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 .
Claim Objections
Claims 1, 2, 9, 14, 24, 27, 30, 31, 33, and 35 objected to because of the following informalities:
“…the vehicular sunroof system [some action should be here] at least one selected from the group consisting of..."
Appropriate correction is required.
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 1-4, 8-10, 17, 18, 24, 25, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Hori (JP 2007070830 A) in view of Rajan (US 20230373473 A1).
Regarding claim 1, Hori teaches a vehicular sunroof system (Hori, paragraph 17, a sunroof control device), the vehicular sunroof system comprising: a sensor disposed at a vehicle equipped with the vehicular sunroof system(Hori, paragraph 25, pinch detection sensor 38 detects whether or not there is an obstacle ), the sensor sensing at least a sunroof disposed at a roof of the vehicle(Hori discloses its object detecting sensor is located in the opening of the sunroof indicating its located at the roof the vehicle. Hori, paragraph 25, the pinching detection sensor 38, for example, a light receiving element and a light emitting element are arranged in the opening 16), wherein the sensor is operable to capture sensor data(Hori’s sensor captures sensor data such as the presence of part of a human body. Hori, paragraph 25, the pinch detection sensor 38 detects whether or not there is an obstacle such as a part of the human body in the opening );
wherein the sunroof is movable between a closed position, where the sunroof closes a sunroof opening in the roof of the vehicle, and an opened position, where the sunroof is moved from the sunroof opening(Hori, paragraph 23, sunroof opening / closing switch 34 is a switch for instructing the opening / closing operation of the lid panel 18, and the operation state of the sunroof opening / closing switch 34 is input to the sunroof ECU 30, so that the lid panel 18 is opened / closed );
wherein, responsive to (i) the vehicle moving and (ii) the sunroof being in the opened position(Hori discusses predicting a road condition ahead to determine the opening and closing of the sunroof, which indicates the vehicle in moving. Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed ), the vehicular sunroof system, via processing at the ECU of sensor data captured by the sensor, is operable to determine presence of an object at the sunroof opening(Hori, paragraph 45 , in step 106, it is determined whether or not there is an obstacle such as a part of the human body in the opening 16. This determination is made by detecting whether or not a part of the human body is present in the opening 16 by the pinching detection sensor 38.); and
wherein, with the vehicle moving and with the sunroof being in the opened position, and responsive to determination(Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed ), via processing at the ECU of sensor data captured by the sensor, of presence of the object at the sunroof opening(Hori, paragraph 45, in step 106, it is determined whether or not there is an obstacle such as a part of the human body in the opening 16. This determination is made by detecting whether or not a part of the human body is present in the opening 16 by the pinching detection sensor 38.), the vehicular sunroof system at least one selected from the group consisting of (a) generates an alert and (Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening )
While Hori teaches about detection of an object at the sunroof opening and generating an alert, it fails to disclose a system with an electronic control unit (ECU) ; wherein the ECU comprises electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises at least one data processor for processing sensor data captured by the sensor and transferred to the ECU;
(b) controls at least one selected from the group consisting of steering of the vehicle and braking of the vehicle.
However, Rajan, which is in the same analogous art and that teaches about a collision prevention for a vehicle, discloses a system with an electronic control unit (ECU) (Rajan, paragraph 46, The vehicle 10 also includes a controller 2. The controller 2 may be coupled to the first sensor 6 and the second sensor 4 by, for example, a data/control signal bus 11 ); wherein the ECU comprises electronic circuitry and associated software(Rajan’s teaching’s central processing unit that sends signal to perform actions inherently comprises a software that runs the processing unit. Rajan, paragraph 54, the central processing unit 46 may be coupled to the vehicle electronic components 50 (e.g., using the bus 11 shown in FIG. 1) and may be operable to send appropriate signals to the electronic components 50 for implementing one or more collision prevention actions);
wherein the electronic circuitry of the ECU comprises at least one data processor for processing sensor data captured by the sensor and transferred to the ECU(Rajan, paragraph 46, the controller 2 is operable to receive signals from the first sensor 6 and the second sensor. Rajan, paragraph 69, at step 114, data from the first sensor 6 may processed. );
(b) controls at least one selected from the group consisting of steering of the vehicle and braking of the vehicle(Rajan, paragraph 72, If the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10 ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori with Rajan to control the brake system of a vehicle when the sunroof is open. By braking vehicle when the sunroof it open, it is possible to slow down a vehicle and prevent an accident to a passenger protruding from the sunroof.( Rajan, paragraph 48, applying the brakes of the vehicle to slow the vehicle down (for example, to a stop). Rajan, paragraph 49, producing an audible or visual collision alert to alert the driver of the vehicle of the impending collision; and/or Rajan, paragraph 50, a pre-emptive collision prevention action (such as disabling a sunroof or window opening mechanism of the vehicle to prevent a passenger of the vehicle protruding from the window or sunroof until the vehicle has cleared or passed beneath the approaching obstacle ).
Regarding claim 2, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert(Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening) and (b) controls steering or braking of the vehicle based in part on processing at the ECU of sensor data captured by a forward-sensing sensor disposed at the vehicle and sensing at least forward of the vehicle(Rajan, paragraph 63, In order to allow sufficient time for the collision prevention action to be performed, the second sensor 4 may need to determine the value of h of the approaching obstacle 20 at a given distance. Rajan, paragraph 72, if the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10).
