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 .
This is a Non-Final Action on the Merits. Claims 1-3 are currently pending and are addressed below.
Specification
The title of the invention, “VEHICLE” is not descriptive and could apply to nearly all inventions submitted to the Examiners Art Unit. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is not required but merely suggested as a possibility: “VEHICLE CONTROL BASED ON DETERMINATION OF VEHICLE TRAVEL DATA ”.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 12th, 2025 has been considered and entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a group data obtainer configured to obtain” in at least claim 1
“a travel data obtainer configured to acquire” in at least claim 1
“a determiner configured to make” in at least claim 1
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The published specification provides a corresponding structure for the claimed limitations in at least paragraph 28.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-3 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, and similarly claim 3, recites, “a driver who drivers the first vehicle and a driver who drives a particular vehicle”. It is unclear as to whether the driver who drives the first vehicle is the same driver who drives the particular vehicle or if the driver who drives the first vehicle is a different driver than the driver who drives the particular vehicle.
Claim 2 is rejected to its dependence on rejected independent claim 1.
Claim 1, and similarly claim 3, recites, “preform a control adapted to secure … perform a control to notify”. It is unclear as to whether the control adapted to secure is the same control to notify or whether the control adapted to secure is a different control than the control to notify.
Claim 2 is rejected to its dependence on rejected independent claim 1.
Contingent Limitation
Claims 1 and 3 contain conditional limitations:
Claim 1: “the group data being generated when mutual authentication is established …”
Claim 3: “the group data being generated when mutual authentication is established …”
The broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitations (1)-(2) as noted above is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Tokimasa (JP 2011170555 A) (“Tokimasa”) (Translation Attached) in view of Maruyama (US 20240326803 A1) (“Maruyama”) in view of Yano (JP 2022156760 A) (“Yano”) (Translation Attached).
With respect to claim 1, it is important to note per the conditional limitation section above, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitation (1) as noted above, such as a group data obtainer, is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
With respect to claim 1, Tokimasa teaches a vehicle comprising:
a group data obtainer configured to acquire group data unique to the vehicle, the vehicle comprising a first vehicle, the group data being generated when mutual authentication is established between a driver who drives the first vehicle and a driver who drives a particular vehicle, the first vehicle and the particular vehicle being associated with each other in the group data (See at least Tokimasa FIG. 4 and Paragraphs 40-43 “In FIG. 4, first, in step S100, autonomous sensor information is acquired. In subsequent step S102, the wireless information of the other vehicle is received. As described above, this wireless information includes the travel plan, acceleration / deceleration information (detected value), and identification code of the vehicle that transmitted the wireless information. The subsequent step S104 is a process corresponding to the own vehicle information transmitting means, and the wireless information of the own vehicle is broadcast from the wireless device 30. As described above, the wireless information includes the travel plan of the host vehicle, acceleration / deceleration information of the host vehicle based on the detection value of the behavior information sensor 40, and the identification code of the host vehicle. Note that the travel plan is created based on the travel plan of the leading vehicle included in the wireless information acquired in step S102 and the autonomous sensor information acquired in step S100. The subsequent step 106 is processing corresponding to the tail determining means, and determines whether or not the host vehicle is the tail of the vehicle group. This determination is made based on the autonomous sensor information acquired in step S100, and if there is no other vehicle within a predetermined distance behind the host vehicle, it is determined that it is the tail end. When it is determined that it is the tail end, the process proceeds to step S108, and when it is determined that it is not the tail end, the process proceeds to step S112. Step S108 corresponds to the immediately preceding vehicle acceleration / deceleration information determining unit and the last start point number information determining unit in the claims. In this step S108, a plurality of acceleration / deceleration information included in the wireless information from the plurality of vehicles acquired in step S102, and the acceleration / deceleration information of the immediately preceding vehicle determined based on the autonomous sensor information acquired in step S100, And the acceleration / deceleration information included in the wireless information that most closely matches the acceleration / deceleration information determined based on the autonomous sensor information is the acceleration / deceleration information of the second vehicle from the tail. decide.”);
