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 .
2. This Office Action is sent in response to Applicant's Communication received on September 10, 2025 for application number 19/164,038. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 10, 2025 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. DE 10 2023 202 285.0 filed on March 14, 2023.
Disposition of Claims
Claims 1-13 are pending in this application.
Claims 1-13 are rejected.
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 enough 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 enough 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 enough 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 enough structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“Vehicle Sensor Unit” and “Control Unit” in claims 10-11.
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.
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 § 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.
(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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Ueda – US 2016/0052544 A1).
Regarding claim 1, Ueda (Fig. 4) discloses:
A computer-implemented method for providing steering control for an autonomously driven or semi-autonomously driven vehicle (own vehicle 101: Fig. 4), the method comprising the steps:
receiving, from at least one vehicle sensor (camera 19, a vehicle speed sensor 21, a yaw rate sensor 23, a steering angle sensor 25, a storage section 27, and a navigation system 29: Fig. 1 and [0024-0025]), sensor data corresponding to a roadway of the driven vehicle (own vehicle 101: Fig. 4),
determining a first target point (forward position P1: Fig. 5) ahead of the driven vehicle (own vehicle 101: Fig. 4),
determining a second target point (position P0 of the own vehicle at the time: Fig. 5) lying on the same lateral plane as the first target point (forward position P1: Fig. 5) when the vehicle (own vehicle 101: Fig. 4) has travelled for a certain time after the time of the determined first target point (forward position P1: Fig. 5) {[0041]: In step 5, the past information acquisition unit 11 acquires lateral deviation related information (including the lateral deviation D′ generated at the forward position P1 in the past and the steering amount δt2′ obtained when the lateral deviation D′ is generated) at the forward position P1 (refer to FIG. 5) ahead of the position P0 of the own vehicle acquired in the step 4 by the predetermined distance Y from the storage section 27. Note that, in FIG. 5, 101B indicates a track drawn by the center 101A of the own vehicle 101 in the past} and/or
determining the second target point (position P0 of the own vehicle at the time: Fig. 5) lying on the same lateral plane as the first target point (forward position P1: Fig. 5) when the vehicle (own vehicle 101: Fig. 4) has travelled a predefined longitudinal distance, calculating a lateral distance (lateral deviation D: Fig. 5) between the determined first and second target point (P1, P0) {[0057]: Then, the storage unit 13 stores the information (lateral deviation related information), in which the obtained lateral deviation D, steering amount δt2, and position P0 of the own vehicle are related to each other, in the storage section 27. Note that the stored lateral deviation related information can be used in the process of the step 5 in the future. When using the lateral deviation related information in the step 5 in the future, the lateral deviation D stored in the present step becomes the lateral deviation D′, and the steering amount δt2 stored in the present step becomes the steering amount δt2′},
comparing the calculated lateral distance (lateral deviation D: Fig. 5) with at least a first predefined threshold, a path tracking error is determined if the calculated lateral distance (lateral deviation D: Fig. 5) exceeds at least the first predefined threshold ([0065]: If the lateral deviation D′ acquired by the past information acquisition unit 11 {{{is equal to or more than a predetermined threshold value}}}, the vehicle control apparatus 1 adds the correction amount having magnitude corresponding to the magnitude of the lateral deviation D′ {{{to the basic steering amount δt1 to calculate the steering amount δt2}}}. In addition, if the lateral deviation D′ acquired by the past information acquisition unit 11 is less than the predetermined threshold value, the steering amount δt2′ acquired by the past information acquisition unit 11 is used as the steering amount δt2 at the present time. Hence, the steering amount δt2 can be easily calculated according to the magnitude of the lateral deviation D′),
providing a control signal to a steering controller in dependence of the determined tracking error ([0065]).
Regarding claim 10, Ueda discloses:
A driver assistance system for a vehicle (own vehicle 101: Fig. 4), comprising:
a vehicle sensor unit (camera 19, a vehicle speed sensor 21, a yaw rate sensor 23, a steering angle sensor 25, a storage section 27, and a navigation system 29: Fig. 1 and [0024-0025]) to detect a roadway of the driven vehicle (own vehicle 101: Fig. 4),
a control unit (vehicle control apparatus 1: Fig. 1) to receive, at least from the vehicle sensor unit (camera 19, a vehicle speed sensor 21, a yaw rate sensor 23, a steering angle sensor 25, a storage section 27, and a navigation system 29: Fig. 1 and [0024-0025]), sensor data corresponding to the roadway of the driven vehicle (own vehicle 101: Fig. 4),
wherein the control unit (vehicle control apparatus 1: Fig. 1) is configured to determine a first target point (forward position P1: Fig. 5) ahead of the driven vehicle (own vehicle 101: Fig. 4),
wherein the control unit (vehicle control apparatus 1: Fig. 1) is configured to determine a second target point (position P0 of the own vehicle at the time: Fig. 5) lying on the same lateral plane as the first target point (forward position P1: Fig. 5) when the vehicle (own vehicle 101: Fig. 4) has travelled for a certain time after the time of the determined first target point (forward position P1: Fig. 5) and/or configured to determine the second target point (position P0 of the own vehicle at the time: Fig. 5) lying on the same lateral plane as the first target point (forward position P1: Fig. 5) when the vehicle (own vehicle 101: Fig. 4) has travelled a predefined longitudinal distance {[0041]: In step 5, the past information acquisition unit 11 acquires lateral deviation related information (including the lateral deviation D′ generated at the forward position P1 in the past and the steering amount δt2′ obtained when the lateral deviation D′ is generated) at the forward position P1 (refer to FIG. 5) ahead of the position P0 of the own vehicle acquired in the step 4 by the predetermined distance Y from the storage section 27. Note that, in FIG. 5, 101B indicates a track drawn by the center 101A of the own vehicle 101 in the past},
