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
Status of Claims
Claims 13-32 of U.S. Application No. 19/157195 filed on 08/15/2025 have been examined.
Claim Rejections - 35 USC § 102
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 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 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)(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.
Claim 13-32 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lu et al. [US 2022/0126851 A1], hereinafter referred to as Lu.
As to Claim 13 and 24, Lu discloses a device for operating a driving function for automated longitudinal and/or lateral guidance of a vehicle, wherein the device is configured to: ascertain a setpoint state trajectory for operation of the driving function ([see at least 0022]), wherein the setpoint state trajectory specifies a sequence of setpoint states of the vehicle for a corresponding sequence of upcoming driving progressions ([see at least 0029-0030]); ascertain a control input of a driver of the vehicle for the longitudinal and/or lateral guidance of the vehicle ([see at least 0026]); ascertain a deviation from the setpoint state trajectory caused by the control input ([see at least 0029]); and operate the driving function depending on the ascertained deviation ([see at least 0026]).
As to Claim 14 and 25, Lu discloses a device, wherein the device is configured to: depending on the ascertained deviation ([see at least 0026]): cause a termination of the driving function ([see at least 0026]); or continue the operation of the driving function taking into account the deviation from the setpoint state trajectory caused by the control input ([see at least 0026]).
As to Claim 15 and 26, Lu discloses a device, wherein the device is configured to: ascertain an adapted state trajectory adapted in relation to the setpoint state trajectory based on the control input, wherein the adapted state trajectory specifies a sequence of adapted states of the vehicle for the corresponding sequence of upcoming driving progressions; and ascertain a deviation of the adapted state trajectory from the setpoint state trajectory ([see at least 0029-0030]).
As to Claim 16 and 27, Lu discloses a device, wherein the device is configured to: in response to determining, based on the deviation, that the operation of the driving function is to be continued: continue the operation of the driving function using the adapted state trajectory instead of the setpoint state trajectory ([see at least 0022]).
As to Claim 17 and 28, Lu discloses a device, wherein the device is configured to: ascertain a deviation value of a distance measure for the deviation of the adapted state trajectory from the setpoint state trajectory; and operate the driving function depending on the deviation value, such that: the driving function is continued in response to the deviation value being less than a deviation threshold value, or the driving function is terminated in response to the deviation value being greater than the deviation threshold value ([see at least 0026 and 0032]).
As to Claim 18 and 29, Lu discloses a device, wherein the device is configured to: predict a predicted course of control inputs for the sequence of upcoming driving progressions based on the control input; and ascertain the adapted state trajectory based on the predicted course of control inputs ([see at least 0026 and 0029-0030]).
As to Claim 19 and 30, Lu discloses a device,, wherein the device is configured to: ascertain the setpoint state trajectory such that the vehicle has a target state at an end of the sequence of upcoming driving progressions; and ascertain the adapted state trajectory such that the vehicle has the target state at the end of the sequence of upcoming driving progressions ([see at least 0029-0030]).
As to Claim 20 and 31, Lu discloses a device,, wherein the device is configured to: determine that, taking into account one or more boundary conditions for the automated longitudinal and/or lateral guidance of the vehicle, no adapted state trajectory can be ascertained, in which the vehicle has the target state at the end of the sequence of upcoming driving progressions; and cause a termination of the driving function responsive to determining that no adapted stated trajectory can be ascertained ([see at least 0032]).
As to Claim 21, Lu discloses a device, according to wherein a state of the vehicle comprises: a position of the vehicle; and/or a driving speed of the vehicle; and/or wherein a driving progression specifies a time and/or a position during a journey of the vehicle; and/or wherein the sequence of upcoming driving progressions extends over a predefined planning horizon ([see at least 0029-0030]).
As to Claim 22, Lu discloses a device according to wherein the control input comprises: a requested drive torque; a requested deceleration torque; and/or a requested steering torque; and/or wherein the control input is effectuated by actuation of a control operating element of the vehicle by the driver, wherein the control operating element comprises: an accelerator pedal or a twist grip accelerator for requesting a drive torque to accelerate the vehicle; a brake pedal or a brake lever for requesting a deceleration torque to decelerate the vehicle; and/or a steering wheel or handlebars to request a steering torque to steer the vehicle ([see at least claim1 and 0022]).
As to Claim 23 and 32, Lu discloses a device, wherein the device is configured to: check repeatedly whether a control input of the driver is present at a respective driving progression; and in response to the control input being present, operate the driving function depending on the deviation from the respective setpoint state trajectory caused by the control input([see at least 0026 and 0029-0030]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAZAN A SOOFI whose telephone number is (469)295-9189. The examiner can normally be reached on Flex schedule.
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/YAZAN A SOOFI/Primary Examiner, Art Unit 3668
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