DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because claim 14 is directed to a computer-readable storage medium which can encompass non-statutory transitory forms of signal transmission. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). The broadest reasonable interpretation of “computer-readable storage medium”, in light of the specification, could be interpreted by one of ordinary skill in the art encompasses transitory forms of signal transmission. The Examiner suggests amending the claims to specify that the computer readable medium is a non-transitory computer readable medium.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 6, and 8-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito (U.S. Patent Application Publication 2020/0276972).
Regarding claim 1, Ito teaches a vehicle driving assistance apparatus comprising an electronic control unit (Paragraph 0036 The vehicle 10 further includes a motor generator (MG) electronic control unit (ECU) 30, an electric vehicle (EV) ECU 31, an adaptive cruise control (ACC) ECU 32, a prediction ECU 33, a perimeter monitoring device 34, and a vehicle state amount sensor 35.) which selectively executes a first movement control (Paragraph 0041 As the traveling controls, the ACC ECU 32 executes… an adaptive cruise control (ACC) to control the traveling of the vehicle 10 such that the vehicle 10 follows the preceding vehicle traveling in front of the own vehicle 10.) and a second movement control as an automatic movement control of moving an own vehicle autonomously (Paragraph 0041 As the traveling controls, the ACC ECU 32 executes a cruise control (CC) to control the traveling of the vehicle 10 such that the vehicle 10 runs at a constant velocity...), wherein the first movement control is a control of moving the own vehicle autonomously by selectively executing a powering control of powering the own vehicle (Paragraph 0043 When the velocity Ve of the vehicle 10 reaches the lower limit velocity VL by decelerating the vehicle 10, the ACC ECU 32 executes an acceleration control to accelerate the vehicle 10.) and a coasting control of causing the own vehicle to coast (Paragraph 0044 When the vehicle velocity Vc reaches the upper limit velocity VH during acceleration of the vehicle 10, the ACC ECU 32 executes a coasting control to coast the vehicle 10 such that the vehicle 10 decelerates.) to maintain an own vehicle speed of the own vehicle within a set vehicle speed range including a set vehicle speed (Paragraph 0043 Specifically, the ACC ECU 32 sets a lower limit velocity VL lower than the set velocity Vset and an upper limit velocity VH higher than the set velocity as shown in FIG. 3, based on the set speed Vset of the occupant.) or maintain an inter-vehicle distance between the own vehicle and a preceding vehicle within a set inter-vehicle distance range including a set inter-vehicle distance (Paragraph 0062 The following performance of the own vehicle 10 to the i-th surrounding vehicle can be evaluated as shown in FIG. 5 by a deviation amount yi of the predicted position of the own vehicle 10 from an ideal traveling range A during a period of time from the present to a predetermined time later, where the ideal traveling range A is set to a range of ideal inter-vehicle distance in execution of the ACC control under the own vehicle 10 follows the preceding vehicle.), wherein the second movement control is a control of moving the own vehicle autonomously to maintain the own vehicle speed at the set vehicle speed (Paragraph 0042 As illustrated in FIG. 2, when the time headway THW is equal to or greater than a predetermined first time threshold Tt1l, that is, when there is a temporal leeway for the vehicle 10 to reach the preceding vehicle, the ACC ECU 32 executes the CC control. As the CC control, the ACC ECU 32 repeatedly accelerates and decelerates the vehicle 10. At that time, the ACC ECU 32 controls the acceleration and deceleration of the vehicle 10 such that the average velocity of the vehicle 10 reaches a velocity Vset set by the occupant through the operation unit.) or maintain the inter-vehicle distance at the set inter-vehicle distance, and (Paragraph 0041 As the traveling controls, the ACC ECU 32 executes a cruise control (CC) to control the traveling of the vehicle 10 such that the vehicle 10 runs at a constant velocity and an adaptive cruise control (ACC) to control the traveling of the vehicle 10 such that the vehicle 10 follows the preceding vehicle traveling in front of the own vehicle 10. In the present embodiment, the ACC control corresponds to a velocity control by which to control acceleration and deceleration of the own vehicle 10 such that the own vehicle 10 follows the preceding vehicle.) wherein the electronic control unit is configured to start the first movement control when a predetermined condition that a predetermined operation is performed by an operator of the own vehicle while the second movement control is being executed, becomes satisfied (Paragraph 0045 On the other hand, as illustrated in FIG. 2, when the time headway THW is equal to or longer than a second time threshold Th2 and is shorter than the first time threshold Tth1, the ACC ECU 32 executes the ACC control. As the ACC control, the ACC ECU 32 executes a burn-and-coast control to repeatedly accelerate and decelerate the vehicle 10 such that the own vehicle 10 runs following the preceding vehicle.).
