embodiment, the risk-index calculator 25 may cause the image analyzer 22 to analyze images captured by the camera 14 to acquire the number of vehicles that travel on the road 310 within the predetermined time period, thereby determining the traffic volume of the road 310. In still another alternative embodiment, the risk-index calculator 25 may acquire, using the radar 15, the number of vehicles that travel on the road 310 within the predetermined time period, thereby determining the traffic volume of the road 310), and
the movement assistance unit does not provide the predetermined movement assistance when the number of traffic participants in the second area is smaller than the number of traffic participants in the first area, and provides the predetermined movement assistance when the number of traffic participants in the second area is larger than the number of traffic participants in the first area (Kamiya: Abstract, [0038]-[0052], and FIG. 3-5: If the traffic volume of the road 310 is equal to or greater than the threshold, then the process flow proceeds to step S220. At step S220, the risk-index calculator 25 adds a value b to the risk index to increase the risk index, which is followed by step S230. If the traffic volume of the road 310 is less than the threshold, then the process flow proceeds directly to step S230).
As to claim 7, Matsuda and Kamiya disclose the limitations of claim 2 further comprising the control device according to claim 2, wherein
the movement assistance unit provides the predetermined movement assistance according to a state of traffic participants in at least one of the first area and the second area (Kamiya: Abstract, [0038]-[0052], and FIG. 3-5: If the traffic volume of the road 310 is equal to or greater than the threshold, then the process flow proceeds to step S220. At step S220, the risk-index calculator 25 adds a value b to the risk index to increase the risk index, which is followed by step S230. If the traffic volume of the road 310 is less than the threshold, then the process flow proceeds directly to step S230).
As to claim 8, Matsuda and Kamiya disclose the limitations of claim 1 further comprising the control device according to claim 1, wherein
the movement assistance unit performs movement control to temporarily stop the moving object before the moving object moves across the first area and the second area as the predetermined movement assistance (Matsuda: Abstract, [0063], [0100], FIG. 11, and FIG. 13-14: Then, as described in FIGS. 8 and 9, the own vehicle 2 is stopped once at the vehicle stop position calculated by the safety confirmation position determining unit 15. Then, in a case where the conformation of the safety of the surroundings by the driver is completed, the parking-slot-exiting assistance is resumed).
As to claim 9, Matsuda and Kamiya disclose the limitations of claim 8 further comprising the control device according to claim 8, wherein
the movement assistance unit sets a deceleration of the moving object according to the peripheral environment risk when temporarily stopping the moving object (Matsuda: Abstract, [0033], and FIG. 2: A vehicle control ECU 24 (see FIG. 2) that controls the traveling of the vehicle 2 starts the movement of the vehicle 2 along the movement route calculated by the movement route calculating unit 14, and when the vehicle 2 reaches the safety confirmation position 55 calculated by the safety confirmation position determining unit 15, the vehicle control ECU 24 decelerates the vehicle 2 to a predetermined speed or less. Decelerating the vehicle 2 to a predetermined speed or less includes, for example, a case where the vehicle 2 travels at a very slow speed, for example, at a speed of about several kilometers per hour as well as a case where the vehicle 2 temporarily stops (speed 0) ).
As to claim 10, Matsuda and Kamiya disclose the limitations of claim 8 further comprising the control device according to claim 8, wherein
the movement assistance unit sets a stop position according to the peripheral environment risk when temporarily stopping the moving object ([0056], [0059], [0061], [0063], [0073]-[0075], [0086], [0091], [0093]-[0094], FIG. 1, and FIG. 7-11: After the parking-slot-exiting assistance starts, the vehicle 2 is controlled to stop at the vehicle stop position calculated by the safety confirmation position determining unit 15 and is stopped at the position. Then, when a signal indicating that the driver has confirmed the safety of the surroundings is input from the in-vehicle display device 23 to the vehicle control ECU 24, the vehicle 2 is controlled to travel to the parking-slot-exiting position along the parking-slot-exiting route ).
As to claim 11, Matsuda and Kamiya disclose the limitations of claim 1 further comprising the control device according to claim 1, wherein
the movement assistance unit performs a notification to prompt the user to temporarily stop the moving object before the moving object moves across the first area and the second area as the predetermined movement assistance (Matsuda: [0083]-[0084], [0097]-[0100], and FIG. 11 the messageGP23A Move Forward to Place Where Surrounding Can Be Confirmed. Prese Press “Parking-Slot-Exiting Assistance Start”).