a travel data obtainer configured to acquire travel data; a determiner configured to make a determination, based on the group data, as to whether the travel data has been acquired from the particular vehicle (See at least Tokimasa Paragraph 46 “If step S112 is affirmative, the process proceeds to step S114. In step S114, in the same manner as in step S108, the acceleration / deceleration information of the immediately preceding vehicle is specified, and the wireless information including the acceleration / deceleration information is specified. This step S114 also corresponds to the immediately preceding vehicle acceleration / deceleration information determining means.” | Paragraph 55 “As described above, when the leading vehicle acquires the traffic signal information from the beacon 90, the leading vehicle determines whether to pass or stop the traffic signal, and determines a travel plan based on the determination. However, the head vehicle cannot always receive the traffic signal information from the beacon. Therefore, when the traffic signal information cannot be received from the beacon, the leading vehicle acquires the traffic signal information that the following vehicle has received from the beacon by inter-vehicle communication indicated by the arrow E. And the travel plan to a traffic signal is determined based on the traffic signal information received from the following vehicle.”); and
Tokimasa, however, fails to explicitly disclose that the travel data comprises at least data on activation of an occupant protection system from one or more second vehicles comprising the particular vehicle; a control processor configured to perform a control of the first vehicle based on a result of the determination of the determiner and the travel data, wherein the control processor is configured to perform a control adapted to secure safety of an occupant of the first vehicle, based on the travel data when the determiner makes a determination that the travel data has been acquired from the particular vehicle, and perform a control to notify the driver who drives the first vehicle of the travel data when the determiner makes a determination that the travel data has been acquired from a vehicle other than the particular vehicle.
Maruyama teaches that the travel data comprises at least data on activation of an occupant protection system from one or more second vehicles comprising the particular vehicle (See at least Maruyama FIG. 2 and Paragraph 40 “As illustrated in FIG. 2 , examples of the travel information that the information acquisitor 15 acquires from the preceding vehicle include vehicle identification information, travel location information, vehicle speed information, a safety device operation status, and a wiper/light operation status. The safety device operation status is, for example, an operation status of ADAS functions such as anti-skid function.”);
a control processor configured to perform a control of the first vehicle based on a result of the determination of the determiner and the travel data, wherein the control processor is configured to perform a control adapted to secure safety of an occupant of the first vehicle, based on the travel data when the determiner makes a determination that the travel data has been acquired from the particular vehicle (See at least Maruyama FIG. 3 and Paragraphs 68-71 “When the processor 10 checks the identification results of the danger zone stored in the memory 20 and determines that the danger zone has been detected by the danger zone identifier 13 (“YES” in step S140), the process moves to step S150. The information acquisitor 15 acquires the travel information and the road surface information from the preceding vehicle traveling ahead on the travel route when traveling in the danger zone (step S150), and the process moves to step S160. The speed determiner 16 determines the safe-travel speed at which the vehicle can travel in the danger zone safely based on the travel information and the road surface information acquired in step S150 (step S160), and the process moves to step S170. The speed controller 17 controls the travel speed of the vehicle in the danger zone based on the safe-travel speed determined in step S160 (step S170), and the process is terminated.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Tokimasa to include that the travel data comprises at least data on activation of an occupant protection system from one or more second vehicles comprising the particular vehicle; a control processor configured to perform a control of the first vehicle based on a result of the determination of the determiner and the travel data, wherein the control processor is configured to perform a control adapted to secure safety of an occupant of the first vehicle, based on the travel data when the determiner makes a determination that the travel data has been acquired from the particular vehicle, as taught by Maruyama as disclosed above, in order to ensure safe movement of the vehicle (Maruyama Paragraph 15 “It is desirable to provide a driver assistance device configured to perform a highly accurate speed control based on travel information of a preceding vehicle and road surface information.”).
Tokimasa in view of Maruyama, however, fail to explicitly disclose that the control processor is configured to perform a control to notify the driver who drives the first vehicle of the travel data when the determiner makes a determination that the travel data has been acquired from a vehicle other than the particular vehicle.