Regarding claim 3, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 2(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the forward-sensing sensor comprises one selected from the group consisting of (i) a radar sensor, (ii) a lidar sensor(Rajan paragraph 42, the first sensor 6 may comprise a camera, an ultrasound sensor, a RADAR (Radio Detection and Ranging) sensor, or a LIDAR (Light Detection and Ranging) sensor) and (iii) a camera(Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera).
Regarding claim 4, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein one selected from the group consisting of (i) the sensor comprises a radar sensor and the sensor data transferred to and processed at the ECU comprises radar data captured by the radar sensor(Rajan discloses a sensor that detects the total height of vehicle according passengers head , which can protrude from the sunroof. The sensor can be radar or lidar sensor. Rajan paragraph 60, the first sensor 6 may detect the new total height z of the vehicle according to the height of the passenger’s head. Rajan paragraph 42, the first sensor 6 may comprise a camera, an ultrasound sensor, a RADAR (Radio Detection and Ranging) sensor, or a LIDAR (Light Detection and Ranging) sensor) and (ii) the sensor comprises a lidar sensor and the sensor data transferred to and processed at the ECU comprises lidar data captured by the lidar sensor(Rajan paragraph 60, the first sensor 6 may detect the new total height z of the vehicle according to the height of the passenger’s head. Rajan paragraph 42, the first sensor 6 may comprise a camera, an ultrasound sensor, a RADAR (Radio Detection and Ranging) sensor, or a LIDAR (Light Detection and Ranging) sensor).
Regarding claim 8, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the vehicular sunroof system is inoperable when the sunroof is in the closed position( Rajan, paragraph 79, the collision prevention action may involve denying the user request 48 to open the sunroof or window of the vehicle 10).
Regarding claim 9, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert based in part on a road condition forward of the vehicle(Hori discloses generating an alerting after determining a road condition and detecting an object at the sunroof. This indicates a capability to perform alert based in part on road condition ahead of the vehicle. Moreover, Rajan discloses warning system that alerts a driver when determining an impending collision, which is caused by a road with an overhead obstruction (road condition). Hori, paragraph 30, the road surface condition monitoring device 32 predicts whether or not there is a bad road at the front travel destination, and determines whether or not the road is a bad road from the prediction determination result. When the determination is affirmative, the routine proceeds to step 106. Hori, paragraph 31, In step 106, it is determined whether or not there is an obstacle such as a part of the human body in the opening 16….If the determination is affirmed, the process proceeds to step 108. Hori, paragraph 32, in step 108, warning processing is performed, and the routine proceeds to step 110. Rajan, paragraph 72, Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10 and/or the production of a warning alert to the driver of the vehicle 10, in response to a determination in step 110 that a collision is possible Rajan, paragraph 2, height restrictions on roads are in place to prevent vehicles having a certain height from colliding with overhead obstructions such as a low bridge or gantry) and (b) controls the at least one selected from steering of the vehicle and braking of the vehicle based in part on the road condition forward of the vehicle(Rajan, paragraph 72, If the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10 and/or the production of a warning alert to the driver of the vehicle 10, in response to a determination in step 110 that a collision is possible ).
Regarding claim 10, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 9(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the road condition is determined at least in part via processing at the ECU of sensor data captured by a forward-sensing sensor of the vehicle(Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera ).
Regarding claim 17, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the vehicular sunroof system generates the alert, and wherein the alert comprises a visual alert to a driver of the vehicle(Rajan, paragraph 96, the alert may, for instance, be an audible alert (such as an alarm sounds or pre-recorded verbal warning) and/or visual alert (such as a warning light or symbol appearing on the dashboard of the vehicle) ).
Regarding claim 18, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the vehicular sunroof system generates the alert, and wherein the alert comprises an audible alert to a driver of the vehicle( Hori, paragraph 32, in step 108, warning processing is performed, and the routine proceeds to step 110. That is, when the lid panel 18 is closed, a process of notifying the occupant that there is an obstacle such as a part of the human body in the opening 16 is performed. For example, a buzzer is sounded, or the presence of an obstacle such as a part of the human body in the opening 16 is notified by voice.).