As to claim 12, Matsuda and Kamiya disclose the limitations of claim 11 further comprising the control device according to claim 11, wherein
the movement assistance unit sets an intensity of the notification according to the peripheral environment risk ([0016], [0027], [0035], [0037], [0049], [0052], [0055], and FIG. 1-5: the collision avoidance measure includes increasing the braking force when the risk index is high and decreasing the braking force when the risk index is low. In an alternative embodiment, the collision avoidance measure may include providing to another moving object, using V2V communication or horn, a notification that the own vehicle is likely to collide with the moving object. If the road that the own vehicle 100 is traveling on is a multi-lane road and a lane change allows a collision to be avoided, the collision avoidance measure may include braking the own vehicle 100 or making a lane change instead of braking the own vehicle 100).
As to claim 13, Matsuda discloses a control method using a control device for a moving object, the control device including a data acquisition unit (Matsuda: Abstract, [0023], [0027]-[0028], [0032], and FIG. 1 outside world information acquiring unit 11 and FIG. 3 the cameras 25 and the sonar 26) that acquires peripheral environment data of the moving object (Matsuda: Abstract, [0023]-[0024], [0027]-[0028], [0032], and FIG. 1 outside world information acquiring unit 11 and FIG. 3 the cameras 25 and the sonar 26: the driving assistance apparatus 1 includes, for example, an outside world information acquiring unit 11 that acquires outside world information from a sensor for detecting the outside world, a vehicle position detecting unit 13 that detects a position of the own vehicle 2, a movement route calculating unit 14 that calculates a planned route to travel when the own vehicle 2 automatically exits the parking slot from a parking position, and a safety confirmation position determining unit 15 that determines a safety confirmation position 55 at which a driver can visually confirm a traveling area on the bases of the position of the own vehicle 2 detected by the vehicle position detecting unit 13 and the outside world information acquired by the outside world information acquiring unit 11), and a movement assistance unit (Matsuda: FIG. 1 movement route calculating unit 14) that determines a peripheral environment risk of the moving object based on the peripheral environment data and provides movement assistance for the moving object based on the peripheral environment risk (Matsuda: [0031]-[0034], [0052]-[0055], [0057]-[0058], [0069]-[0070], and FIG. 3-4: the movement route calculating unit 14 generates longitude in the case of exiting the parking slot by automatic driving. The movement route calculating unit 14 calculates a movement route at the time of exiting the parking slot on the basis of a detection result of the movable position detecting unit 12 and a detection result of the vehicle position detecting unit 13), the control method comprising,
when the moving object moves across a first area and a second area with different attributes (Matsuda: [0029]-[0032], [0051]-[0060], and FIG. 3-4: When the vehicle 2 exits the parking slot P2, the movable position detecting unit 12 detects a space possible for exiting the parking slot (a place and a position to which the vehicle 2 can be moved). In a case where the vehicle 2 can exit to both left and right sides, both the left direction and the right direction are detected as the spaces possible for exiting the parking slot. Meanwhile, in a case where there is a wall or a building in the right direction, only the left direction is detected as the space possible for exiting the parking slot. Hereinafter, the space possible for exiting the parking slot may be referred to as a place possible for exiting the parking slot or a position possible for exiting the parking slot), providing, by the control device, predetermined movement assistance that prompts a user of the moving object to check for safety (Matsuda: Abstract, [0023], [0032]-[0034], [0055]-[0056], [0059]-[0063], [0073]-[0076], [0086]-[0091], and FIG. 7-11: The safety confirmation position determining unit 15 calculates at least one safety confirmation position 55 for the driver of the vehicle 2 to visually confirm an environment of the surroundings and to confirm safety at the time of exiting the parking slot. The safety confirmation position determining unit 15 determines at least one safety confirmation position 55 on the basis of the outside world information from the outside world information acquiring unit 11, vehicle position information from the vehicle position detecting unit 13, and movement route information from the movement route calculating unit 14).
Matsuda does not explicitly disclose the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area.