Yano teaches that the control processor is configured to perform a control to notify the driver who drives the first vehicle of the travel data when the determiner makes a determination that the travel data has been acquired from a vehicle other than the particular vehicle (See at least Yano FIG. 6 and Paragraph 60-64 “Further, when the information analysis unit 22 receives the notification from the forward vehicle CF (YES in step SP31), the information analysis unit 22 registers the information in the in-vehicle information database T10 (step SP32). The information analysis unit 22 obtains the distance between the vehicle C and the dangerous event by adding the distance between the vehicle C and the forward vehicle CF to the distance to the dangerous event included in the information, and calculates the distance between the vehicle C and the dangerous event. is registered in the in-vehicle information database T10. If the information analysis unit 22 has not received the notification from the forward vehicle CF (NO in step SP31), the process proceeds to step SP13. Next, the priority calculator 23 calculates the priority of each dangerous event registered in the in-vehicle information database T10 (step SP13). Then, the priority calculation unit 23 rearranges the dangerous events in the in-vehicle information database T10 in descending order of priority to generate the in-vehicle information database T11 (step SP13). The information generator 24 determines whether or not there is data indicating that the direction of the dangerous event is "forward" in the in-vehicle information database T10 (step SP14). If there is data indicating that the direction is "forward" (YES in step SP14), the information transmission unit 32 transmits the data to the rear vehicle CB (step SP23). In step SP23, if there are multiple pieces of data whose direction is "forward", the information transmitting unit 32 may transmit the data in descending order of priority. Also, the information transmitting unit 32 may transmit all of the plurality of data at the same time. Next, the information providing device 1 advances the process to step SP15. It should be noted that even if the data does not exist in step SP14 (NO in step SP14), the information providing device 1 advances the process to step SP15. The information generator 24 determines whether or not there is data in the in-vehicle information database T10 that indicates that the direction of the dangerous event is "backward" (step SP15). If there is data indicating that the direction is "backward" (YES in step SP15), the information transmitting unit 32 transmits the data to the forward vehicle CF (step SP33). In step SP33, if there are multiple pieces of data whose direction is "backward", the information transmitting unit 32 may transmit the data in descending order of priority. Also, the information transmitting unit 32 may transmit all of the plurality of data at the same time. Next, the information providing device 1 advances the process to step SP16. Note that even if the data does not exist in step SP15, the information providing apparatus 1 advances the process to step SP16. Next, the driver information providing section 40 issues a warning to the inside of the vehicle (step SP16). This completes the series of processes shown in FIG.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Tokimasa in view of Maruyama to include that the control processor is configured to perform a control to notify the driver who drives the first vehicle of the travel data when the determiner makes a determination that the travel data has been acquired from a vehicle other than the particular vehicle, as taught by Yano as disclosed above, in order to ensure safe operation of the vehicle (Yano Paragraph 6 “The present invention has been made in view of such circumstances, and an object of the present invention is to allow a driver to appropriately recognize a dangerous event and drive a vehicle safely.”).
The conditional limitations carried out in claim 1 are performed by a group data obtainer (Spec. FIG. 4, 111 “Group Data Obtainer”). Tokimasa in view Maruyama in view of Yano disclose the same structure (See at least Tokimasa FIG. 4 and Paragraphs 40-43 “In FIG. 4, first, in step S100, autonomous sensor information is acquired. In subsequent step S102, the wireless information of the other vehicle is received. As described above, this wireless information includes the travel plan, acceleration / deceleration information (detected value), and identification code of the vehicle that transmitted the wireless information. The subsequent step S104 is a process corresponding to the own vehicle information transmitting means, and the wireless information of the own vehicle is broadcast from the wireless device 30. As described above, the wireless information includes the travel plan of the host vehicle, acceleration / deceleration information of the host vehicle based on the detection value of the behavior information sensor 40, and the identification code of the host vehicle. Note that the travel plan is created based on the travel plan of the leading vehicle included in the wireless information acquired in step S102 and the autonomous sensor information acquired in step S100. The subsequent step 106 is processing corresponding to the tail determining means, and determines whether or not the host vehicle is the tail of the vehicle group. This determination is made based on the autonomous sensor information acquired in step S100, and if there is no other vehicle within a predetermined distance behind the host vehicle, it is determined that it is the tail end. When it is determined that it is the tail end, the process proceeds to step S108, and when it is determined that it is not the tail end, the process proceeds to step S112. Step S108 corresponds to the immediately preceding vehicle acceleration / deceleration information determining unit and the last start point number information determining unit in the claims. In this step S108, a plurality of acceleration / deceleration information included in the wireless information from the plurality of vehicles acquired in step S102, and the acceleration / deceleration information of the immediately preceding vehicle determined based on the autonomous sensor information acquired in step S100, And the acceleration / deceleration information included in the wireless information that most closely matches the acceleration / deceleration information determined based on the autonomous sensor information is the acceleration / deceleration information of the second vehicle from the tail. decide.”) such that Tokimasa in view Maruyama in view of Yano disclose a structure capable of performing limitation (1).