Regarding claim 24, Hori teaches a vehicular sunroof system(Hori, paragraph 17, a sunroof control device), the vehicular sunroof system comprising:
a camera disposed at a vehicle equipped with the vehicular sunroof system(Hori, paragraph 14, the judging means uses image processing or the like for a photographed image of a camera or the like to predict a road surface ), the camera viewing at least a sunroof disposed at a roof of the vehicle(Hori discloses its object detecting sensor is located in the opening of the sunroof indicating its located at the roof the vehicle. Hori, paragraph 25, the pinching detection sensor 38, for example, a light receiving element and a light emitting element are arranged in the opening 16. Hori, paragraph 25, an aperture monitoring camera that images the aperture 16 may be provided, and the captured image may be detected by using image processing to detect whether there is an obstacle such as a part of a human body in the aperture 16.), wherein the camera is operable to capture image data(Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera);
a forward-sensing sensor disposed at the vehicle and sensing at least forward of the vehicle, wherein the forward-sensing sensor is operable to capture sensor data(Hori, paragraph 14, the judging means uses image processing or the like for a photographed image of a camera or the like to predict a road surface condition ahead. Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera);
wherein the sunroof is movable between a closed position, where the sunroof closes a sunroof opening in the roof of the vehicle, and an opened position, where the sunroof is moved from the sunroof opening(Hori, paragraph 23, sunroof opening / closing switch 34 is a switch for instructing the opening / closing operation of the lid panel 18, and the operation state of the sunroof opening / closing switch 34 is input to the sunroof ECU 30, so that the lid panel 18 is opened / closed);
wherein, responsive to (i) the vehicle moving and (ii) the sunroof being in the opened position, the vehicular sunroof system(Hori discusses predicting a road condition ahead to determine the opening and closing of the sunroof, which indicates the vehicle in moving. Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed), via processing at the ECU of image data captured by the camera, is operable to determine presence of an object at the sunroof opening(Hori, paragraph 25, an aperture monitoring camera that images the aperture 16 may be provided, and the captured image may be detected by using image processing to detect whether there is an obstacle such as a part of a human body in the aperture 16. Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera); and
wherein, with the vehicle moving and with the sunroof being in the opened position, and responsive to determination(Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed), via processing at the ECU of image data captured by the camera, of presence of the object at the sunroof opening, and based in part on processing at the ECU of sensor data captured by the forward-sensing sensor(Hori, paragraph 25, an aperture monitoring camera that images the aperture 16 may be provided, and the captured image may be detected by using image processing to detect whether there is an obstacle such as a part of a human body in the aperture 16), the vehicular sunroof system at least one selected from the group consisting of (a) generates an alert(Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening)
While Hori teaches about detection of an object at the sunroof opening and generating an alert, it fails to disclose a system with an electronic control unit (ECU);
wherein the ECU comprises electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises at least one data processor for processing image data captured by the camera and transferred to the ECU and for processing sensor data captured by the forward-sensing sensor and transferred to the ECU; and (b) controls at least one selected from the group consisting of steering of the vehicle and braking of the vehicle.
However, Rajan, which is in the same analogous art and that teaches about a collision prevention for a vehicle, discloses a system with an electronic control unit (ECU)( Rajan, paragraph 46, The vehicle 10 also includes a controller 2. The controller 2 may be coupled to the first sensor 6 and the second sensor 4 by, for example, a data/control signal bus 11);
wherein the ECU comprises electronic circuitry and associated software(Rajan’s teaching’s central processing unit that sends signal to perform actions inherently comprises a software that runs the processing unit. Rajan, paragraph 54, the central processing unit 46 may be coupled to the vehicle electronic components 50 (e.g., using the bus 11 shown in FIG. 1) and may be operable to send appropriate signals to the electronic components 50 for implementing one or more collision prevention actions);
wherein the electronic circuitry of the ECU comprises at least one data processor for processing image data captured by the camera and transferred to the ECU and for processing sensor data captured by the forward-sensing sensor and transferred to the ECU(Rajan, paragraph 46, the controller 2 is operable to receive signals from the first sensor 6 and the second sensor. Rajan, paragraph 69, at step 114, data from the first sensor 6 may processed. Rajan paragraph 42, the first sensor 6 may comprise a camera, an ultrasound sensor, a RADAR (Radio Detection and Ranging) sensor, or a LIDAR (Light Detection and Ranging) sensor ); and (b) controls at least one selected from the group consisting of steering of the vehicle and braking of the vehicle(Rajan, paragraph 72, If the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori with Rajan to control the brake system of a vehicle when the sunroof is open. By braking vehicle when the sunroof it open, it is possible to slow down a vehicle and prevent an accident to a passenger protruding from the sunroof.( Rajan, paragraph 48, applying the brakes of the vehicle to slow the vehicle down (for example, to a stop). Rajan, paragraph 49, producing an audible or visual collision alert to alert the driver of the vehicle of the impending collision; and/or Rajan, paragraph 50, a pre-emptive collision prevention action (such as disabling a sunroof or window opening mechanism of the vehicle to prevent a passenger of the vehicle protruding from the window or sunroof until the vehicle has cleared or passed beneath the approaching obstacle ).
Regarding claim 25, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 24(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the forward-sensing sensor comprises at least one selected from the group consisting of (i) a radar sensor and (ii) a lidar sensor(Rajan paragraph 42, the first sensor 6 may comprise a camera, an ultrasound sensor, a RADAR (Radio Detection and Ranging) sensor, or a LIDAR (Light Detection and Ranging) sensor).
Regarding claim 27, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 24(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein a road condition ahead of the vehicle is determined via processing at the ECU of sensor data captured by the forward- sensing sensor( Hori, paragraph 30, the road surface condition monitoring device 32 predicts whether or not there is a bad road at the front travel destination, and determines whether or not the road is a bad road from the prediction determination result. When the determination is affirmative, the routine proceeds to step 106), and wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert (Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening)and (b) controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on the determined road condition(Rajan, paragraph 72, If the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10 and/or the production of a warning alert to the driver of the vehicle 10, in response to a determination in step 110 that a collision is possible).
Claims 5-7, 11, 26, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Hori (JP 2007070830 A) in view of Rajan (US 20230373473 A1) in further view of Liu (US 20210392297 A1).
Regarding claim 5, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the sensor comprises a camera(Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera)
While the combination of Hori and Rajan teaches a camera monitors a road condition ahead, it specifically fails to disclose a camera that views within an interior cabin of the vehicle, and wherein the sensor data transferred to and processed at the ECU comprises image data captured by the camera.