wherein the control unit (vehicle control apparatus 1: Fig. 1) is configured to calculate a lateral distance (lateral deviation D: Fig. 5) between the determined first and second target point (P1, P0) and to compare the calculated lateral distance (lateral deviation D: Fig. 5) with at least a first predefined threshold {[0057]: Then, the storage unit 13 stores the information (lateral deviation related information), in which the obtained lateral deviation D, steering amount δt2, and position P0 of the own vehicle are related to each other, in the storage section 27. Note that the stored lateral deviation related information can be used in the process of the step 5 in the future. When using the lateral deviation related information in the step 5 in the future, the lateral deviation D stored in the present step becomes the lateral deviation D′, and the steering amount δt2 stored in the present step becomes the steering amount δt2′},
wherein the control unit (vehicle control apparatus 1: Fig. 1) is configured to determine a path tracking error if the calculated lateral distance (lateral deviation D: Fig. 5) exceeds at least the first predefined threshold ([0065]: If the lateral deviation D′ acquired by the past information acquisition unit 11 {{{is equal to or more than a predetermined threshold value}}}, the vehicle control apparatus 1 adds the correction amount having magnitude corresponding to the magnitude of the lateral deviation D′ {{{to the basic steering amount δt1 to calculate the steering amount δt2}}}. In addition, if the lateral deviation D′ acquired by the past information acquisition unit 11 is less than the predetermined threshold value, the steering amount δt2′ acquired by the past information acquisition unit 11 is used as the steering amount δt2 at the present time. Hence, the steering amount δt2 can be easily calculated according to the magnitude of the lateral deviation D′),
wherein the control unit (vehicle control apparatus 1: Fig. 1) is configured to provide a control signal to a steering controller in dependence of the determined tracking error ([0065]).
Regarding claim 2, Ueda disclose the method according to claim 1, and further on Ueda also discloses:
wherein the calculated lateral distance is compared with at least a second predefined threshold, wherein the second predefined threshold is higher than the first predefined threshold, wherein a first steering control signal is provided, if the first predefined threshold exceeds, wherein a second steering control signal is provided, if the second predefined threshold exceeds, wherein the first and second predefined control signal differ at least in part from each other (Figs.1 and 5; [0041-0065]).
Regarding claim 3, Ueda disclose the method according to claim 1, and further on Ueda also discloses:
wherein a hand-off time of the steering wheel will be reduced and/or the driver will be informed that the current steering control system might not be stable and/or a threshold for intervention in the steering control system by the driver will be reduced if the calculated lateral distance exceeds the first predefined threshold for longer than a predefined time (Figs.1 and 5; [0041-0065]).
Regarding claim 4, Ueda disclose the method according to claim 2, and further on Ueda also discloses:
wherein the driver will receive a take-over request and/or the steering control will be ended in a predefined time if the calculated lateral distance exceeds the second predefined threshold for longer than a predefined time (Figs.1 and 5; [0041-0065]).
Regarding claim 5, Ueda disclose the method according to claim 1, and further on Ueda also discloses:
wherein the first target point is received and stored from a lane model as lateral and longitudinal cartesian coordinates, wherein the first cartesian target point is transformed into a global coordinate system as three-dimensional location coordinates of the vehicle (Figs.1 and 5; [0041-0065]).
Regarding claim 6, Ueda disclose the method according to claim 5, and further on Ueda also discloses:
wherein the second target point is received and stored from the lane model as lateral and longitudinal cartesian coordinates wherein the second cartesian target point is transformed as three-dimensional location coordinates of the vehicle into the same global coordinate system as the three-dimensional location coordinates of the first target point (Figs.1 and 5; [0041-0065]).
Regarding claim 7, Ueda disclose the method according to claim 5, and further on Ueda also discloses:
wherein the lateral distance is calculated in the cartesian coordinates of the first and second target point and, as a next step, transformed as three-dimensional location coordinates of the vehicle to obtain a three-dimensional model of the road (Figs.1 and 5; [0041-0065]).
Regarding claim 8, Ueda disclose the method according to claim 1, and further on Ueda also discloses:
a computer program element, comprising instructions which, when the program element is executed by a computer (Figs.1 and 5; [0041-0065]), cause the computer to carry out the method of claim 1.
Regarding claim 9, Ueda disclose the method according to claim 1, and further on Ueda also discloses:
a computer-readable medium comprising instructions which, when executed by a computer (Figs.1 and 5; [0041-0065]), cause the computer to carry out the method of claim 1.
Regarding claim 11, Ueda disclose the driver assistance system according to claim 10, and further on Ueda also discloses:
a vehicle comprising a driver assistance system (Figs.1 and 5; [0041-0065]) according to claim 10.
Regarding claim 12, Ueda disclose the method according to claim 3, and further on Ueda also discloses:
wherein the driver will receive a take-over request and/or the steering control will be ended in a predefined time if the calculated lateral distance exceeds the second predefined threshold for longer than a predefined time (Figs.1 and 5; [0041-0065]).
Regarding claim 13, Ueda disclose the method according to claim 6, and further on Ueda also discloses:
wherein the lateral distance is calculated in the cartesian coordinates of the first and second target point and, as a next step, transformed as three-dimensional location coordinates of the vehicle to obtain a three-dimensional model of the road (Figs.1 and 5; [0041-0065]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2023/0391399 A1 – QUILLIARD
US 2022/0219692 A1 – Taniguchi
US 2022/0153265 A1 – Kim
US 9,090,259 B2 - Dolgov
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747
Prosecution Insights