With respect to claim 2, Tokimasa in view of Maruyama in view of Yano teach that the travel data comprises at least data on activation of autonomous emergency braking (See at least Maruyama Paragraph 40 “As illustrated in FIG. 2 , examples of the travel information that the information acquisitor 15 acquires from the preceding vehicle include vehicle identification information, travel location information, vehicle speed information, a safety device operation status, and a wiper/light operation status. The safety device operation status is, for example, an operation status of ADAS functions such as anti-skid function.”).
With respect to claim 3, it is important to note per the conditional limitation section above, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, only requires structure for performing the function should the condition occur. See MPEP 2111.04, II. Accordingly, a structure capable of performing limitation (2) as noted above, such as a group data obtainer, is sufficient to disclose this limitation. See MPEP 2114. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
With respect to claim 3, Tokimasa teaches a vehicle comprising one or more processors; and
one or more memories communicably coupled to the one or more processors, wherein the one or more processors are configured to:
acquire group data unique to the vehicle, the vehicle comprising a first vehicle, the group data being generated when mutual authentication is established between a driver who drives the first vehicle and a driver who drives a particular vehicle, the first vehicle and the particular vehicle being associated with each other in the group data (See at least Tokimasa FIG. 4 and Paragraphs 40-43 “In FIG. 4, first, in step S100, autonomous sensor information is acquired. In subsequent step S102, the wireless information of the other vehicle is received. As described above, this wireless information includes the travel plan, acceleration / deceleration information (detected value), and identification code of the vehicle that transmitted the wireless information. The subsequent step S104 is a process corresponding to the own vehicle information transmitting means, and the wireless information of the own vehicle is broadcast from the wireless device 30. As described above, the wireless information includes the travel plan of the host vehicle, acceleration / deceleration information of the host vehicle based on the detection value of the behavior information sensor 40, and the identification code of the host vehicle. Note that the travel plan is created based on the travel plan of the leading vehicle included in the wireless information acquired in step S102 and the autonomous sensor information acquired in step S100. The subsequent step 106 is processing corresponding to the tail determining means, and determines whether or not the host vehicle is the tail of the vehicle group. This determination is made based on the autonomous sensor information acquired in step S100, and if there is no other vehicle within a predetermined distance behind the host vehicle, it is determined that it is the tail end. When it is determined that it is the tail end, the process proceeds to step S108, and when it is determined that it is not the tail end, the process proceeds to step S112. Step S108 corresponds to the immediately preceding vehicle acceleration / deceleration information determining unit and the last start point number information determining unit in the claims. In this step S108, a plurality of acceleration / deceleration information included in the wireless information from the plurality of vehicles acquired in step S102, and the acceleration / deceleration information of the immediately preceding vehicle determined based on the autonomous sensor information acquired in step S100, And the acceleration / deceleration information included in the wireless information that most closely matches the acceleration / deceleration information determined based on the autonomous sensor information is the acceleration / deceleration information of the second vehicle from the tail. decide.”);
acquire travel data; make a determination, based on the group data, as to whether the travel data has been acquired from the particular vehicle; (See at least Tokimasa Paragraph 46 “If step S112 is affirmative, the process proceeds to step S114. In step S114, in the same manner as in step S108, the acceleration / deceleration information of the immediately preceding vehicle is specified, and the wireless information including the acceleration / deceleration information is specified. This step S114 also corresponds to the immediately preceding vehicle acceleration / deceleration information determining means.” | Paragraph 55 “As described above, when the leading vehicle acquires the traffic signal information from the beacon 90, the leading vehicle determines whether to pass or stop the traffic signal, and determines a travel plan based on the determination. However, the head vehicle cannot always receive the traffic signal information from the beacon. Therefore, when the traffic signal information cannot be received from the beacon, the leading vehicle acquires the traffic signal information that the following vehicle has received from the beacon by inter-vehicle communication indicated by the arrow E. And the travel plan to a traffic signal is determined based on the traffic signal information received from the following vehicle.”); and
Tokimasa, however, fails to explicitly disclose that the travel data comprises at least data on activation of an occupant protection system from one or more second vehicles comprising the particular vehicle; perform a control of the first vehicle based on a result of the determination and the travel data; perform a control adapted to secure safety of an occupant of the first vehicle, based on the travel data when making a determination that the travel data has been acquired from the particular vehicle; and perform a control to notify the driver who drives the first vehicle of the travel data when making a determination that the travel data has been acquired from a vehicle other than the particular vehicle.