However, Liu, which is in the same analogous art and that teaches about a vehicular driver monitoring system, discloses a camera that views within an interior cabin of the vehicle(Liu, paragraph 5, a system includes a camera disposed within an interior cabin of a vehicle equipped with a vehicular driver monitoring system), and wherein the sensor data transferred to and processed at the ECU comprises image data captured by the camera(Liu, paragraph 4, the electronic circuitry of the ECU includes an image processor for processing image data captured by the camera ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Liu to incorporate an interior camera that monitors the driver’s movement. By monitoring driver’s movement by an interior camera, it is possible to accurately determine a driver's attentiveness/presence to perform an action that prevents an accident. ( Liu, paragraph 12, an interior camera provide high resolution image data that includes the driver's head or face (e.g., the driver's eyes) periodically or continuously. High resolution image data may, for example, provide more accurate tracking of the driver's eye movements and/or determination of a driver's attentiveness and thus more accurate response from the DMS(driver monitoring system)).
Regarding claim 6, the combination of Hori, Rajan, and Liu teaches the vehicular sunroof system of claim 5(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 5, a system includes a camera disposed within an interior cabin of a vehicle equipped with a vehicular driver monitoring system), wherein the camera comprises a CMOS imaging array having at least one million photosensors arranged in rows and columns(Liu, paragraph 4, a vehicle that utilizes one or more cameras (preferably one or more CMOS cameras) to capture image data representative of images interior of the vehicle. Liu, paragraph 5, the camera views interior of the vehicle and includes a lens and an image sensor that is operable to capture image data. The image sensor includes a two-dimensional array of at least one million photosensor elements arranged in a plurality of rows and columns ).
Regarding claim 7, the combination of Hori, Rajan, and Liu teaches the vehicular sunroof system of claim 5(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 5, a system includes a camera disposed within an interior cabin of a vehicle equipped with a vehicular driver monitoring system), wherein the camera views a driver head region within the interior cabin of the vehicle(Liu, paragraph 29, DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. The mirror and camera are disposed such that light reflecting off of the mirror is directed toward the camera. The camera captures image data representative of the driver's head), and wherein image data captured by the camera is processed at the ECU for a driver monitoring system of the vehicle(Liu, paragraph 32, the ECU may receive image data captured by a plurality of cameras of the vehicle, such as by a plurality of surround view system (SVS) cameras and a plurality of camera monitoring system (CMS) cameras and optionally one or more driver monitoring system (DMS) cameras ).
Regarding claim 11, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 10(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the forward-sensing sensor of the vehicle comprises a forward-viewing camera(Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera. Liu, paragraph 31, The integrated vehicle system incorporates multiple inputs, such as from the inward viewing or driver monitoring camera and from the forward or outward viewing camera) disposed at an in-cabin side of a windshield of the vehicle and viewing forward of the vehicle through the windshield(Liu, paragraph 29, the DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. Liu, paragraph 31, The integrated vehicle system incorporates multiple inputs, such as from the inward viewing or driver monitoring camera and from the forward or outward viewing camera).
Regarding claim 26, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 24(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the forward-sensing sensor of the vehicle comprises a forward-viewing camera disposed at an in-cabin side of a windshield of the vehicle and viewing forward of the vehicle through the windshield.
The combination of Hori and Rajan specifically fails to disclose a system wherein the forward-sensing sensor of the vehicle comprises a forward-viewing camera disposed at an in-cabin side of a windshield of the vehicle and viewing forward of the vehicle through the windshield.
However, Liu, which is in the same analogous art and that teaches about a vehicular driver monitoring system, discloses a system wherein the forward-sensing sensor of the vehicle comprises a forward-viewing camera disposed at an in-cabin side of a windshield of the vehicle and viewing forward of the vehicle through the windshield(Liu, paragraph 29, the DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. Liu, paragraph 31, The integrated vehicle system incorporates multiple inputs, such as from the inward viewing or driver monitoring camera and from the forward or outward viewing camera).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Liu to incorporate an outward viewing camera. By incorporating an outward viewing camera, it is possible to provide the driver with unique collision mitigation capabilities based on full vehicle environment and driver awareness state. ( Liu, paragraph 31, The integrated vehicle system incorporates multiple inputs, such as from the inward viewing or driver monitoring camera and from the forward or outward viewing camera, as well as from a rearward viewing camera and sideward viewing cameras of the CMS, to provide the driver with unique collision mitigation capabilities based on full vehicle environment and driver awareness state).
Regarding claim 33, Hori teaches a vehicular sunroof system(Hori, paragraph 17, a sunroof control device), the vehicular sunroof system comprising:
a camera disposed at a vehicle equipped with the vehicular sunroof system(Hori, paragraph 14, the judging means uses image processing or the like for a photographed image of a camera or the like to predict a road surface), the camera viewing at least a sunroof disposed at a roof of the vehicle(Hori discloses its object detecting sensor is located in the opening of the sunroof indicating its located at the roof the vehicle. Hori, paragraph 25, the pinching detection sensor 38, for example, a light receiving element and a light emitting element are arranged in the opening 16. Hori, paragraph 25, an aperture monitoring camera that images the aperture 16 may be provided, and the captured image may be detected by using image processing to detect whether there is an obstacle such as a part of a human body in the aperture 16 ), wherein the camera is operable to capture image data(Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera );
wherein the sunroof is movable between a closed position, where the sunroof closes a sunroof opening in the roof of the vehicle, and an opened position, where the sunroof is moved from the sunroof opening(Hori, paragraph 23, sunroof opening / closing switch 34 is a switch for instructing the opening / closing operation of the lid panel 18, and the operation state of the sunroof opening / closing switch 34 is input to the sunroof ECU 30, so that the lid panel 18 is opened / closed );
wherein, responsive to (i) the vehicle moving and (ii) the sunroof being in the opened position, the vehicular sunroof system(Hori discusses predicting a road condition ahead to determine the opening and closing of the sunroof, which indicates the vehicle in moving. Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed), via processing at the ECU of image data captured by the camera, is operable to determine presence of an object at the sunroof opening(Hori, paragraph 25, an aperture monitoring camera that images the aperture 16 may be provided, and the captured image may be detected by using image processing to detect whether there is an obstacle such as a part of a human body in the aperture 16. Hori, paragraph 22, the road surface condition monitoring device 32 includes, for example, a front monitoring camera for monitoring a road surface ahead and an image processing device that detects a bad road by performing image processing on a captured image of the front monitoring camera);
wherein, with the vehicle moving and with the sunroof being in the opened position, and responsive to determination(Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed), via processing at the ECU of image data captured by the camera, of presence of the object at the sunroof opening(Hori, paragraph 25, an aperture monitoring camera that images the aperture 16 may be provided, and the captured image may be detected by using image processing to detect whether there is an obstacle such as a part of a human body in the aperture 16), the vehicular sunroof system at least one selected from the group consisting of (a) generates an alert and (Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening)(b) and
wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert and (Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening).
