Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is responsive to Application No. 19/073,109 and the amendments filed on 7/22/2026.
3. Claims 1-8 are presented for examination.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 3/7/2025 has been fully considered by the Examiner.
Response to Arguments
5. Applicant’s arguments, see page 6, filed 7/22/2026, with respect to the objections to claims 1, 7, and 8 for minor informalities have been fully considered and are persuasive. The objection of 5/15/2026 has been withdrawn.
6. Applicant’s arguments with respect to the rejection of claim(s) 1-8 under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding independent claim 1, the Examiner agrees that the combination of US 20180319402 A1 to Mills and US 12233895 B2 to Andreetto fails to teach all of the amended limitations of the claim. However, in light of the amendments and the Applicant’s remarks, an updated search was conducted, and a new ground of rejection concerning claim 1 has been determined, in which will be described later.
Regarding dependent claims 2-6, as all of these claims depend from claim 1, are still rejected, in which will be described later.
Regarding independent claims 7 and 8, as these claims contain similar limitations as claim 1, are still rejected for similar reasons as claim 1 is, in which will be described later.
Specification
7. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. Claim(s) 1, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mills et al. (US 20180319402 A1 hereinafter Mills) in view of Hibino (US 20180194272 A1 hereinafter Hibino).
Regarding Claim 1, Mills teaches a driver assist apparatus comprising; one or more processors ([0028] via “As shown, the VCS 100 includes a data processor 102, ….”) 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 ([0034] via “In embodiments, the information obtained by the vehicle sensors 108 may be provided to the processor 102
and/or the ADAS 114 to implement various types of driver assistance, including, for example, adaptive cruise control, traffic jam assist, parking assist, lane change assist, …, etc.”), ([0035] via “The human-machine interface (HMI) 112 (also referred to as a “user interface”) can be an ECU for enabling user interaction with the vehicle and for presenting vehicle information and other data to the vehicle operator in accordance with the techniques described herein, including those associated with the ADAS 114 and/or driver assistance module 126. The HMI 112 can comprise an instrument panel (IP) 128, one or more display screens 130 (e.g., media display screen, navigation display screen, infotainment display screen, etc.), a plurality of input devices 132, and various other devices for inputting, entering, receiving, capturing, displaying, or outputting data associated with the vehicle computing system 100, …, the advanced driver assistance system 114, ….”), ([0054] via “As shown in FIG. 1, the data storage device 104 may also store driver preferences information 138 entered by the vehicle operator (or user) using the HMI 112. The driver preferences information can include a user-selected level of lateral support or control to be applied when the automated driver assistance feature is active.”), the group being configured so that a driver assist function of a vehicle is allowed to be added to or deleted from the group ([0054] via “The driver preferences information can include a user-selected level of lateral support or control to be applied when the automated driver assistance feature is active. The user may select the level of lateral support using menu options presented by the HMI 112, for example, on the display of the instrument panel 128. For example, the menu options may include “no lateral support,” selection of which would prevent the ADAS 114 from providing any lateral control of the vehicle. The menu options may also include “Traffic Jam Assist,” selection of which causes the ADAS 114 to provide lateral control as dictated by the Traffic Jam Assist feature. The menu options may also include “Highway Assist,” selection of which causes the ADAS 114 to provide lateral control as dictated by the Highway Assist feature.”), ([0056] via “In some embodiments, the method 200 may begin at step 202, where the processor receives user selection of an option to automatically enable an automated driver assistance feature (also referred to herein as an “Automated Feature”). The user selection may be received via a user interface of the vehicle (e.g., HMI 112 shown in FIG. 1), for example, in response to presenting a menu option for enabling or disabling the Automated Feature.”).
Mills is silent on the plurality of driver assist functions including at least one driver assist function that activates based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle and configured to detect an illuminance ahead of the vehicle and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount.
