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
The amendment filed 7/10/2026 has been entered. Claims 1-7 remain pending in the application, claim 2 has been cancelled, and new claims 8-10 have been added. Applicant’s amendments to the claims and specification have overcome each and every objection as well as rejection under 35 U.S.C. 112(b) previously set forth in the Non-Final Office Action mailed 4/30/2026.
Response to Arguments
Applicant argues broadly that the cited references of GM Global and Waeller do not alone or in combination teach the amended limitation regarding the assist level corresponds to a level of a detailed function included in the driver assist function, and the instruction to change the assist level includes at least any one of a change of a timing of activation of the driver assist function, a change of an alarm sound to a user of the driver assist function, and a change of an operating intensity of the driver assist function. Applicant identifies the teaching of GM Global regarding an emergency braking maneuver initiation referred to in the previous Office Action but does not distinctly identify how the claimed limitation is not met by the prior citation.
In fact, the emergency braking maneuver of GM Global is a driver assistance function that operates at different levels based on the preference of a user. P [0007] specifically details that an inexperienced user can “switch the emergency braking function on or off via the basic functions”. On the other side, an experienced user can use the extended functions to select “whether an emergency braking maneuver should be initiated if another vehicle and/or a pedestrian is detected within a specified area surrounding the vehicle.” The timing of activation for when emergency braking is provided can be changed based on the setting change that affects the assist level of the driver assist function.
The claim language initially states broadly that “an assist level” is changed, and the amended limitation specifically limits the change in assist level to any one of a change of timing of activation, a change of an alarm sound to a user, and a change of an operating intensity. In the interest of compact prosecution, however, the arguments are rendered moot because the arguments do not apply to the combination of references and/or rationale being used in the current rejection.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, and 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over GM Global Tech Operations Inc, hereinafter referred to as GM Global (Document ID: DE202013011340U1) in view of Waeller et al., hereinafter Waeller (Document ID: DE102010046918A1), and further in view of Takahashi et al., hereinafter Takahashi '955 (Document ID: DE 112016005955 T5).
Regarding claims 1, 6, and 7, GM Global teaches a driver assist apparatus comprising one or more processors, a driver assist method executed by a computer, and a non-transitory storage medium storing instructions that are executable by one or more processors, the processor configured to and the method comprising one or more processors (vehicle control device in P [0003]) configured to collectively provide instructions of settings within a group, the settings being set to a plurality of driver assist functions included in the group, see at least P [0014]: “Extended functions are understood to be functions of the driver assistance system that go beyond the basic functions, for example refinements of the functions of the driver assistance system.”, wherein an extended function is shown in P [0012] to be a group of more complex functions that rely on basic functions, such as “whether an emergency braking maneuver should be initiated if another vehicle and/or a pedestrian is detected within a specified area surrounding the vehicle.”). Though GM Global teaches “selecting settings of one or more of the extended functions” in P [0042], GM Global does not explicitly teach the group being configured so that the driver assist function of a vehicle is allowed to be added to or deleted from the group.
Instead, Waeller, whose invention pertains to driver assistance modules with sub-functions, teaches in P [0014] the use of driver assistance modules that are comprised of “sub-functions”, wherein “further driver assistance modules can be added to the driver assistance system”.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the user modification of driving assistance functions of GM Global with the ability to add assistance modules of Waeller in order to allow a user to "easily and quickly assess the status of all driver assistance modules of the driver assistance system" as in P [0026] of Waeller. Both GM Global and Waeller are concerned with simplifying operation of the function setting for a user, especially for users who may not be as familiar or technologically savvy.
In view of the modification, GM Global then further teaches that
the instructions include an instruction to change an assist level in predetermined levels of the driver assist function, (see at least P [0006] wherein extended functions consist of “refinements of the functions of the driver assistance system.” See also P [0007] wherein the braking example of an extended function changes the level of emergency braking based on predetermined levels of detection steps, such as whether “another vehicle and/or a pedestrian is detected within a specified area surrounding the vehicle.”).
GM Global further teaches
the assist level corresponds to a level of a detailed function included in the driver assist function (see at least P [0007] wherein a detailed emergency braking maneuver is considered at different assist levels for the extended function),
And GM Global additionally teaches that the timing that a function is activated is changed as an assist level change in at least P [0007] wherein the timing of activation of a driver assist function is toggled through modification of the extended function, based on consideration of a user’s selection and the vehicle’s detection settings. But should it be found that GM Global and Waeller do not teach
the instruction to change the assist level includes at least any one of a change of a timing of activation of the driver assist function, a change of an alarm sound to a user of the driver assist function, and a change of an operating intensity of the driver assist function.
Instead, Takahashi ‘955, whose invention pertains to driving assistance technology that also supports collision avoidance, teaches in at least P [0030] the ability to change the activation timing of a driver assist function, and in P [0034] toggling an alarm function as well.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the customizable driver assist functions and levels of assistance of GM Global and Waeller with the specific activation timing changes and alarm functions of Takahashi in order to effectively assist a driver in response to the right driving conditions as in P [0029]-[0030] of Takahashi '955.