While Hori teaches about detection of an object at the sunroof opening and generating an alert, it fails to disclose a system with an electronic control unit (ECU);
wherein the ECU comprises electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera and transferred to the ECU;
wherein the camera views a driver head region within an interior cabin of the vehicle, and wherein image data captured by the camera is processed at the ECU for a driver monitoring system of the vehicle; controls at least one selected from the group consisting of steering of the vehicle and braking of the vehicle; (b) controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on a road condition ahead of the vehicle.
However, Rajan, which is in the same analogous art and that teaches about a collision prevention for a vehicle, discloses a system with an electronic control unit (ECU)( Rajan, paragraph 46, The vehicle 10 also includes a controller 2. The controller 2 may be coupled to the first sensor 6 and the second sensor 4 by, for example, a data/control signal bus 11);
wherein the ECU comprises electronic circuitry and associated software(Rajan’s teaching’s central processing unit that sends signal to perform actions inherently comprises a software that runs the processing unit. Rajan, paragraph 54, the central processing unit 46 may be coupled to the vehicle electronic components 50 (e.g., using the bus 11 shown in FIG. 1) and may be operable to send appropriate signals to the electronic components 50 for implementing one or more collision prevention actions);
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera and transferred to the ECU(Rajan, paragraph 46, the controller 2 is operable to receive signals from the first sensor 6 and the second sensor. Rajan, paragraph 69, at step 114, data from the first sensor 6 may processed. Rajan paragraph 42, the first sensor 6 may comprise a camera, an ultrasound sensor, a RADAR (Radio Detection and Ranging) sensor, or a LIDAR (Light Detection and Ranging) sensor);
controls at least one selected from the group consisting of steering of the vehicle and braking of the vehicle(Rajan, paragraph 72, If the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10 ); (b) controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on a road condition ahead of the vehicle( Rajan, paragraph 72, If the sunroof or window is determined to be open, then the method 100 may pass to step 126. Step 126 may involve the performance of a collision prevention action such as the application of the brakes of the vehicle 10 and/or the production of a warning alert to the driver of the vehicle 10, in response to a determination in step 110 that a collision is possible).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori with Rajan to control the brake system of a vehicle when the sunroof is open. By braking vehicle when the sunroof it open, it is possible to slow down a vehicle and prevent an accident to a passenger protruding from the sunroof.( Rajan, paragraph 48, applying the brakes of the vehicle to slow the vehicle down (for example, to a stop). Rajan, paragraph 49, producing an audible or visual collision alert to alert the driver of the vehicle of the impending collision; and/or Rajan, paragraph 50, a pre-emptive collision prevention action (such as disabling a sunroof or window opening mechanism of the vehicle to prevent a passenger of the vehicle protruding from the window or sunroof until the vehicle has cleared or passed beneath the approaching obstacle ).
The combination of Hori and Rajan specifically fails to disclose a system wherein the camera views a driver head region within an interior cabin of the vehicle, and wherein image data captured by the camera is processed at the ECU for a driver monitoring system of the vehicle.
However, Liu, which is in the same analogous art and that teaches about a vehicular driver monitoring system, discloses a system wherein the camera views a driver head region within an interior cabin of the vehicle(Liu, paragraph 29, DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. The mirror and camera are disposed such that light reflecting off of the mirror is directed toward the camera. The camera captures image data representative of the driver's head), and wherein image data captured by the camera is processed at the ECU for a driver monitoring system of the vehicle(Liu, paragraph 32, the ECU may receive image data captured by a plurality of cameras of the vehicle, such as by a plurality of surround view system (SVS) cameras and a plurality of camera monitoring system (CMS) cameras and optionally one or more driver monitoring system (DMS) cameras).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Liu to incorporate an interior camera that monitors the driver’s head movement. By monitoring driver’s head movement by an interior camera, it is possible to accurately determine a driver's attentiveness/presence to perform an action that prevents an accident. ( Liu, paragraph 12, an interior camera provide high resolution image data that includes the driver's head or face (e.g., the driver's eyes) periodically or continuously. High resolution image data may, for example, provide more accurate tracking of the driver's eye movements and/or determination of a driver's attentiveness and thus more accurate response from the DMS(driver monitoring system)).