However, Hibino teaches the plurality of driver assist functions including at least one driver assist function that activates ([0028] via “The headlight 10 has an automatic light control function of automatically performing switching between on and off state of the headlight 10 ….”) based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle ([0028] via “The headlight 10 has an automatic light control function of automatically performing switching between on and off state of the headlight 10
according to the luminance around the vehicle.”), ([0029] via “The illuminance sensor 21
detects the luminance around the vehicle. The illuminance sensor 21 … is disposed on a dashboard of the vehicle, or the like.”) and configured to detect an illuminance ahead of the vehicle ([0029] via “The illuminance sensor 21 detects the luminance around the vehicle.”) and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount ([0037] via “The illumination control section 31 determines whether the luminance detected by the illuminance sensor 21 is lower than a determination value, which serves as a reference in determining whether to automatically switch on the headlight 10. The illumination control section 31, when determining that the detected luminance is lower than the determination value, switches on the headlight 10.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Hibino wherein the plurality of driver assist functions including at least one driver assist function that activates based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle and configured to detect an illuminance ahead of the vehicle and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount. Doing so determines whether or not it is appropriate to turn on or off the headlights based on the light levels of the surrounding environment, and performs automatic control of the headlights accordingly, as stated by Hibino ([0037] via “The illumination control section 31 determines whether the luminance detected by the illuminance sensor 21 is lower than a determination value, which serves as a reference in determining whether to automatically switch on the headlight 10. The illumination control section 31, when determining that the detected luminance is lower than the determination value, switches on the headlight 10. On the other hand, the illumination control section 31, when determining that the detected luminance is not less than the determination value, switches off the headlight 10.”).
Regarding Claim 7, Mills teaches a driver assist method executed by a computer ([0050] via “In some embodiments, the VCS 100 can comprise a general purpose computer that is programmed with various programming instructions or modules stored in the data storage device 104 (e.g., electronic memory), or elsewhere.”), the driver assist method comprising:
collectively providing instructions of settings within a group, the settings being set to a plurality of driver assist functions included in the group ([0034] via “In embodiments, the information obtained by the vehicle sensors 108 may be provided to the processor 102 and/or the ADAS 114 to implement various types of driver assistance, including, for example, adaptive cruise control, traffic jam assist, parking assist, lane change assist, …, etc.”), ([0035] via “The human-machine interface (HMI) 112 (also referred to as a “user interface”) can be an ECU for enabling user interaction with the vehicle and for presenting vehicle information and other data to the vehicle operator in accordance with the techniques described herein, including those associated with the ADAS 114 and/or driver assistance module 126. The HMI 112 can comprise an instrument panel (IP) 128, one or more display screens 130 (e.g., media display screen, navigation display screen, infotainment display screen, etc.), a plurality of input devices 132, and various other devices for inputting, entering, receiving, capturing, displaying, or outputting data associated with the vehicle computing system 100, …, the advanced driver assistance system 114, ….”), ([0054] via “As shown in FIG. 1, the data storage device 104 may also store driver preferences information 138 entered by the vehicle operator (or user) using the HMI 112. The driver preferences information can include a user-selected level of lateral support or control to be applied when the automated driver assistance feature is active.”), the group being configured so that a driver assist function of a vehicle is allowed to be added to or deleted from the group ([0054] via “The driver preferences information can include a user-selected level of lateral support or control to be applied when the automated driver assistance feature is active. The user may select the level of lateral support using menu options presented by the HMI 112, for example, on the display of the instrument panel 128. For example, the menu options may include “no lateral support,” selection of which would prevent the ADAS 114 from providing any lateral control of the vehicle. The menu options may also include “Traffic Jam Assist,” selection of which causes the ADAS 114 to provide lateral control as dictated by the Traffic Jam Assist feature. The menu options may also include “Highway Assist,” selection of which causes the ADAS 114 to provide lateral control as dictated by the Highway Assist feature.”), ([0056] via “In some embodiments, the method 200
may begin at step 202, where the processor receives user selection of an option to automatically enable an automated driver assistance feature (also referred to herein as an “Automated Feature”). The user selection may be received via a user interface of the vehicle (e.g., HMI 112 shown in FIG. 1), for example, in response to presenting a menu option for enabling or disabling the Automated Feature.”).
Mills is silent on the plurality of driver assist functions including at least one driver assist function that activates based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle and configured to detect an illuminance ahead of the vehicle and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount.