However, it has been known in the art of vehicle controls to implement the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as suggested by Kamiya, which discloses the movement assistance unit provides predetermined movement assistance based on a comparison (Kamiya: FIG. 3-5) between a peripheral environment risk of the first area (Kamiya: Abstract, [0038], FIG. 2 and FIG. 4: at step S200, the risk index is set to a value a. This risk index value a is a value of the risk index when a vehicle 200, which has been recognized as traveling on a trajectory of a vehicle likely colliding with the own vehicle 100, fails to be recognized by the camera 14 due to the view of the vehicle 200 being obstructed ) and a peripheral environment risk of the second area (Kamiya: Abstract, [0038]-[0052], and FIG. 3-5: If the traffic volume of the road 310 is equal to or greater than the threshold, then the process flow proceeds to step S220. At step S220, the risk-index calculator 25 adds a value b to the risk index to increase the risk index, which is followed by step S230. If the traffic volume of the road 310 is less than the threshold, then the process flow proceeds directly to step S230).
Therefore, in view of teachings by Matsuda and Kamiya, it would have been obvious to one of the ordinary kill in the art before the effective filing date of the claimed invention to implement in the driving assistance apparatus of Matsuda to include the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as suggested by Kamiya. The motivation for this is determine a risk index based on trajectory of a vehicle to perform collision avoidance upon risk index.
As to claim 14, Matsuda discloses a non-transitory computer-readable storage medium storing a control program causing a control device for a moving object to execute a process, the control device including a data acquisition unit (Matsuda: Abstract, [0023], [0027]-[0028], [0032], and FIG. 1 outside world information acquiring unit 11 and FIG. 3 the cameras 25 and the sonar 26) that acquires peripheral environment data of the moving object (Matsuda: Abstract, [0023]-[0024], [0027]-[0028], [0032], and FIG. 1 outside world information acquiring unit 11 and FIG. 3 the cameras 25 and the sonar 26: the driving assistance apparatus 1 includes, for example, an outside world information acquiring unit 11 that acquires outside world information from a sensor for detecting the outside world, a vehicle position detecting unit 13 that detects a position of the own vehicle 2, a movement route calculating unit 14 that calculates a planned route to travel when the own vehicle 2 automatically exits the parking slot from a parking position, and a safety confirmation position determining unit 15 that determines a safety confirmation position 55 at which a driver can visually confirm a traveling area on the bases of the position of the own vehicle 2 detected by the vehicle position detecting unit 13 and the outside world information acquired by the outside world information acquiring unit 11), and a movement assistance unit (Matsuda: FIG. 1 movement route calculating unit 14) that determines a peripheral environment risk of the moving object based on the peripheral environment data and provides movement assistance for the moving object based on the peripheral environment risk (Matsuda: [0031]-[0034], [0052]-[0055], [0057]-[0058], [0069]-[0070], and FIG. 3-4: the movement route calculating unit 14 generates longitude in the case of exiting the parking slot by automatic driving. The movement route calculating unit 14 calculates a movement route at the time of exiting the parking slot on the basis of a detection result of the movable position detecting unit 12 and a detection result of the vehicle position detecting unit 13), the process comprising,
when the moving object moves across a first area and a second area with different attributes (Matsuda: [0029]-[0032], [0051]-[0060], and FIG. 3-4: When the vehicle 2 exits the parking slot P2, the movable position detecting unit 12 detects a space possible for exiting the parking slot (a place and a position to which the vehicle 2 can be moved). In a case where the vehicle 2 can exit to both left and right sides, both the left direction and the right direction are detected as the spaces possible for exiting the parking slot. Meanwhile, in a case where there is a wall or a building in the right direction, only the left direction is detected as the space possible for exiting the parking slot. Hereinafter, the space possible for exiting the parking slot may be referred to as a place possible for exiting the parking slot or a position possible for exiting the parking slot), providing predetermined movement assistance that prompts a user of the moving object to check for safety (Matsuda: Abstract, [0023], [0032]-[0034], [0055]-[0056], [0059]-[0063], [0073]-[0076], [0086]-[0091], and FIG. 7-11: The safety confirmation position determining unit 15 calculates at least one safety confirmation position 55 for the driver of the vehicle 2 to visually confirm an environment of the surroundings and to confirm safety at the time of exiting the parking slot. The safety confirmation position determining unit 15 determines at least one safety confirmation position 55 on the basis of the outside world information from the outside world information acquiring unit 11, vehicle position information from the vehicle position detecting unit 13, and movement route information from the movement route calculating unit 14).
Matsuda does not explicitly disclose the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area.