Claims 12, 13, 28, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Hori (JP 2007070830 A) in view of Rajan (US 20230373473 A1) in further view of Ding (CN 111880533 A).
Regarding claim 12, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 9(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10),
The combination of Hori and Rajan specifically fails to disclose a system wherein the road condition is determined based at least in part on map data.
However, Ding, which is in the same analogous art and that teaches about driving scene reconstruction, discloses a system wherein the road condition is determined based at least in part on map data(According to the present specification, road condition can be traffic ahead of the vehicle. Similarly, Ding discloses determining the road traffic condition based on map information. Ding, paragraph 87, obtaining the road traffic condition information in the map information, may include: obtaining at least one of road identification information, lane line information, road traffic scene information and navigation path planning information from the map information).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Ding to obtain road traffic condition from map data. By incorporating map data, it is possible to fuse the map data with other sensor data to enrich the information so that a reconstructed driving scene is closer to the real driving environment; which help safe driving.( Ding, paragraph 22, the driving scene reconstruction method, fuses the sensor information, vehicle networking information and map information, enriching the information source of the environment around the automatic driving vehicle, and combining the road traffic condition information, so that the reconstructed driving scene is closer to the real driving environment; it can provide more effective auxiliary effect for the driver and improve the safety of driving).
Regarding claim 13, the combination of Hori, Rajan, and Ding teaches the vehicular sunroof system of claim 12(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Ding, paragraph 87, obtaining the road traffic condition information in the map information), wherein the map data is fused with sensor data captured by a forward-sensing sensor of the vehicle and the fused data is processed at the ECU to determine the road condition(Ding discloses fusing map information and sensor data to determine road information such as road signs and lane lines, which correspond to a road condition. Ding, paragraph 98, the sensor information, vehicle network information and road identification information in the map information is integrated, can include, the sensor information, vehicle network information and road identification information in the map information for screening, selecting, fusion.).
Regarding claim 28, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 27(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10).
The combination of Hori and Rajan specifically fails to disclose a system wherein the road condition is determined based in part on map data.
However, Ding, which is in the same analogous art and that teaches about driving scene reconstruction, discloses a system wherein the road condition is determined based in part on map data(According to the present specification, road condition can be traffic ahead of the vehicle. Similarly, Ding discloses determining the road traffic condition based on map information. Ding, paragraph 87, obtaining the road traffic condition information in the map information, may include: obtaining at least one of road identification information, lane line information, road traffic scene information and navigation path planning information from the map information).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Ding to obtain road traffic condition from map data. By incorporating map data, it is possible to fuse the map data with other sensor data to enrich the information so that a reconstructed driving scene is closer to the real driving environment; which help safe driving.( Ding, paragraph 22, the driving scene reconstruction method, fuses the sensor information, vehicle networking information and map information, enriching the information source of the environment around the automatic driving vehicle, and combining the road traffic condition information, so that the reconstructed driving scene is closer to the real driving environment; it can provide more effective auxiliary effect for the driver and improve the safety of driving.)
Regarding claim 29, the combination of Hori, Rajan, and Ding teaches the vehicular sunroof system of claim 28(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 5, a system includes a camera disposed within an interior cabin of a vehicle equipped with a vehicular driver monitoring system; Ding, paragraph 87, obtaining the road traffic condition information in the map information), wherein the map data is fused with sensor data captured by the forward-sensing sensor of the vehicle and the fused data is processed at the ECU to determine the road condition(Ding discloses fusing map information and sensor data to determine road information such as road signs and lane lines, which correspond to a road condition. Ding, paragraph 98, the sensor information, vehicle network information and road identification information in the map information is integrated, can include, the sensor information, vehicle network information and road identification information in the map information for screening, selecting, fusion).
Claims 14-16, 19-23, and 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Hori (JP 2007070830 A) in view of Rajan (US 20230373473 A1) in further view of Ding (CN 111880533 A) in further view Goto (JP 2022142984 A).
Regarding claim 14, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert and(Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening ).
The combination of Hori and Rajan specifically fails to disclose a system that (b) controls steering or braking of the vehicle based in part on vehicle operation data.
However, Goto, which is in the same analogous art and that teaches about a driving assistance device discloses a system that (b) controls steering or braking of the vehicle based in part on vehicle operation data(According to the present specification, operation data includes steering angle of a vehicle. Goto discloses controlling the steering of a vehicle based on a vehicle’s current steering angle. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the steering angle of the steering wheel 13 by the driver during manual driving).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Goto to control the steering of a vehicle based on the steering angle of the vehicle. Hori discloses determining whether the sunroof is open and generating an alert. It would be obvious to one of ordinary skill in the art to incorporate Goto with Hori to control the vehicle when the sunroof is open to reduce dangerous driving condition where the vehicle deviates from the road while a driver’s body part is sticking out from the sunroof. ( Goto, page 15 line 11, the dangerous driving reproduction execution determination unit 71 sets the route and speed (driving plan) of vehicle 1 based on the read operating state and behavior data of vehicle 1 so that vehicle 1 does not deviate from the road it is currently traveling on or become unstable in behavior while the dangerous driving is being reproduced ).
Regarding claim 15, the combination Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 14(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the steering angle of the steering wheel 13 by the driver during manual driving), wherein the vehicle operation data includes speed of the vehicle(Goto, page 9 line 16, the driving state detection unit 65 detects the operating state of the vehicle 1 such as the steering wheel or steering angle of the steered wheels, accelerator opening, brake operation amount or engine speed, vehicle speed.).