Maruyama teaches that the travel data comprises at least data on activation of an occupant protection system from one or more second vehicles comprising the particular vehicle (See at least Maruyama FIG. 2 and Paragraph 40 “As illustrated in FIG. 2 , examples of the travel information that the information acquisitor 15 acquires from the preceding vehicle include vehicle identification information, travel location information, vehicle speed information, a safety device operation status, and a wiper/light operation status. The safety device operation status is, for example, an operation status of ADAS functions such as anti-skid function.”);
perform a control of the first vehicle based on a result of the determination and the travel data; perform a control adapted to secure safety of an occupant of the first vehicle, based on the travel data when making a determination that the travel data has been acquired from the particular vehicle (See at least Maruyama FIG. 3 and Paragraphs 68-71 “When the processor 10 checks the identification results of the danger zone stored in the memory 20 and determines that the danger zone has been detected by the danger zone identifier 13 (“YES” in step S140), the process moves to step S150. The information acquisitor 15 acquires the travel information and the road surface information from the preceding vehicle traveling ahead on the travel route when traveling in the danger zone (step S150), and the process moves to step S160. The speed determiner 16 determines the safe-travel speed at which the vehicle can travel in the danger zone safely based on the travel information and the road surface information acquired in step S150 (step S160), and the process moves to step S170. The speed controller 17 controls the travel speed of the vehicle in the danger zone based on the safe-travel speed determined in step S160 (step S170), and the process is terminated.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Tokimasa to include that the travel data comprises at least data on activation of an occupant protection system from one or more second vehicles comprising the particular vehicle; perform a control of the first vehicle based on a result of the determination and the travel data; perform a control adapted to secure safety of an occupant of the first vehicle, based on the travel data when making a determination that the travel data has been acquired from the particular vehicle, as taught by Maruyama as disclosed above, in order to ensure safe movement of the vehicle (Maruyama Paragraph 15 “It is desirable to provide a driver assistance device configured to perform a highly accurate speed control based on travel information of a preceding vehicle and road surface information.”).
Tokimasa in view of Maruyama, however, fail to explicitly disclose to perform a control to notify the driver who drives the first vehicle of the travel data when making a determination that the travel data has been acquired from a vehicle other than the particular vehicle.