Regarding claim 2, Ito teaches the system of claim 1 as set forth above. Ito further teaches wherein the electronic control unit is configured to start the first movement control by starting the coasting control when the predetermined condition becomes satisfied (Paragraph 0047 The ACC ECU 32 has a second velocity threshold Vth2 greater than the first velocity threshold Vth1. When the relative velocity Vr of the preceding velocity is within a range of the first velocity threshold Vth1 to the second velocity threshold Vth2, the ACC ECU 32 executes the coasting control described above.).
Regarding claim 3, Ito teaches the system of claim 1 as set forth above. Ito further teaches wherein the electronic control unit is configured to interrupt the first movement control and start the second movement control when an interruption condition becomes satisfied while the first movement control is being executed (Paragraph 0042 As illustrated in FIG. 2, when the time headway THW is equal to or greater than a predetermined first time threshold Tth1, that is, when there is a temporal leeway for the vehicle 10 to reach the preceding vehicle, the ACC ECU 32 executes the CC control. As the CC control, the ACC ECU 32 repeatedly accelerates and decelerates the vehicle 10. At that time, the ACC ECU 32 controls the acceleration and deceleration of the vehicle 10 such that the average velocity of the vehicle 10 reaches a velocity Vset set by the occupant through the operation unit.), and wherein the electronic control unit is configured to: when the own vehicle speed is smaller than the set vehicle speed or the inter-vehicle distance is greater than the set inter-vehicle distance at the time when the interruption condition becomes satisfied while the first movement control is being executed, interrupt the first movement control and start the second movement control by starting powering the own vehicle to increase the own vehicle speed or decrease the inter-vehicle distance (Paragraph 0048 When the relative velocity Vr of the preceding vehicle is equal to or higher than the second velocity threshold Vth2 and the time headway THW is a value which is within a range of the third time threshold Tth3 to the first time threshold Tth1, the ACC ECU 32 executes the acceleration control described above.); and in the situation where the second movement control is started by starting powering the own vehicle in response to the interruption condition becoming satisfied while the first movement control is being executed, start the first movement control by starting the coasting control when the predetermined condition becomes satisfied while powering the own vehicle (Paragraph 0047 The ACC ECU 32 has a second velocity threshold Vth2 greater than the first velocity threshold Vth1. When the relative velocity Vr of the preceding velocity is within a range of the first velocity threshold Vth1 to the second velocity threshold Vth2, the ACC ECU 32 executes the coasting control described above.).
Regarding claim 5, Ito teaches the system of claim 1 as set forth above. Ito further teaches wherein the electronic control unit is configured to, when the predetermined condition becomes satisfied while the first movement control is interrupted and the second movement control is being executed, start the first movement control by starting the powering control in the situation where the powering control was being executed immediately before the first movement control was interrupted (Paragraph 0048 When the relative velocity Vr of the preceding vehicle is equal to or higher than the second velocity threshold Vth2 and the time headway THW is a value which is within a range of the third time threshold Tth3 to the first time threshold Tth1, the ACC ECU 32 executes the acceleration control described above.), and start the first movement control by starting the coasting control in the situation where the coasting control was being executed immediately before the first movement control was interrupted (Paragraph 0047 The ACC ECU 32 has a second velocity threshold Vth2 greater than the first velocity threshold Vth1. When the relative velocity Vr of the preceding velocity is within a range of the first velocity threshold Vth1 to the second velocity threshold Vth2, the ACC ECU 32 executes the coasting control described above.).