However, it has been known in the art of vehicle controls to implement the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as suggested by Kamiya, which discloses the movement assistance unit provides predetermined movement assistance based on a comparison (Kamiya: FIG. 3-5) between a peripheral environment risk of the first area (Kamiya: Abstract, [0038], FIG. 2 and FIG. 4: at step S200, the risk index is set to a value a. This risk index value a is a value of the risk index when a vehicle 200, which has been recognized as traveling on a trajectory of a vehicle likely colliding with the own vehicle 100, fails to be recognized by the camera 14 due to the view of the vehicle 200 being obstructed ) and a peripheral environment risk of the second area (Kamiya: Abstract, [0038]-[0052], and FIG. 3-5: If the traffic volume of the road 310 is equal to or greater than the threshold, then the process flow proceeds to step S220. At step S220, the risk-index calculator 25 adds a value b to the risk index to increase the risk index, which is followed by step S230. If the traffic volume of the road 310 is less than the threshold, then the process flow proceeds directly to step S230).
Therefore, in view of teachings by Matsuda and Kamiya, it would have been obvious to one of the ordinary kill in the art before the effective filing date of the claimed invention to implement in the driving assistance apparatus of Matsuda to include the movement assistance unit provides predetermined movement assistance based on a comparison between a peripheral environment risk of the first area and a peripheral environment risk of the second area, as suggested by Kamiya. The motivation for this is determine a risk index based on trajectory of a vehicle to perform collision avoidance upon risk index.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (2019/0351900 A1) in view of Kamiya et al. (Kamiya – US 2021/0039636 A1) and further in view of Matsushita Fumihiko (Fumihiko – JP 2013-084088 A). The rejections in this instant application are based on the English translation of JP 2013-084088 publication by computer.
As to claim 3, Matsuda and Kamiya disclose the limitations of claim 1 further comprising the control device according to claim 1, wherein the movement assistance unit determines a road type of the first area and the second area as the peripheral environment risk (Kamiya: [0028], [0039], [0041], [0051], [0055], and FIG. 2-5: the risk-index calculator 25 causes the image analyzer 22 to analyze images captured by the camera 14 to detect the presence or absence of a regulatory sign, such as a “STOP” sign. If recognizing a regulatory sign, the risk-index calculator 25 adds a value d to the risk index to increase the risk index, which is followed by step S270. This is because it can be determined that the road 310 is a road with higher priority than the road 300. If recognizing no regulatory sign, then the process flow proceeds directly to step S270. The process flow may also proceed to step S260 if the risk-index calculator 25 recognizes, from a result of image analysis by the image analyzer 22, a “STOP” road marking on the road 300 even if failing to detect the “STOP” sign. The process flow may proceed to step S270. This is because the view of “STOP” sign may be obstructed by trees or the like and the “STOP” sign may thus fail to be recognized in the images captured by the camera 14. The risk-index calculator 25 may also increase the risk index if recognizing a crosswalk road marking on the road 300. In this manner, using information about a traffic sign or a road marking recognized from a result of analysis of images captured by the camera, the risk-index calculator 25 is able to determine priorities of roads to increase the risk index), except for the claimed limitations of in a case where the first area is determined as a general road and the second area is determined as a private land, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area.
However, it has been known in the art of vehicle controls to implement in a case where the first area is determined as a general road and the second area is determined as a private land, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area, as suggested by Fumihiko, which discloses wherein the movement assistance unit determines a road type of the first area and the second area as the peripheral environment risk (Fumihiko: Abstract, [0006]-[0008], [0012], [0025]-[0028], [0031]-[0036], and FIG. 4-9: In the vehicle behavior condition information in the present invention, at least one of the destination road structure, a roadway to which the host vehicle is entering, and a front side of the road in the traveling direction of the host vehicle It is possible to include a road structure having various roadways with roadways (roadsides, sidewalks (including pedestrian crossings), bicycle paths) partitioned to be used only for the specified target. In this case, for the road structure, a position immediately before entering the roadway is determined as one of the passing areas, and the vehicle behavior condition at the position immediately before the entry is stopped as the vehicle behavior condition to be satisfied at the position immediately before the entry. Can be determined. Some roads have roadways with sideways, sidewalks, bicycle paths, etc. by the side of the roadway. In such a road structure, before joining or crossing the roadway, the sideways with the roadside are added Although it is in the form of a crossing, it is necessary to stop only when entering a roadway as well as when entering a roadway, and to pay attention to objects passing through the roadside road, so According to the configuration, it is possible to urge the driver to temporarily stop the vehicle when entering the additional road), in a case where the first area is determined as a general road and the second area is determined as a private land, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area (Fumihiko: Abstract, [0006]-[0008], [0012], [0025]-[0028], [0031]-[0036], and FIG. 4-9: One estimated passing route can be specified in the road structure 200 of FIG. 4, and first to third passing regions (P1) to (P3) are determined in advance in the passing order with respect to the estimated passing route. In the first passing area (P1), the position before the sidewalk approach immediately after the exit of the parking lot 300 is determined, and a stop (temporary stop) is determined as the vehicle behavior condition to be satisfied there. A warning content (a content prompting for a temporary stop at that position) to be output when not being performed is defined. In the second passing area (P2), it is a crossing section of the sidewalk 202 immediately after the exit of the parking lot 300, and slow traveling (traveling at or below a predetermined vehicle speed) is determined as vehicle behavior condition to be satisfied there. A warning content (content prompting slow travel in the section) to be output when the vehicle behavior condition is not satisfied is defined. The third passing area (P3) is a position immediately before entering the road 201. A stop (temporary stop) is defined as a vehicle behavior condition to be satisfied there, and output is performed when the vehicle behavior condition is not satisfied. The content of the warning to be issued (content prompting for a temporary stop) is defined).