Regarding claim 3, modified GM Global teaches the driver assist apparatus according to claim 2, and in view of the modification GM Global further teaches that
the assist levels are respectively included in a plurality of the driver assist functions (see at least P [0042] which establishes a control element for “selecting settings of one or more of the extended functions 8 of the functions of the driver assistance system 2”, each of which having “possible settings” pertaining to the assist levels); and
GM Global teaches “displaying possible settings of the extended functions 8 of the functions of the driver assistance system 2” in P [0045], but not explicitly that the one or more processors are configured to:
display a list screen of an item to be set at the assist level; and
collectively provide instructions, by collectively changing settings of the assist levels included in the item from the list screen, to change the assist levels of the plurality of driver assist functions including the item.
Instead, Waeller teaches in P [0051] displaying “a list of the functionalities of the driver assistance modules that are activated at a certain safety level.”, as well as the ability to adjust the “set level of safety functions and the set level of automation functions” (P [0026]). The system effects collective change based on the driver’s selection and the “desired level of automation and security”.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the display screen for changing and modifying extended functions of GM Global with the list display and collective changes to levels of functions within a driver assistance module of Waeller in order to allow a user to intuitively change the level of automatic operation for driver assistance functions as needed and preferred.
Regarding claim 5, modified GM Global teaches the driver assist apparatus according to claim 1, and GM Global further teaches a procedure in P [0021] for displaying and issuing “warnings about a faulty or incomplete configuration of the at least one driver assistance system.” Takahashi ‘955 also teaches in at least P [0036] preset values for driving assistance content. GM Global, Waeller, and Takahashi ‘955 thus do not explicitly teach that
the driver assist apparatus has a function to reset the assist level changed by the instruction to change the assist level, to an assist level determined in advance.
Instead, in P [0021] GM Global teaches “within the framework of a workshop or repair process, statistics on changes made to individual functions of the functions of at least one driver assistance system can be used to track how often the functions of the driver assistance system were interfered with”. It therefore would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the tracking of changes to individual functions within a driver assistance system of GM Global, Waeller, and Takahashi '955 with a function to reset the assist level to a determined level in order to facilitate repair of a driver assistance system when configuration has been faulty or incomplete, perhaps because a user has deleted a function or interfered with the settings of a particular function too many times or in a contradictory manner.
Regarding claims 8, 9, and 10, modified GM Global teaches the driver assist apparatus according to claim 1, the driver assist method according to claim 6, and the non-transitory storage medium according to claim 7, and GM Global further teaches the assist level of the change of the timing of activation of the driver assist function is one of a first plurality of types of selectable options in at least P [0037] wherein a menu is provided for a user to select driving assistance functions and can be customized based on experience level. But GM Global and Waeller do not explicitly teach that the selectable options are related to a time of the activation and includes a first threshold within a first range, the assist level of the change of the alarm sound to the user of the driver assist function is one of a second plurality of types of selectable options related to a volume of the alarm sound and includes a second threshold within a second range, and the assist level of the change of the operating intensity of the driver assist function is one of a third plurality of types of selectable options related to a duration of the operating intensity and includes a third threshold within a third range.
Instead, Takahashi ‘955 teaches in at least P [0038] a threshold value B for activation time setting, wherein a range is defined by a second set time TA2. In P [0059] a threshold value C is established for a “higher value for the alarm function”.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the selectable driver assistance functions and user preference accommodation of GM Global and Waeller with the threshold based adjustments to driver assistance functions of Takahashi '955 in order to monitor and change settings during collision avoidance operations as in P [0037] of Takahashi '955.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over GM Global in view of Waeller and Takahashi ‘955, and further in view of Takahashi, hereinafter Takahashi '045 (Document ID: US 20200167045 A1).
Regarding claim 4, modified GM Global teaches the driver assist apparatus according to claim 3, and GM Global further teaches that the one or more processors are configured to provide “statistics on changes made to individual functions of the functions of the driver assistance system 2” in P [0048]. GM Global clearly teaches granular control and display for settings of the extended functions 8, and Takahashi ‘955 teaches in P [0019] a communication device such as a display. But GM Global, Waeller, and Takahashi ‘955 do not explicitly teach the one or more processors are further configured to
display a detailed screen that is a screen to individually change the assist level of each of the plurality of driver assist functions.
Instead, Takahashi ‘045, whose invention pertains to a display system for changing setting items of driving assistance functions, teaches in at least FIG. 9 a detailed screen that individually lists driver assist functions, and allows a user to individually change the setting items of each driver assist function.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the display screen and function control of GM Global, Waeller, and Takahashi '955 with the detailed display screen of Takahashi ‘045 in order to provide convenience to a driver who wishes to change settings of a driving assistance function as in P [0108] of Takahashi '045, as Takahashi '045 also tracks which states are most likely to be changed in P [0129] for ordering of the display.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Additional art made of record and not relied upon is considered pertinent to applicant's disclosure.
Document ID: JP2014133537A
Invention pertains to automatically setting operation content for an in-vehicle device.
Document ID: JP 2025065898 A
Invention pertains to vehicle communication and assistance system for aiding a driver to drive safely.
Document ID: JP 2007196854 A
Invention pertains to grouping a plurality of driver assistance functions.
Document ID: CN 104678832 A
Invention pertains to customizable driving assistance functions.
Document ID: US 20180118203 A1
Invention pertains to a driving assist apparatus for reducing or avoiding collision.
Document ID: US 20210107359 A1
Invention pertains to displaying an alert screen when a predetermined condition is satisfied.
Document ID: US 20180004205 A1
Invention pertains to driving assistance packages for a user of a vehicle.
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/D.E./Examiner, Art Unit 3656
/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
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