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 § 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 (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 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, 27-31, 41-43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomatsu et al. (US 20170232967 A1).
Regarding claim 1, Tomatsu discloses:
A controller, comprising: input means for receiving a detection signal {paragraph [0063] discloses a first feature: a criterion that a gate is one at which a smooth transition can be made between different autonomous driving modes… a criterion that a gate is one through which the destination can be arrived at earliest. The gate selecting unit 16 determines the selection criteria for selecting a gate for the own vehicle V to pass through. Receiving detection signal is implied as part of the selection process. [0086] discloses a travel time: a time point at which the own vehicle V approaches a position that is a predetermined distance from the tolling station};
output means for outputting a transition signal to cause the host vehicle to transition from an autonomous driving mode to a further driving mode {[0062] discloses output means: the gate presentation unit 19 displays the gate that was selected by the gate selecting unit 16 on the display panel of the HMI. [0062]: If the own vehicle V is being driven by autonomous driving, the gate that is presented through the HMI 7 is the gate that the own vehicle V is scheduled to proceed to thereafter. [0048]: notifies the target route to the driver by displaying the route on a display and also by audio output from a speaker. The navigation system 5 outputs, for example, information about the target route of the own vehicle. [0063]: a criterion that a gate is one at which a smooth transition can be made between different autonomous driving modes}; and
control means arranged to: if the time signal is indicative of the travel time to the first feature being greater than a first predetermined time, cause the output means to output a first transition signal to cause the host vehicle to transition from the autonomous driving mode to a first further driving mode, in dependence on the detection signal; and if the time signal is indicative of the travel time to the first feature being less than the first predetermined time, cause the output means to output a second transition signal to cause the host vehicle to transition from the autonomous driving mode to a second further driving mode, different from the first further driving mode, in dependence on the detection signal, wherein the first feature is associated with a driving restriction associated with at least a portion of the navigable path {[0086], [0068], [0071] disclose selecting different driving modes depending on the travel time. [0068]: If changes in the speed, acceleration, steering angle, angular velocity of the steering angle and the like that arise at such a time are small, an evaluation can be made to the effect that a smooth transition can be made between the different autonomous driving modes. Examiner notes that [0068] implies transition to a first further driving mode if the time signal is indicative of the travel time to the first feature being greater than a first predetermined time. [0071]: possibility that it will take time to pass through a junction because the degree of difficulty of the driving operation increases. The selection criterion utilized. Examiner notes that [0071] implies a second further driving mode and if the time signal is indicative of the travel time to the first feature being less than the first predetermined time}.
Similar reasoning applies to claim 43.
Regarding claim 27, which depends from claim 1, Tomatsu discloses: wherein the first transition signal is to cause the host vehicle to complete the transition from the autonomous driving mode to the first further driving mode before the host vehicle reaches the first feature {[0060]: The information used to create the path and speed plan… the autonomous driving system is to be utilized before passing through the tolling station and also the autonomous driving mode in the case of utilizing the autonomous driving system which were determined by the autonomous driving utilization determination unit 14}.
Regarding claim 28, which depends from claim 1, Tomatsu discloses: wherein a duration of the transition from the autonomous driving mode to the first further driving mode is greater than a duration of the transition from the autonomous driving mode to the second further driving mode {[0086], [0068], [0071], [0063]: a criterion that a gate is one at which a smooth transition can be made between different autonomous driving modes. Examiner notes that when the travel time is longer, the transition can be made during a longer duration}.
Regarding claim 29, which depends from claim 1, Tomatsu discloses: wherein in the first further driving mode and the second further driving mode, a torque for longitudinal movement of the host vehicle is controlled autonomously {[0029]: a path and speed plan creation unit in the autonomous driving apparatus. Examiner notes that controlling the torque for longitudinal movement results in vehicle speed control}.
Regarding claim 30, which depends from claim 29, Tomatsu discloses: wherein in the first further driving mode and the second further driving mode, the host vehicle is to be decelerated {[0060]: The path and speed plan includes… deceleration… of the own vehicle V at each moment}.
Regarding claim 31, which depends from claim 30, Tomatsu discloses: wherein in the first further driving mode, the host vehicle is to be decelerated at a first deceleration rate, and wherein in the second further driving mode, the host vehicle is to be decelerated at a second deceleration rate, different to the first deceleration rate {[0060], [0086], [0068], [0071], [0063]. Examiner notes that different transition times result in different deceleration rates}.
Regarding claim 41, Tomatsu discloses: A system, comprising: the controller of claim 1, as a first controller, arranged to output the transition signal; a sensing means for detecting the first feature and arranged to output the detection signal to the first controller in dependence thereon, and for detecting the travel time from the host vehicle to the first feature and arranged to output the time signal to the first controller in dependence thereon; and a vehicle controller for receiving the transition signal and to cause the host vehicle to transition from the autonomous driving mode to the first further driving mode or from the autonomous driving mode to the second further driving mode in dependence thereon {[0063], [0086], [0062], [0048] [0068], [0071], [0033]: external sensor 1, a GPS (global positioning system) receiver 2, an internal sensor 3. [0034]: The external sensor 1 is a detection device that detects the external situation that is information on the surroundings of the vehicle. [0039]: The internal sensor 3 is a detector which detects information corresponding to a traveling state of the own vehicle V}.