However, Hibino teaches the plurality of driver assist functions including at least one driver assist function that activates ([0028] via “The headlight 10 has an automatic light control function of automatically performing switching between on and off state of the headlight 10 ….”) based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle ([0028] via “The headlight 10 has an automatic light control function of automatically performing switching between on and off state of the headlight 10
according to the luminance around the vehicle.”), ([0029] via “The illuminance sensor 21
detects the luminance around the vehicle. The illuminance sensor 21 … is disposed on a dashboard of the vehicle, or the like.”) and configured to detect an illuminance ahead of the vehicle ([0029] via “The illuminance sensor 21 detects the luminance around the vehicle.”) and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount ([0037] via “The illumination control section 31 determines whether the luminance detected by the illuminance sensor 21 is lower than a determination value, which serves as a reference in determining whether to automatically switch on the headlight 10. The illumination control section 31, when determining that the detected luminance is lower than the determination value, switches on the headlight 10.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Hibino wherein the plurality of driver assist functions including at least one driver assist function that activates based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle and configured to detect an illuminance ahead of the vehicle and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount. Doing so determines whether or not it is appropriate to turn on or off the headlights based on the light levels of the surrounding environment, and performs automatic control of the headlights accordingly, as stated by Hibino ([0037] via “The illumination control section 31 determines whether the luminance detected by the illuminance sensor 21 is lower than a determination value, which serves as a reference in determining whether to automatically switch on the headlight 10. The illumination control section 31, when determining that the detected luminance is lower than the determination value, switches on the headlight 10. On the other hand, the illumination control section 31, when determining that the detected luminance is not less than the determination value, switches off the headlight 10.”).
Regarding Claim 8, Mills teaches a non-transitory storage medium storing instructions ([0051] via “The data storage device 104 can comprise one or more of electronic memory, nonvolatile random access memory (e.g., RAM), … a hard disk drive, or other electronic device for storing, retrieving, reading, or writing data.”) that are executable by one or more processors ([0051] via “The data storage device 104 stores one or more software program modules or software instructions for execution by the data processor 102.”) and that cause the one or more processors to perform functions comprising:
collectively providing instructions of settings within a group, the settings being set to a plurality of driver assist functions included in the group ([0034] via “In embodiments, the information obtained by the vehicle sensors 108 may be provided to the processor 102
and/or the ADAS 114 to implement various types of driver assistance, including, for example, adaptive cruise control, traffic jam assist, parking assist, lane change assist, …, etc.”), ([0035] via “The human-machine interface (HMI) 112 (also referred to as a “user interface”) can be an ECU for enabling user interaction with the vehicle and for presenting vehicle information and other data to the vehicle operator in accordance with the techniques described herein, including those associated with the ADAS 114 and/or driver assistance module 126. The HMI 112 can comprise an instrument panel (IP) 128, one or more display screens 130 (e.g., media display screen, navigation display screen, infotainment display screen, etc.), a plurality of input devices 132, and various other devices for inputting, entering, receiving, capturing, displaying, or outputting data associated with the vehicle computing system 100, …, the advanced driver assistance system 114, ….”), ([0054] via “As shown in FIG. 1, the data storage device 104 may also store driver preferences information 138 entered by the vehicle operator (or user) using the HMI 112. The driver preferences information can include a user-selected level of lateral support or control to be applied when the automated driver assistance feature is active.”), and the group being configured so that a driver assist function of a vehicle is allowed to be added to or deleted from the group ([0054] via “The driver preferences information can include a user-selected level of lateral support or control to be applied when the automated driver assistance feature is active. The user may select the level of lateral support using menu options presented by the HMI 112, for example, on the display of the instrument panel 128. For example, the menu options may include “no lateral support,” selection of which would prevent the ADAS 114 from providing any lateral control of the vehicle. The menu options may also include “Traffic Jam Assist,” selection of which causes the ADAS 114 to provide lateral control as dictated by the Traffic Jam Assist feature. The menu options may also include “Highway Assist,” selection of which causes the ADAS 114 to provide lateral control as dictated by the Highway Assist feature.”), ([0056] via “In some embodiments, the method 200 may begin at step 202, where the processor receives user selection of an option to automatically enable an automated driver assistance feature (also referred to herein as an “Automated Feature”). The user selection may be received via a user interface of the vehicle (e.g., HMI 112 shown in FIG. 1), for example, in response to presenting a menu option for enabling or disabling the Automated Feature.”).