Yano teaches to perform a control to notify the driver who drives the first vehicle of the travel data when making a determination that the travel data has been acquired from a vehicle other than the particular vehicle (See at least Yano FIG. 6 and Paragraph 60-64 “Further, when the information analysis unit 22 receives the notification from the forward vehicle CF (YES in step SP31), the information analysis unit 22 registers the information in the in-vehicle information database T10 (step SP32). The information analysis unit 22 obtains the distance between the vehicle C and the dangerous event by adding the distance between the vehicle C and the forward vehicle CF to the distance to the dangerous event included in the information, and calculates the distance between the vehicle C and the dangerous event. is registered in the in-vehicle information database T10. If the information analysis unit 22 has not received the notification from the forward vehicle CF (NO in step SP31), the process proceeds to step SP13. Next, the priority calculator 23 calculates the priority of each dangerous event registered in the in-vehicle information database T10 (step SP13). Then, the priority calculation unit 23 rearranges the dangerous events in the in-vehicle information database T10 in descending order of priority to generate the in-vehicle information database T11 (step SP13). The information generator 24 determines whether or not there is data indicating that the direction of the dangerous event is "forward" in the in-vehicle information database T10 (step SP14). If there is data indicating that the direction is "forward" (YES in step SP14), the information transmission unit 32 transmits the data to the rear vehicle CB (step SP23). In step SP23, if there are multiple pieces of data whose direction is "forward", the information transmitting unit 32 may transmit the data in descending order of priority. Also, the information transmitting unit 32 may transmit all of the plurality of data at the same time. Next, the information providing device 1 advances the process to step SP15. It should be noted that even if the data does not exist in step SP14 (NO in step SP14), the information providing device 1 advances the process to step SP15. The information generator 24 determines whether or not there is data in the in-vehicle information database T10 that indicates that the direction of the dangerous event is "backward" (step SP15). If there is data indicating that the direction is "backward" (YES in step SP15), the information transmitting unit 32 transmits the data to the forward vehicle CF (step SP33). In step SP33, if there are multiple pieces of data whose direction is "backward", the information transmitting unit 32 may transmit the data in descending order of priority. Also, the information transmitting unit 32 may transmit all of the plurality of data at the same time. Next, the information providing device 1 advances the process to step SP16. Note that even if the data does not exist in step SP15, the information providing apparatus 1 advances the process to step SP16. Next, the driver information providing section 40 issues a warning to the inside of the vehicle (step SP16). This completes the series of processes shown in FIG.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Tokimasa in view of Maruyama to include to perform a control to notify the driver who drives the first vehicle of the travel data when making a determination that the travel data has been acquired from a vehicle other than the particular vehicle, as taught by Yano as disclosed above, in order to ensure safe operation of the vehicle (Yano Paragraph 6 “The present invention has been made in view of such circumstances, and an object of the present invention is to allow a driver to appropriately recognize a dangerous event and drive a vehicle safely.”).
The conditional limitations carried out in claim 3 are performed by a group data obtainer (Spec. FIG. 4, 111 “Group Data Obtainer”). Tokimasa in view Maruyama in view of Yano disclose the same structure (See at least Tokimasa FIG. 4 and Paragraphs 40-43 “In FIG. 4, first, in step S100, autonomous sensor information is acquired. In subsequent step S102, the wireless information of the other vehicle is received. As described above, this wireless information includes the travel plan, acceleration / deceleration information (detected value), and identification code of the vehicle that transmitted the wireless information. The subsequent step S104 is a process corresponding to the own vehicle information transmitting means, and the wireless information of the own vehicle is broadcast from the wireless device 30. As described above, the wireless information includes the travel plan of the host vehicle, acceleration / deceleration information of the host vehicle based on the detection value of the behavior information sensor 40, and the identification code of the host vehicle. Note that the travel plan is created based on the travel plan of the leading vehicle included in the wireless information acquired in step S102 and the autonomous sensor information acquired in step S100. The subsequent step 106 is processing corresponding to the tail determining means, and determines whether or not the host vehicle is the tail of the vehicle group. This determination is made based on the autonomous sensor information acquired in step S100, and if there is no other vehicle within a predetermined distance behind the host vehicle, it is determined that it is the tail end. When it is determined that it is the tail end, the process proceeds to step S108, and when it is determined that it is not the tail end, the process proceeds to step S112. Step S108 corresponds to the immediately preceding vehicle acceleration / deceleration information determining unit and the last start point number information determining unit in the claims. In this step S108, a plurality of acceleration / deceleration information included in the wireless information from the plurality of vehicles acquired in step S102, and the acceleration / deceleration information of the immediately preceding vehicle determined based on the autonomous sensor information acquired in step S100, And the acceleration / deceleration information included in the wireless information that most closely matches the acceleration / deceleration information determined based on the autonomous sensor information is the acceleration / deceleration information of the second vehicle from the tail. decide.”) such that Tokimasa in view Maruyama in view of Yano disclose a structure capable of performing limitation (2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM ABDOALATIF ALSOMAIRY whose telephone number is (571)272-5653. The examiner can normally be reached M-F 7:30-5:30.
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/IBRAHIM ABDOALATIF ALSOMAIRY/Examiner, Art Unit 3667 /KENNETH J MALKOWSKI/Primary Examiner, Art Unit 3667
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