Regarding claim 16, the combination Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 14(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the steering angle of the steering wheel 13 by the driver during manual driving), wherein the vehicle operation data includes steering angle of the vehicle(Goto, page 9 line 16, the driving state detection unit 65 detects the operating state of the vehicle 1 such as the steering wheel or steering angle of the steered wheels, accelerator opening, brake operation amount or engine speed, vehicle speed. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the steering angle of the steering wheel 13 by the driver during manual driving).
Regarding claim 19, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 1(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein, with the vehicle moving and with the sunroof being in the opened position, and responsive to determination(Hori, paragraph 28, first, in step 100, it is determined whether or not the sunroof is being opened. The determination is made as to whether or not the lid panel 18 is opened by an instruction to open the lid panel 18 by the operation of the sunroof opening / closing switch 34. If the determination is affirmative, the process proceeds to step 102. Hori, paragraph 34, in the present embodiment, whether or not the road ahead is a rough road is predicted, and if the lid panel 18 is opened before traveling on a rough road, the lid panel 18 is automatically closed), via processing at the ECU of sensor data captured by the sensor(Rajan, paragraph 46, the controller 2 is operable to receive signals from the first sensor 6 and the second sensor. Rajan, paragraph 69, at step 114, data from the first sensor 6 may processed.), the vehicular sunroof system controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on a hazardous driving condition ahead of the vehicle(According to the present specification, hazardous driving condition can be a curved road. Similarly, Goto discloses determining a dangerous(hazardous) road such as curved road and setting a deceleration(braking) and steering angle value according to a curved road. Furthermore, Goto discloses controlling the steering of a vehicle based on target steering angle. Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold on a narrow road or a curve with a large curvature, based on the surrounding environment information. Goto, page 8 line 3, the model driving database 55 includes target values for speed, brake pedal operation amount, steering angle of the steering wheel 13 or steered wheels, and lateral acceleration according to the shape of the curve of the road. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving ).
Regarding claim 20, the combination Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 19(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving), wherein the hazardous driving condition is determined based on road curvature ahead of the vehicle(Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold on a narrow road or a curve with a large curvature, based on the surrounding environment information).
Regarding claim 21, the combination Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 19(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving), wherein the hazardous driving condition is determined based on speed of the vehicle being greater than a threshold speed(Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold).
Regarding claim 22, the combination Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 19(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving), wherein the hazardous driving condition is determined based on traffic ahead of the vehicle(According to the present specification, a traffic ahead can be a traffic jam ahead of a vehicle. Similarly, Ding discloses obtaining road congestion information of a road to construct a driving scene. Ding, paragraph 85, obtaining the road traffic condition information in the vehicle networking information, may include: obtaining road identification information from the vehicle unit and/or road side unit; at least one of lane line information, road traffic abnormal condition information and congestion condition information).
Regarding claim 23, the combination Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 19(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open… [performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving), wherein the hazardous driving condition is determined based on an object ahead of the vehicle that is determined to be at a location where the object determined to be present at the sunroof opening may impact the object ahead of the vehicle(Rajan disclose determining whether an incoming obstacle(hazardous condition) is high enough to allow a passenger to put their head through an open sunroof. This corresponds to hazardous condition that may impact the object’s ahead of the vehicle. Rajan, paragraph 81, it is determined that it is safe to open the sunroof or window (e.g. the height h of any approaching obstacles is high enough that no collision would occur if a passenger were to put their head through the open sunroof or window, or if no approaching obstacles have been detected).).
Regarding claim 30, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 24(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 5, a system includes a camera disposed within an interior cabin of a vehicle equipped with a vehicular driver monitoring system), wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert and (Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening).
The combination of Hori and Rajan specifically fails to disclose a system that (b) controls steering or braking of the vehicle based in part on vehicle operation data, and wherein the vehicle operation data includes at least one selected from the group consisting of (i) speed of the vehicle and (ii) steering angle of the vehicle.
However, Goto, which is in the same analogous art and that teaches about a driving assistance device discloses a system that (b) controls steering or braking of the vehicle based in part on vehicle operation data(According to the present specification, operation data includes steering angle of a vehicle. Goto discloses controlling the steering of a vehicle based on a vehicle’s current steering angle. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the steering angle of the steering wheel 13 by the driver during manual driving), and wherein the vehicle operation data includes at least one selected from the group consisting of (i) speed of the vehicle(Goto, page 9 line 16, the driving state detection unit 65 detects the operating state of the vehicle 1 such as the steering wheel or steering angle of the steered wheels, accelerator opening, brake operation amount or engine speed, vehicle speed) and (ii) steering angle of the vehicle(Goto, page 9 line 16, the driving state detection unit 65 detects the operating state of the vehicle 1 such as the steering wheel or steering angle of the steered wheels, accelerator opening, brake operation amount or engine speed, vehicle speed. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the steering angle of the steering wheel 13 by the driver during manual driving).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori and Rajan with Goto to control the steering of a vehicle based on the steering angle of the vehicle. Hori discloses determining whether the sunroof is open and generating an alert. It would be obvious to one of ordinary skill in the art to incorporate Goto with Hori to control the vehicle when the sunroof is open to reduce dangerous driving condition where the vehicle deviates from the road while a driver’s body part is sticking out from the sunroof. ( Goto, page 15 line 11, the dangerous driving reproduction execution determination unit 71 sets the route and speed (driving plan) of vehicle 1 based on the read operating state and behavior data of vehicle 1 so that vehicle 1 does not deviate from the road it is currently traveling on or become unstable in behavior while the dangerous driving is being reproduced ).
