CTNF 19/083,793 CTNF 91058 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-30-02 AIA 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. 07-34-01 Claims 2-3 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. In re claim 2, claim 2 depends upon claim 1 and claim 2 recites “the processor starts execution of the lane change control when the vehicle ahead traveling in the merging lane is detected and the vehicle ahead remains in the merging lane for a predetermined period ” in lines 1-3. However, claim 1 also requires that the processor is configured to “execute the lane change control when the vehicle ahead is not detected or after the vehicle ahead moves to the main lane ”. Here, since claim 1 requires that the lane change control is executed when there is not a vehicle ahead of the host vehicle, it is unclear in the claim how the lane change control can then start execution when a vehicle is detected ahead of the host vehicle, in the merge lane, for a predetermined period. It seems to the examiner that claim 1 requires that the ahead vehicle is not present to execute the lane change control (which would include both starting lane change control and concluding the lane change control), yet claim 2 requires that the ahead vehicle is both present, and remains present for a predetermined amount of time, in order for the processor to start (or initiate) the lane change control. Since claim 2 depends upon claim 1, it seems that this ahead vehicle has to both be present, and yet not present in order for the processor to perform the required steps of claim 2. In re claim 3, claim 3 recites “the processor starts execution of the lane change control even when the vehicle ahead remains in the merging lane” in lines 4-5. Claim 3 is unclear for substantially the same reasons as stated above with respect to claim 2, mutatis mutandis. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1 and 4-5 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Yu (U.S. 20210043088) . In re claim 1, Yu teaches a vehicle control device comprises: a processor (fig. 3; vehicle controller 100 includes, for example, a first controller 120 and a second controller 160. Each of the first controller 120 and the second controller 160 is realized by executing a program (software) using a hardware processor such as a central processing unit (CPU) or the like; [0052]) configured to: determine whether or not a host lane in which a host vehicle is traveling is a merging lane merging with a main lane (as suggested via. fig. 5, fig. 12-15, fig. 17 and fig. 19; the merging controller 142 can merge the host vehicle M into the main lane according to the appropriate merging traveling trajectory even when the marking line cannot be recognized; [0113]; Here, the merging lane and the main lane are necessarily determined as well as the relative position of the host vehicle with respect to the merging lane and the main lane, otherwise the controller would not be able to merge the host vehicle into the main lane when the marking line cannot be recognized), detect a vehicle ahead traveling in front of the host vehicle (for example, when the merging of the merging vehicle (fig. 17; for example, when the merging of the merging vehicle (a merging vehicle m31 or a merging vehicle m32 in the drawings) that is traveling in front of the host vehicle M is terminated by the third detector 136, the merging controller 142A can control the host vehicle M b more flexibly by selecting accelerating the host vehicle M to travel along the merging road and merging to the main lane at the rear of the main lane vehicle which locates further forward in the main lane, and the like; [0127]; Among the merging vehicles, the third detector 136 detects, in particular, the state of the vehicle that is merging to the main lane, or the vehicle that is trying to start merging to the main lane; [0130]; note : merging vehicle m31 and merging vehicle m32 are both located in front of host vehicle M, in the merging lane, as shown in fig. 17) in the merging lane when the host lane is the merging lane (as shown in fig. 17), wait for execution of lane change control for moving the host vehicle from the merging lane to the main lane while the vehicle ahead is detected in the merging lane (as indicated in fig. 17, [0127] and as explained above, merging vehicle(s) m31 and m32 are in front of host vehicle M, and the merging controller 142A controls host vehicle M to accelerate along the merging road and to merge from the merging lane to the main line at the rear of the main line vehicle. Here, the merging controller 142A is effectively causing the host vehicle M to wait until after the preceding vehicle merges before executing a lane change control to cause the host vehicle M to merge.), and execute the lane change control when the vehicle ahead is not detected (as explained and suggested above, and also as suggested in fig. 5, note : in fig. 5, there is not a preceding vehicle m31 or m32 in front of host