Therefore, in view of teachings by Matsuda, Kamiya, and Fumihiko, it would have been obvious to one of the ordinary kill in the art before the effective filing date of the claimed invention to implement in the driving assistance apparatus of Matsuda and Kamiya to include in a case where the first area is determined as a general road and the second area is determined as a private land, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area, as suggested by Fumihiko. The motivation for this is improve safety of a vehicle based on a trajectory of the vehicle.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (2019/0351900 A1) in view of Kamiya et al. (Kamiya – US 2021/0039636 A1) and further in view of Eiji Kasai (Kasai – JP 7-294274 A – Applicant provided in IDs filed 12/30/2025).
As to claim 4, Matsuda and Kamiya disclose the limitations of claim 1 further comprising the control device according to claim 1, wherein the movement assistance unit determines whether there is map data for navigation in the first area and the second area as the peripheral environment risk (Kamiya: Abstract, [0055], and FIG. 6 the navigation unit 13: The navigation unit 13 provides route guidance from the location of the own vehicle 100 to a destination. The navigation unit includes map data and receives signals from satellites of the global navigation satellite system (GNSS) to determine the location of the own vehicle 100. The navigation unit 13 is operable to receive radio waves from radio-wave beacons installed along the road, radio waves from cell-phone base stations, and radio waves from Wi-Fi base stations, as well as the signals from the satellites of the GNSS, and determine the location of the own vehicle 100 using these radio waves. The risk-index calculator 25 may acquire, using the map data of the navigation unit 13, the priority of the road 300 that the own vehicle 100 is traveling on and the priority of the road 310 crossing the road 300, and determine whether the road 310 is a road with higher priority), except for the claimed limitations of in a case where it is determined that there is map data in the first area and there is no map data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area.
However, it has been known in the art of vehicle controls to implement in a case where it is determined that there is map data in the first area and there is no map data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area, as suggested by Kasai, which discloses in a case where it is determined that there is map data in the first area and there is no map data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area (Kasai: [0012]-[0020], [0023]-[0026], FIG. 1, and FIG. : As a result of the map matching for matching the measured present position with the nearest displayed road, when it is determined that the measured present position is out of the displayed road beyond the measurement error range and there is no displayed road corresponding to the track data connecting the present position, the track data until the measured present position is on the displayed road again is stored as the road data of the no n-displayed road), and provides the predetermined movement assistance when the moving object moves from the second area to the first area (Kasai: [0012]-[0020], [0023]-[0026], FIG. 1, and FIG. 5: according to the navigation device 21, a bypath, a backroad, an alley, or the like, which is not described in the road data of the map information storage medium 6, can be stored as trajectory data so as to be useful for the next route guidance, Further, when it is clear that the current position is on a road other than the displayed road, the matching by the map matching is not forced, and the road data of the non-displayed road Rx is stored in the non-displayed road storage memory 23, so that it is possible to reduce the sense of incongruity between the displayed current position and the reality during traveling, ln addition, even in the case of a map in which roads and place names are mixed as image data, the graphical features of the displayed roads necessary for collation are extracted).