Mills is silent on the plurality of driver assist functions including at least one driver assist function that activates based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle and configured to detect an illuminance ahead of the vehicle and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount.
However, Hibino teaches the plurality of driver assist functions including at least one driver assist function that activates ([0028] via “The headlight 10 has an automatic light control function of automatically performing switching between on and off state of the headlight 10 ….”) based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle ([0028] via “The headlight 10 has an automatic light control function of automatically performing switching between on and off state of the headlight 10
according to the luminance around the vehicle.”), ([0029] via “The illuminance sensor 21
detects the luminance around the vehicle. The illuminance sensor 21 … is disposed on a dashboard of the vehicle, or the like.”) and configured to detect an illuminance ahead of the vehicle ([0029] via “The illuminance sensor 21 detects the luminance around the vehicle.”) and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount ([0037] via “The illumination control section 31 determines whether the luminance detected by the illuminance sensor 21 is lower than a determination value, which serves as a reference in determining whether to automatically switch on the headlight 10. The illumination control section 31, when determining that the detected luminance is lower than the determination value, switches on the headlight 10.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Hibino wherein the plurality of driver assist functions including at least one driver assist function that activates based on a detection result of a front camera of an illuminance detecting apparatus provided in the vehicle and configured to detect an illuminance ahead of the vehicle and determine that an amount of the illuminance received by the front camera of the illuminance detecting apparatus becomes less than a predetermined amount. Doing so determines whether or not it is appropriate to turn on or off the headlights based on the light levels of the surrounding environment, and performs automatic control of the headlights accordingly, as stated by Hibino ([0037] via “The illumination control section 31 determines whether the luminance detected by the illuminance sensor 21 is lower than a determination value, which serves as a reference in determining whether to automatically switch on the headlight 10. The illumination control section 31, when determining that the detected luminance is lower than the determination value, switches on the headlight 10. On the other hand, the illumination control section 31, when determining that the detected luminance is not less than the determination value, switches off the headlight 10.”).
11. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mills et al. (US 20180319402 A1 hereinafter Mills) in view of Hibino (US 20180194272 A1 hereinafter Hibino), and further in view of Andreetto et al. (US 12233895 B2 hereinafter Andreetto).
Regarding Claim 2, modified reference Mills teaches the driver assist apparatus according to claim 1, but is silent on wherein the plurality of driver assist functions includes at least one of the following functions: (i) a first function that switches a headlight of the vehicle between high beam and low beam based on a situation around the vehicle; (ii) a second function that controls light distribution of the headlight based on a situation around the vehicle; and (iii) a third function that turns on another light that illuminates an area ahead of the vehicle based on a state of the vehicle while the headlight is turned on.
However, Andreeto teaches wherein the plurality of driver assist functions includes at least one of the following functions: (i) a first function that switches a headlight of the vehicle between high beam and low beam based on a situation around the vehicle; (ii) a second function that controls light distribution of the headlight based on a situation around the vehicle; and (iii) a third function that turns on another light that illuminates an area ahead of the vehicle based on a state of the vehicle while the headlight is turned on (Col. 7 lines 7-18, where “In the normal driver assistance mode, the ECU 5 is programmed to: switch off the front and rear fog lights, enable manual or automatic switching on of the high beam headlights. enable automatic switching on of the low beam headlights based on the external light conditions detected by a twilight sensor of the motor-vehicle 2, interrupt any previous visual/acoustic/aptic warning of a low meteorological visibility to the driver, and remove any limitation to the user-settable cruise speed of n the CC or ACC.”), (Note: The Examiner interprets Andreetto to teach at least item (i).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Andreetto wherein the plurality of driver assist functions includes at least one of the following functions: (i) a first function that switches a headlight of the vehicle between high beam and low beam based on a situation around the vehicle; (ii) a second function that controls light distribution of the headlight based on a situation around the vehicle; and (iii) a third function that turns on another light that illuminates an area ahead of the vehicle based on a state of the vehicle while the headlight is turned on. Doing so incorporates a known driver assist function in the art that is able to provide an appropriate level of beam light from the vehicle based on the vehicle’s surroundings, as stated above by Andreetto.
12. Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mills et al. (US 20180319402 A1 hereinafter Mills) in view of Hibino (US 20180194272 A1 hereinafter Hibino), and further in view of Ike et al. (US 20210155232 A1 hereinafter Ike).
Regarding Claim 3, modified reference Mills teaches the driver assist apparatus according to claim 1, but is silent on wherein: the plurality of driver assist functions further includes a specific function that activates based on a recognition image acquired with the front camera configured to recognize an area around the vehicle; and the one or more processors are further configured to provide an instruction to change a timing of activation in the at least one driver assist function included in the specific function through the instructions.
However, Ike teaches wherein: the plurality of driver assist functions further includes a specific function that activates based on a recognition image acquired with the front camera configured to recognize an area around the vehicle ([0099] via “The front direction camera sensor 50 is arranged at an upper part of a front windshield and inside a cabin of the host vehicle, and is configured to take/capture an image (or image data, or a picture) of a scene/area in front of (or ahead of) the host vehicle. The front direction camera sensor 50 is configured to recognize … as well as a three dimensional object (or a 3D object) that is present in front of the host vehicle, based on the captured image, and to provide/transmit information on them (i.e., white line information, and 3D object information) to the driving assist ECU 10, every time a predetermined time elapses.”), ([0114] via “The collision determination section 11 determines whether or not the host vehicle is likely to collide with an 3D object that is present in front of (ahead of) the host vehicle, based on the front direction sensor information provided by the front direction sensor and the vehicle states detected by the vehicle states sensor 70. … The collision determination section 11
determines/regards the 3D object as an obstacle, when the collision determination section 11
determines that there is the probability of collision between the host vehicle and the 3D object. In this manner, it is said that the collision determination section 11 detects/recognizes the obstacle.”), ([0134] via “In view of the above, when the driving assist ECU 10 determines that the possibility (or the probability) of the collision between the host vehicle and the obstacle has reached the second stage …, the driving assist ECU 10 can perform an acceleration override control that is a control to give priority to (or prioritize) the acceleration operation of the driver over the automatic brake control to prohibit the automatic brake control.”); and
the one or more processors are further configured to provide an instruction to change a timing of activation in the at least one driver assist function included in the specific function through the instructions ([0134] via “In view of the above, when the driving assist ECU 10
determines that the possibility (or the probability) of the collision between the host vehicle and the obstacle has reached the second stage …, the driving assist ECU 10 can perform an acceleration override control that is a control to give priority to (or prioritize) the acceleration operation of the driver over the automatic brake control to prohibit the automatic brake control. This is implemented by an acceleration override control section 14 for executing the acceleration override control. Furthermore, when the driving assist ECU 10 determines that the possibility of the collision between the host vehicle and the obstacle has reached the second stage …, the driving assist ECU 10 can perform a steering override control to give priority to (or prioritize) the steering operation of the driver over the automatic brake control to prohibit the automatic brake control. This is implemented by a steering override control section 15 for executing the steering override control.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Ike wherein: the plurality of driver assist functions further includes a specific function that activates based on a recognition image acquired with the front camera configured to recognize an area around the vehicle; and the one or more processors are further configured to provide an instruction to change a timing of activation in the at least one driver assist function included in the specific function through the instructions. Doing so changes the settings of the driver assist functions in order to avoid a collision with the vehicle when one is predicted, as stated by Ike ([0138] via “Whereas, if the acceleration override control is performed when the driver has mistakenly pressed/operated the acceleration pedal strongly/rapidly despite that the driver intends to press/operate the brake pedal, the collision between the host vehicle and the obstacle may not be appropriately avoided. In view of this, the driving assist ECU 10 includes the mistaken pedal operation determination section 18 configured to determine whether or not the driver's mistaken pedal operation has occurred (i.e., whether or not the driver mistakenly operates/presses the acceleration pedal).”).