Regarding claim 6, Ito teaches the system of claim 1 as set forth above. Ito further teaches wherein in the situation where the first movement control is a control of autonomously moving the own vehicle by selectively executing the powering control and the coasting control to maintain the own vehicle speed within the set vehicle speed range, the electronic control unit is configured to: start the first movement control by starting the powering control when an own vehicle speed upper limit reaching period of time is greater than an own vehicle speed lower limit reaching period of time at the time when the predetermined condition becomes satisfied (Paragraph 0043 As the acceleration control, the ACC ECU 32 transmits a preset positive acceleration command value to the EV ECU 31. Accordingly, the EV ECU 31 calculates a positive motive power command value corresponding to the acceleration command value and transmits this motive power command value to the MG ECU 30, whereby the vehicle 10 accelerates at predetermined acceleration.); and start the first movement control by starting the coasting control when the own vehicle speed lower limit reaching period of time is greater than the own vehicle speed upper limit reaching period of time at the time when the predetermined condition becomes satisfied (Paragraph 0044 When the vehicle velocity Vc reaches the upper limit velocity VH during acceleration of the vehicle 10, the ACC ECU 32 executes a coasting control to coast the vehicle 10 such that the vehicle 10 decelerates.), the own vehicle speed upper limit reaching period of time being the period of time required for the own vehicle speed to reach an upper limit value of the set vehicle speed range, and the own vehicle speed lower limit reaching period of time being the period of time required for the own vehicle speed to reach a lower limit value of the set vehicle speed range (Paragraph 0042 Specifically, the ACC ECU 32 calculates a time headway THW that is a time until the vehicle 10 reaches the preceding vehicle, based on the relative velocity and relative distance of the preceding vehicle to the vehicle 10. As illustrated in FIG. 2, when the time headway THW is equal to or greater than a predetermined first time threshold Tth1, that is, when there is a temporal leeway for the vehicle 10 to reach the preceding vehicle, the ACC ECU 32 executes the CC control. As the CC control, the ACC ECU 32 repeatedly accelerates and decelerates the vehicle 10. At that time, the ACC ECU 32 controls the acceleration and deceleration of the vehicle 10 such that the average velocity of the vehicle 10 reaches a velocity Vset set by the occupant through the operation unit.), and wherein in the situation where the first movement control is a control of autonomously moving the own vehicle by selectively executing the powering control and the coasting control to maintain the inter-vehicle distance within the set inter-vehicle distance range, the electronic control unit is configured to: start the first movement control by starting the powering control when an inter- vehicle distance lower limit reaching period of time is greater than an inter-vehicle distance upper limit reaching period of time at the time when the predetermined condition becomes satisfied (Paragraph 0048 When the relative velocity Vr of the preceding vehicle is equal to or higher than the second velocity threshold Vth2 and the time headway THW is a value which is within a range of the third time threshold Tth3 to the first time threshold Tth1, the ACC ECU 32 executes the acceleration control described above.); and start the first movement control by starting the coasting control when the inter- vehicle distance upper limit reaching period of time is greater than the inter-vehicle distance lower limit reaching period of time at the time when the predetermined condition becomes satisfied (Paragraph 0047 Accordingly, even when the relative velocity Vr of the preceding vehicle is equal to or higher than the second velocity threshold Vth2 and the time headway THW is a value which is within a range of the second time threshold Tth2 to the third time threshold Tth3, the ACC ECU 32 executes the coasting control.), the inter-vehicle distance lower limit reaching period of time being the period of time required for the inter-vehicle distance to reach a lower limit value of the set inter-vehicle distance range, and the inter-vehicle distance upper limit reaching period of time being is the period of time required for the inter-vehicle distance to reach an upper limit value of the set inter-vehicle distance range (Paragraph 0045 On the other hand, as illustrated in FIG. 2, when the time headway THW is equal to or longer than a second time threshold Th2 and is shorter than the first time threshold Tth1, the ACC ECU 32 executes the ACC control. As the ACC control, the ACC ECU 32 executes a burn-and-coast control to repeatedly accelerate and decelerate the vehicle 10 such that the own vehicle 10 runs following the preceding vehicle.).
Regarding claim 8, Ito teaches the system of claim 1 as set forth above. Ito further teaches wherein the electronic control unit is configured not to start the first movement control when an interruption condition is satisfied when the predetermined condition becomes satisfied (Paragraph 0046 Specifically, when the relative velocity Vr of the preceding vehicle is lower than the predetermined first velocity threshold Vth1, that is, when the own vehicle 10 is rapidly approaching the preceding vehicle, the ACC ECU 32 performs regenerative control. As the regenerative control, the ACC ECU 32 transmits a negative acceleration command value to the EV ECU 31.).