Therefore, in view of teachings by Matsuda, Kamiya, and Kasai, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the driving assistance apparatus of Matsuda and Kamiya to include in a case where it is determined that there is map data in the first area and there is no map data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area, as suggested by Kasai. The motivation for this is determine control operations of a vehicle travelling on a trajectory based on map information of the vehicle.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (2019/0351900 A1) in view of Kamiya et al. (Kamiya – US 2021/0039636 A1) and further in view of Nakamura et al. (Nakamura – JP 6273864 B2). The rejections in this instant application are based on the English translation of JP 6273864 B2 publication by computer.
As to claim 5, Matsuda and Kamiya disclose the limitations of claim 1 except for the claimed limitations of the control device according to claim 1, wherein the movement assistance unit determines whether there is memory registered data in the first area and the second area as the peripheral environment risk, and
in a case where it is determined that there is no memory registered data in the first area and there is memory registered data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area.
However, it has been known in the art of vehicle controls to implement wherein the movement assistance unit determines whether there is memory registered data in the first area and the second area as the peripheral environment risk, and
in a case where it is determined that there is no memory registered data in the first area and there is memory registered data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area, as suggested by Nakamura, which discloses wherein the movement assistance unit determines whether there is memory registered data in the first area and the second area as the peripheral environment risk (Nakamura: Abstract, [0021]-[0023], [0038], [0042]-[0045], and FIG. 1: A RAM 42 in which route data and the like when a route is searched are stored, a RAM 42 for storing a route program when a route is searched, a program for control, a route search processing program (see FIG. 2) and an automatic operation control processing program ) Or the like, and an internal storage device such as a flash memory 44 for storing a program read out from the ROM 43. The navigation ECU 13 constitutes various means as processing algorithms. For example, the route obtaining means obtains a planned travel route of the vehicle including the automatic driving section in which the automatic driving control of the vehicle is performed. The interruption section setting means sets an interruption section in which automatic operation control is not performed in accordance with operation by the user in the automatic operation section included in the planned traveling route. The control content setting means sets the control content of the automatic driving control to be performed on the vehicle with respect to the section excluding the interruption section out of the automatic driving section included in the planned traveling route), and
in a case where it is determined that there is no memory registered data in the first area and there is memory registered data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area (Nakamura: Abstract, [0021]-[0023], [0038], [0042]-[0045], [0056]-[0061], FIG. 1 and FIG. 4-7: the CPU 41 specifies a section (hereinafter referred to as an interruption section) in which the automatic driving control is suspended in the automatic driving section included in the candidate route. In the interruption section, a section in which a situation in which it is difficult to cause the vehicle to run by automatic driving control occurs is specified based on the road shape, the lane marking, the traffic information, the weather information, the interruption history of the past automatic driving control, etc. . In the interruption section, the automatic operation control of the vehicle is interrupted and the traveling by manual operation is performed. For example, a section corresponding to any one of the following conditions (1) to (5) is specified as an interruption section. (1) A section that requires merging or lane change in a short section (for example, 500 m or less). (2) A section where lane markings (roadway center line, lane boundary line, roadway outside line, etc.) are gone or thinned to an extent that they can not be recognized by the camera. (3) Although lane regulation has occurred due to accident, construction, falling objects, etc., it is a section where lane where regulation is not able to judge which lane. (4) It is difficult to detect by a camera or a sensor during driving, or a weather in which it is difficult to control the vehicle (heavy rain, heavy fog, snow, road freezing, for example). (5) An interval in which automatic operation control has been interrupted in the past other than (1) - (4)).
Therefore, in view of teachings by Matsuda, Kamiya, and Nakamura, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the driving assistance apparatus of Matsuda and Kamiya to include wherein the movement assistance unit determines whether there is memory registered data in the first area and the second area as the peripheral environment risk, and
in a case where it is determined that there is no memory registered data in the first area and there is memory registered data in the second area, the movement assistance unit does not provide the predetermined movement assistance when the moving object moves from the first area to the second area, and provides the predetermined movement assistance when the moving object moves from the second area to the first area, as suggested by Nakamura. The motivation for this is determine automatic/interruption control operations of a vehicle travelling a trajectory based on history information of the vehicle automatic driving control.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Yamashita et al., US 2025/0319896 A1, discloses driving assistance device and driving assistance method.
Hirata et al., US 2025/0304093 A1, disclose control device, control method, and storage medium.
Lee, US 12,394,310 B2, discloses autonomous driving systems and methods for autonomous vehicle driving.
Conclusion
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/QUANG PHAM/Primary Examiner, Art Unit 2685
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