Regarding Claim 4, modified reference Mills teaches the driver assist apparatus according to claim 3, but is silent on wherein the one or more processors are further configured to advance the timing of activation of a fourth function as compared to the timing of activation in normal times, as the change of the timing of activation, and the fourth function assists in collision avoidance between the vehicle and an object.
However, Ike teaches wherein the one or more processors are further configured to advance the timing of activation of a fourth function as compared to the timing of activation in normal times, as the change of the timing of activation, and the fourth function assists in collision avoidance between the vehicle and an object ([0134] via “In view of the above, when the driving assist ECU 10 determines that the possibility (or the probability) of the collision between the host vehicle and the obstacle has reached the second stage …, the driving assist ECU 10 can perform an acceleration override control that is a control to give priority to (or prioritize) the acceleration operation of the driver over the automatic brake control to prohibit the automatic brake control. This is implemented by an acceleration override control section 14 for executing the acceleration override control. Furthermore, when the driving assist ECU 10 determines that the possibility of the collision between the host vehicle and the obstacle has reached the second stage …, the driving assist ECU 10 can perform a steering override control to give priority to (or prioritize) the steering operation of the driver over the automatic brake control to prohibit the automatic brake control. This is implemented by a steering override control section 15 for executing the steering override control.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Ike wherein the one or more processors are further configured to advance the timing of activation of a fourth function as compared to the timing of activation in normal times, as the change of the timing of activation, and the fourth function assists in collision avoidance between the vehicle and an object. Doing so changes the settings of the driver assist functions in order to avoid a collision with the vehicle when one is predicted, as stated by Ike ([0138] via “Whereas, if the acceleration override control is performed when the driver has mistakenly pressed/operated the acceleration pedal strongly/rapidly despite that the driver intends to press/operate the brake pedal, the collision between the host vehicle and the obstacle may not be appropriately avoided. In view of this, the driving assist ECU 10 includes the mistaken pedal operation determination section 18 configured to determine whether or not the driver's mistaken pedal operation has occurred (i.e., whether or not the driver mistakenly operates/presses the acceleration pedal).”).
13. Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mills et al. (US 20180319402 A1 hereinafter Mills) in view of Hibino (US 20180194272 A1 hereinafter Hibino), and further in view of Barrera (US 20240416949 A1 hereinafter Barrera).
Regarding Claim 5, modified reference Mills teaches the driver assist apparatus according to claim 1, but is silent on wherein: the plurality of driver assist functions further includes a predetermined function that activates based on a detection result of a radar sensor configured to detect an object approaching the vehicle; and the one or more processors are further configured to provide an instruction to change the timing of activation in the at least one driver assist function included in the predetermined function through the instructions.
However, Barrera teaches wherein: the plurality of driver assist functions further includes a predetermined function that activates based on a detection result of a radar sensor configured to detect an object approaching the vehicle ([0174] via “Sensors 206 are arranged in and/or around the vehicle to monitor properties of the vehicle and/or an environment in which the vehicle is located. … For example, the sensors 206 include … Radio Detection and Ranging System (radar), …. In the illustrated example, sensors 206 include the range-detection sensors that are configured to monitor object(s) located within a surrounding area of the vehicle.”), ([0189] via “To perform the driver-assistance features, the ADAS monitors objects (e.g., vehicles, pedestrians, traffic signals, etc.) and develops situational awareness around the vehicle. For example, the ADAS utilizes data collected by the sensors 206, the communication module 220-1 (e.g., from other vehicles, from roadside units, etc.), the communication module 220-2 from a remote server, and/or other sources to monitor the nearby objects and develop situational awareness.”); and
the one or more processors are further configured to provide an instruction to change the timing of activation in the at least one driver assist function included in the predetermined function through the instructions ([0163] via “But once the host vehicle is on the road, the safe distance for an icy day, safe distance being the distance between the host vehicle and the other vehicle before warning comes, is increased from that of a normal road surface condition. If the host vehicle is going on an uphill road in an icy condition, the safe distance is further increased. … If the distance between the vehicle in front of the host vehicle, and the host is starting to close in, because the vehicle in front of the host vehicle is losing traction and sliding down, then the host vehicle would provide an early warning and warns the host vehicle driver/system not to go forward. In an embodiment, the control system of the host vehicle, may suggest a corrective action (a collision avoidance action) to the driver of the host vehicle or take an autonomous action, to go backwards (reverse) or move over to the side and let the vehicle that is sliding down go without impacting the host vehicle.”), (Note: The Examiner interprets the warning for the host as the at least one driver assist function.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Barrera wherein: the plurality of driver assist functions further includes a predetermined function that activates based on a detection result of a radar sensor configured to detect an object approaching the vehicle; and the one or more processors are further configured to provide an instruction to change the timing of activation in the at least one driver assist function included in the predetermined function through the instructions. Certain environmental factors require different vehicle settings in order to safely operate, such as icy road surfaces require more buffer distance between the vehicle and surrounding vehicles in order to maintain a safe distance, and an earlier activation of the driver assist function takes into consideration such environmental factor differences, as stated above by Barrera in paragraph [0163].