Regarding claim 9, Ito teaches the system of claim 8 as set forth above. Ito further teaches wherein the interruption condition is a condition that the execution of the coasting control needs to be prohibited (Paragraph 0046 When the motor generator 20 performs regenerative power generation, a braking force is applied to the wheel 28 of the vehicle 10 by regenerative energy thereof. Thus, the vehicle 10 can be decelerated more quickly than in the case where the vehicle 10 is caused to coast. This widens the inter-vehicle distance between the vehicle 10 and the preceding vehicle.).
Regarding claim 10, Ito teaches the system of claim 1 as set forth above. Ito further teaches wherein the electronic control unit is configured to interrupt the first movement control and start the second movement control when the interruption condition becomes satisfied while the first movement control is being executed, wherein the interruption condition includes a first interruption condition that a distance between the own vehicle and a following vehicle is equal to or less than a first threshold distance (Paragraph 0046 Specifically, when the relative velocity Vr of the preceding vehicle is lower than the predetermined first velocity threshold Vth1, that is, when the own vehicle 10 is rapidly approaching the preceding vehicle, the ACC ECU 32 performs regenerative control. As the regenerative control, the ACC ECU 32 transmits a negative acceleration command value to the EV ECU 31.), and a second interruption condition that the distance between the own vehicle and the following vehicle is equal to or less than a second threshold distance and is greater than the first threshold distance, the second threshold distance being greater than the first threshold distance (Paragraph 0045 On the other hand, as illustrated in FIG. 2, when the time headway THW is equal to or longer than a second time threshold Th2 and is shorter than the first time threshold Tth1, the ACC ECU 32 executes the ACC control.), wherein the electronic control unit is configured to: in the situation where the first interruption condition is satisfied, not start the first movement control even when the predetermined condition becomes satisfied while the second movement control is being executed (Paragraph 0046 Specifically, when the relative velocity Vr of the preceding vehicle is lower than the predetermined first velocity threshold Vth1, that is, when the own vehicle 10 is rapidly approaching the preceding vehicle, the ACC ECU 32 performs regenerative control. As the regenerative control, the ACC ECU 32 transmits a negative acceleration command value to the EV ECU 31. Accordingly, the EV ECU 31 calculates a negative motive power command value corresponding to the acceleration command value, and transmits this motive power command value to the MG ECU 30, whereby the motor generator 20 performs regenerative power generation. When the motor generator 20 performs regenerative power generation, a braking force is applied to the wheel 28 of the vehicle 10 by regenerative energy thereof. Thus, the vehicle 10 can be decelerated more quickly than in the case where the vehicle 10 is caused to coast.); and in the situation where the second interruption condition is satisfied, start the first movement control when the predetermined condition becomes satisfied while the second movement control is being executed (Paragraph 0045 On the other hand, as illustrated in FIG. 2, when the time headway THW is equal to or longer than a second time threshold Th2 and is shorter than the first time threshold Tth1, the ACC ECU 32 executes the ACC control.).
Regarding claim 11, Ito teaches the system of claim 10 as set forth above. Ito further teaches wherein the electronic control unit is configured to interrupt the first movement control and start the second movement control at the time when the second interruption condition becomes satisfied in the situation where the powering control of the first movement control is being executed (Paragraph 0050 If the preceding vehicle suddenly decelerates while the ACC ECU 32 executes the acceleration control as the CC control or the ACC control, the time headway THW and the relative velocity Vr may sharply decrease. Accordingly, when the ACC ECU 32 executes the regenerative control to generate a braking force on the wheel 28, part of the kinetic energy of the vehicle 10 can be recovered as electric energy in the battery 22 by the regenerative control.).
Regarding claim 12, Ito teaches the system of claim 11 as set forth above. Ito further teaches wherein the electronic control unit is configured to: not interrupt the first movement control even when the second interruption condition becomes satisfied in the situation where the coasting control of the first movement control is being executed (Paragraph 0083 The prediction ECU 33 calculates the second set value a2 of the acceleration command value with which the vehicle 10 can be subjected to the coasting control. Accordingly, the ACC ECU 32 executes the coasting control to coast the own vehicle 10 in a state where the output from the motor generator 20 does not transfer to the wheels of the vehicle 10.); and interrupt the first movement control and start the second movement control at the time when the coasting control of the first movement control is switched to the powering control of the first movement control (Paragraph 0050 If the preceding vehicle suddenly decelerates while the ACC ECU 32 executes the acceleration control as the CC control or the ACC control, the time headway THW and the relative velocity Vr may sharply decrease. Accordingly, when the ACC ECU 32 executes the regenerative control to generate a braking force on the wheel 28, part of the kinetic energy of the vehicle 10 can be recovered as electric energy in the battery 22 by the regenerative control.).