Regarding claim 42, Tomatsu discloses: a method comprising: detecting a first feature associated with a navigable path of a host vehicle; receiving a travel time from the host vehicle to the first feature; if the travel time to the first feature is greater than a first predetermined time, transitioning the host vehicle from an autonomous driving mode to a first further driving mode, in dependence on the detection of the first feature; and if the travel time to the first feature is less than the first predetermined time, transitioning the host vehicle from the autonomous driving mode to a second further driving mode, different from the first further driving mode, in dependence on the detection of the first feature wherein; the first feature is associated with a driving restriction associated with at least a portion of the navigable path {[0063], [0086], [0048] [0068], [0071]}.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 25, 26, 35-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomatsu in view of Shashua et al. (US 20240255291 A1).
Regarding claim 25, which depends from claim 1, Tomatsu does not disclose: wherein the first feature is a temporary path marking or forms at least part of the driving restriction.
Shashua teaches a temporary path marking in paragraph [0508]: a temporary lane shifting barrier 100 meters ahead of vehicle 1250 that changes the lanes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the temporary path marking feature of Shashua with the described invention of Tomatsu in order to consider indication of driving restriction ahead of the own vehicle in choosing a driving mode.
Regarding claim 26, which depends from claim 1, Shashua teaches: wherein the driving restriction is a closure of the at least a portion of the navigable path {[0427]: data indicating a temporary lane closure setup}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the closure restriction feature of Shashua with the described invention of Tomatsu in order to consider path closure in choosing a driving mode.
Regarding claim 35, which depends from claim 1, Shashua teaches: wherein the detection signal is indicative of detection of a first preceding feature associated with the navigable path, the first preceding feature indicative of a presence of the first feature {Fig. 84D, [0940]: where the system or user navigates the host vehicle to avoid markers 8200 d designating temporary roadwork (FIG. 84D)}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first feature presence feature of Shashua with the described invention of Tomatsu in order to facilitate detection of the first preceding feature.
Regarding claim 36, which depends from claim 35, Shashua teaches: wherein the first preceding feature is an advance marker indicative of the travel time to the first feature {Fig. 84D, [0940]. Examiner notes that the marker 8200d indicates temporary road work in advance}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the advance marker feature of Shashua with the described invention of Tomatsu in order to facilitate early detection of the first preceding feature.
Regarding claim 37, which depends from claim 36, Shashua teaches: wherein the first transition signal is to cause the host vehicle to transition from the autonomous driving mode to the first further driving mode when the host vehicle is between the advance marker and the first feature {Fig. 84D, [0940], [0257] teaches various autonomous driving modes to implement navigational change, which is required to drive considering the first feature: A “navigational change” refers to a change in one or more of steering, braking, or acceleration of the vehicle... Autonomous vehicles may also include vehicles that control only some aspects of vehicle navigation, such as steering (e.g., to maintain a vehicle course between vehicle lane constraints), but may leave other aspects to the driver (e.g., braking). In some cases, autonomous vehicles may handle some or all aspects of braking, speed control, and/or steering of the vehicle. Examiner notes that different autonomous driving modes can be selected with the advance marker is the trigger of transition between the driving modes, and the transition occurs before the vehicle reaches the first feature. [0716]: FIG. 48 shows… landmarks such as speed limit sign 1136 and hazard sign (marker for the first feature) 1138 may be present... used for autonomous vehicle navigation along road segment 1120 (e.g., for locating vehicle 200, and/or for determining a target trajectory of vehicle 200). Examiner notes that [0257] and [0716] teach that different driving modes can be used for different road environments}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the transition feature of Shashua with the described invention of Tomatsu in order to facilitate timely execution of adequate driving mode when driving along the first preceding feature.
Regarding claim 38, which depends from claim 35, Shashua teaches: wherein the first preceding feature is a start marker {Fig. 84D, [0940]. Examiner notes that marker 8200d indicates a start of a roadwork zone}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the start marker feature of Shashua with the described invention of Tomatsu in order to facilitate early detection of the first preceding feature.
Regarding claim 39, which depends from claim 38, Shashua teaches: wherein the first transition signal is to cause the host vehicle to transition from the autonomous driving mode to the first further driving mode after the host vehicle has passed the start marker {Fig. 84D, [0940], [0257], [0716]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the transition feature of Shashua with the described invention of Tomatsu in order to facilitate timely execution of adequate driving mode when driving along the first preceding feature.
Regarding claim 40, which depends from claim 35, Shashua teaches: wherein the detection signal is indicative of detection of a second preceding feature associated with the navigable path, the second preceding feature being a start marker between the first preceding feature and the first feature and indicative of the presence of the first feature {Fig. 84D, [0940], [0257], [0716]. Examiner notes that there might be more than one markers for a upcoming hazard or a construction zone, lane closure, etc. In that case, a preceding feature detected second may be a start marker between a preceding feature first and the first feature, and may indicate the presence of the first feature}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the repeated preceding feature of Shashua with the described invention of Tomatsu in order to facilitate transition to a further driving mode.
Allowable Subject Matter
Claims 32-34 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.
Conclusion
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/C.P./Examiner, Art Unit 3661
/RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
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