Regarding Claim 6, modified reference Mills teaches the driver assist apparatus according to claim 5, but is silent on wherein the one or more processors are further configured to advance the timing of activation of a fifth function as compared to the timing of activation in normal times, as the change of the timing of activation, and the fifth function gives a warning to at least one of an occupant of the vehicle and the object.
However, Barrera teaches wherein the one or more processors are further configured to advance the timing of activation of a fifth function as compared to the timing of activation in normal times, as the change of the timing of activation, and the fifth function gives a warning to at least one of an occupant of the vehicle and the object ([0113] via “The term “alert” or “alert signal” refers to a communication to attract attention. An alert may include visual, tactile, audible alert, and a combination of these alerts to warn drivers or occupants.”), ([0163] via “But once the host vehicle is on the road, the safe distance for an icy day, safe distance being the distance between the host vehicle and the other vehicle before warning comes, is increased from that of a normal road surface condition. If the host vehicle is going on an uphill road in an icy condition, the safe distance is further increased. … If the distance between the vehicle in front of the host vehicle, and the host is starting to close in, because the vehicle in front of the host vehicle is losing traction and sliding down, then the host vehicle would provide an early warning and warns the host vehicle driver/system not to go forward. In an embodiment, the control system of the host vehicle, may suggest a corrective action (a collision avoidance action) to the driver of the host vehicle or take an autonomous action, to go backwards (reverse) or move over to the side and let the vehicle that is sliding down go without impacting the host vehicle.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Barrera wherein the one or more processors are further configured to advance the timing of activation of a fifth function as compared to the timing of activation in normal times, as the change of the timing of activation, and the fifth function gives a warning to at least one of an occupant of the vehicle and the object. Certain environmental factors require different vehicle settings in order to safely operate, such as icy road surfaces require more buffer distance between the vehicle and surrounding vehicles in order to maintain a safe distance, and an earlier activation of the driver assist function takes into consideration such environmental factor differences, as stated above by Barrera in paragraph [0163].
Examiner’s Note
14. The Examiner has cited particular paragraphs or columns and line numbers in the
references applied to the claims above for the convenience of the Applicant. Although the
specified citations are representative of the teachings of the art and are applied to specific
limitations within the individual claim, other passages and figures may apply as well. It is
respectfully requested of the Applicant in preparing responses, to fully consider the references
in their entirety as potentially teaching all or part of the claimed invention, as well as the
context of the passage as taught by the prior art or disclosed by the Examiner. See MPEP
2141.02 [R-07.2015] VI. A prior art reference must be considered in its entirety, i.e., as a whole,
including portions that would lead away from the claimed Invention. W.L. Gore & Associates,
Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851
(1984). See also MPEP §2123.
Conclusion
15. 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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/BYRON XAVIER KASPER/Examiner, Art Unit 3657
/ADAM R MOTT/Supervisory Patent Examiner, Art Unit 3657
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