vehicle M, and thus a vehicle ahead is not detected) or after the vehicle ahead moves to the main lane (as explained above). In re claim 4, Yu teaches the vehicle control device according to claim 1, wherein the processer is further configured to detect a following vehicle which is traveling behind the host vehicle in the merging lane (fig. 17; merging controller 142A performs merging control of merging the host vehicle M to the main lane further on the basis of the detection result by the third detector 136, in addition to detection result by the first detector 133 and the second detector 134 and the recognition result by the marking line recognizer 135. For example, when it is detected by the third detector 136 that a merging vehicle (for example, a merging vehicle m33 in the drawings) traveling behind the host vehicle M is decelerating, since the host vehicle M may decelerate to the same level as the merging vehicle that is traveling behind the host vehicle M, the merging controller 142A can control the host vehicle M more flexibly by selecting whether the host vehicle M merges to the main lane in the front or the rear of the main lane vehicle closest to the host vehicle M; [0127]; note : merging vehicle 33, as shown in fig. 17, is behind host vehicle M), wherein the processor executes the lane change control so that the host vehicle moves to the main lane (a merging controller configured to perform merging control of merging the host vehicle into the main lane; [claim 1]) at a target position within a predetermined distance from an end of the merging lane (the merging controller performs: deceleration control of the host vehicle from a first time point when the other vehicle has started the lane change until a second time point when the other vehicle crosses a marking line, lateral speed limitation of the host vehicle from the second time point until a third time point when a moving speed of the other vehicle in a lateral direction with respect to a direction of advancement of the other vehicle becomes a predetermined level or less, and acceleration limitation of the host vehicle from the third time point until a fourth time point when the host vehicle has reached a predetermined distance before an end of the merging road; [claim 5]) when the main lane is congested (as indicated in fig. 17; traffic jam information around the host vehicle M; [0058]) and the following vehicle is detected (as indicated in fig. 17; a merging vehicle (for example, a merging vehicle m33 in the drawings) traveling behind the host vehicle M; [0127]), and the processor executes the lane change control so that the host vehicle moves to the main lane at any position that the host vehicle can move from the merging lane to the main lane (as indicated in fig. 17, and explained above) when the main lane is not congested (as indicated in fig. 17; the merging controller 142A can control the host vehicle M more flexibly by selecting whether the host vehicle M merges to the main lane in the front or the rear of the main lane vehicle closest to the host vehicle M; [0127]) or the following vehicle is not detected. In re claim 5, see claim 1 above, mutatis mutandis. Allowable Subject Matter Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Reasons for Indication of Allowable Subject Matter The prior art of record fails to show or reasonably teach in combination a vehicle device having the recited elements, as required by claim 2 , including wherein the processor starts execution of the lane change control when the vehicle ahead traveling in the merging lane is detected and the vehicle ahead remains in the merging lane for a predetermined period; or a vehicle device having the recited elements, as required by claim 3 , including wherein the processor is further configured to identify a lighting state of lights provided with the vehicle ahead, wherein when hazard lights of the vehicle ahead are lit or brake lights of the vehicle ahead remain off for a predetermined period, the processor starts execution of the lane change control even when the vehicle ahead remains in the merging lane. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D BAILEY whose telephone number is (571)272-5692. The examiner can normally be reached M-F 8-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHN D BAILEY/Examiner, Art Unit 3747 /KURT PHILIP LIETHEN/Primary Examiner, Art Unit 3747 Application/Control Number: 19/083,793 Page 2 Art Unit: 3747 Application/Control Number: 19/083,793 Page 3 Art Unit: 3747 Application/Control Number: 19/083,793 Page 4 Art Unit: 3747 Application/Control Number: 19/083,793 Page 5 Art Unit: 3747 Application/Control Number: 19/083,793 Page 6 Art Unit: 3747 Application/Control Number: 19/083,793 Page 7 Art Unit: 3747 Application/Control Number: 19/083,793 Page 8 Art Unit: 3747 Application/Control Number: 19/083,793 Page 9 Art Unit: 3747 Application/Control Number: 19/083,793 Page 10 Art Unit: 3747
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