Regarding claims 13 and 14, the claims are commensurate in scope with claim 1 with the exception that claims 13 and 14 are directed to a method and a computer-readable storage medium respectively. Therefore, the same prior art can be applied to claims 13 and 14 as was applied to claim 1.
Claim Rejections - 35 USC § 103
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.
Claim(s) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito in view of Tang (U.S. Patent Application Publication 2024/0051533).
Regarding claim 4, Ito teaches the system of claim 1 as set forth above. However, Ito does not teach wherein the electronic control unit is configured to interrupt the first movement control when the interruption condition becomes satisfied while the first movement control is being executed, set the own vehicle speed at the time when the interruption condition becomes satisfied as the set vehicle speed, or set the inter-vehicle distance at the time when the first movement control is interrupted as the set inter-vehicle distance, and start the second movement control.
Tang, in the same field of endeavor, teaches an adaptive cruise control system for a vehicle. The system interrupts the adaptive cruise control mode and enters a cruise control mode when a lead vehicle accelerates away and sets the target speed to the current speed when the lead vehicle pulls away (Paragraph 0103 As described, method 600 maintains a distance that avoid the vehicle from entering vehicle following mode while following the lead vehicle. While reducing speed to meet this new speed limit, the method 600 further recuperates energy while reducing speed to maintain a safe distance from the lead vehicle. In response to the lead vehicle pulling away, at 614, the method 600 returns to operating the vehicle according to the target speed.).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to have modified Ito with the teachings of Tang which teaches interrupting the adaptive cruise control mode and entering a cruise control mode when a lead vehicle accelerates away and setting the target speed to the current speed when the lead vehicle pulls away in order to allow the vehicle to operate at the set target speed when no leading vehicle is present (See Tang Paragraph 0103 In response to the lead vehicle pulling away, at 614, the method 600 returns to operating the vehicle according to the target speed.).
Regarding claim 7, Ito teaches the system of claim 1 as set forth above. However, Ito does not teach wherein the predetermined operation is an operation to increase or decrease the set vehicle speed or an operation to increase or decrease the set inter-vehicle distance, wherein the electronic control unit is configured to: start the first movement control by starting the powering control when the predetermined condition becomes satisfied in response to the predetermined operation to increase the set vehicle speed or to decrease the set inter-vehicle distance being performed while the second movement control is being executed; and start the first movement control by starting the coasting control when the predetermined condition becomes satisfied in response to the predetermined operation to decrease the set vehicle speed or to increase the set inter-vehicle distance being performed while the second movement control is being executed.
Tang, in the same field of endeavor, teaches an adaptive cruise control system for a vehicle. The system responds to a request to increase the cruise control speed with an increase in engine torque and responds to a request to decrease the cruise control speed with a decrease in engine torque (Paragraph 0058 The torque controller 110 selectively controls the propulsion system 120 and/or the other vehicle propulsion systems using the torque demand to achieve the desired vehicle speed. The driver may increase or decrease the desired vehicle speed by actuating additional switches of the HMI controls 104. The VPC 102 may adjust the torque demand to achieve the increase or decrease in the desired vehicle speed.).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to have modified Ito with the teachings of Tang which teaches responding to a request to increase the cruise control speed with an increase in engine torque and responding to a request to decrease the cruise control speed with a decrease in engine torque in order to match the change in demand for vehicle speed (See Tang Paragraph 0058 The VPC 102 may adjust the torque demand to achieve the increase or decrease in the desired vehicle speed.).
Conclusion
The prior art made of the record and not relied upon is considered pertinent to
applicant’s disclosure.
SONODA – U.S. Patent Application Publication 2011/0066350
TASHIRO – U.S. Patent Application Publication 2019/0168732
MIYAGAWA – U.S. Patent Application Publication 2020/0240342
MIYAGAWA – U.S. Patent Application Publication 2020/0298890
Lahti – U.S. Patent Application Publication 2021/0213948
Dickson – U.S. Patent Application Publication 2023/0150502
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D MOHL whose telephone number is (571)272-8987. The examiner can normally be reached M-Th 6:00AM-4:00PM.
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/PATRICK DANIEL MOHL/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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