Regarding claim 31, the combination of Hori and Rajan teaches the vehicular sunroof system of claim 24(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10), wherein a hazardous driving condition ahead of the vehicle is determined via processing at the ECU of sensor data captured by the forward-sensing sensor(Rajan, paragraph 46, the controller 2 is operable to receive signals from the first sensor 6 and the second sensor. Rajan, paragraph 69, at step 114, data from the first sensor 6 may processed), and wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert and (b) controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on the determined hazardous driving condition( According to the present specification, hazardous driving condition can be a curved road. Similarly, Goto discloses determining a dangerous(hazardous) road such as curved road and setting a deceleration(braking) and steering angle value according to a curved road. Furthermore, Goto discloses controlling the steering of a vehicle based on target steering angle. Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold on a narrow road or a curve with a large curvature, based on the surrounding environment information. Goto, page 8 line 3, the model driving database 55 includes target values for speed, brake pedal operation amount, steering angle of the steering wheel 13 or steered wheels, and lateral acceleration according to the shape of the curve of the road. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving).
Regarding claim 32, the combination of Hori, Rajan, and Goto teaches the vehicular sunroof system of claim 31(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving), wherein the hazardous driving condition is determined based on at least one selected from the group consisting of (i) road curvature ahead of the vehicle( Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold on a narrow road or a curve with a large curvature, based on the surrounding environment information), (ii) speed of the vehicle being greater than a threshold speed( Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold), (iii) traffic ahead of the vehicle(According to the present specification, a traffic ahead can be a traffic jam ahead of a vehicle. Similarly, Ding discloses obtaining road congestion information of a road to construct a driving scene. Ding, paragraph 85, obtaining the road traffic condition information in the vehicle networking information, may include: obtaining road identification information from the vehicle unit and/or road side unit; at least one of lane line information, road traffic abnormal condition information and congestion condition information ) and (iv) an object ahead of the vehicle at a location where the object determined to be present at the sunroof opening may impact the object ahead of the vehicle(Rajan disclose determining whether an incoming obstacle(hazardous condition) is high enough to allow a passenger to put their head through an open sunroof. This corresponds to hazardous condition that may impact the object’s ahead of the vehicle. Rajan, paragraph 81, it is determined that it is safe to open the sunroof or window (e.g. the height h of any approaching obstacles is high enough that no collision would occur if a passenger were to put their head through the open sunroof or window, or if no approaching obstacles have been detected).).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Hori (JP 2007070830 A) in view of Rajan (US 20230373473 A1) in further view of Liu (US 20210392297 A1) in further view of Ding (CN 111880533 A).
Regarding claim 34, the combination of Hori, Rajan, and Liu teaches the vehicular sunroof system of claim 33(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 29, DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. The mirror and camera are disposed such that light reflecting off of the mirror is directed toward the camera. The camera captures image data representative of the driver's head).
The combination of Hori, Rajan, and Liu specifically fails to disclose a system wherein the road condition is determined at least in part via map data.
However, Ding, which is in the same analogous art and that teaches about driving scene reconstruction, discloses a system wherein the road condition is determined at least in part via map data(According to the present specification, road condition can be traffic ahead of the vehicle. Similarly, Ding discloses determining the road traffic condition based on map information. Ding, paragraph 87, obtaining the road traffic condition information in the map information, may include: obtaining at least one of road identification information, lane line information, road traffic scene information and navigation path planning information from the map information ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori, Rajan, and Liu with Ding to obtain road traffic condition from map data. By incorporating map data, it is possible to fuse the map data with other sensor data to enrich the information so that a reconstructed driving scene is closer to the real driving environment; which help safe driving.( Ding, paragraph 22, the driving scene reconstruction method, fuses the sensor information, vehicle networking information and map information, enriching the information source of the environment around the automatic driving vehicle, and combining the road traffic condition information, so that the reconstructed driving scene is closer to the real driving environment; it can provide more effective auxiliary effect for the driver and improve the safety of driving).
Claims 35 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Hori (JP 2007070830 A) in view of Rajan (US 20230373473 A1) in further view of Liu (US 20210392297 A1) in further view of Ding (CN 111880533 A) in further view Goto (JP 2022142984 A).
Regarding claim 35, the combination of Hori, Rajan, and Liu teaches the vehicular sunroof system of claim 33(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 29, DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. The mirror and camera are disposed such that light reflecting off of the mirror is directed toward the camera. The camera captures image data representative of the driver's head), wherein the vehicular sunroof system at least one selected from the group consisting of (a) generates the alert and ( Hori, paragraph 32, a warning process is performed and the process proceeds to step 110. Specifically, when closing the lid panel 18, a process is performed to inform the occupants that there is an obstacle, such as a part of a human body, in the opening16. For example, a buzzer may sound or an audio announcement may be made informing the occupants that there is an obstacle, such as a part of a human body, in the opening).
The combination of Hori, Rajan, and Liu specifically fails to disclose a system that (b) controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on a hazardous driving condition ahead of the vehicle.
However, Goto, which is in the same analogous art and that teaches about a driving assistance device discloses a system that (b) controls the at least one selected from the group consisting of steering of the vehicle and braking of the vehicle based in part on a hazardous driving condition ahead of the vehicle(According to the present specification, hazardous driving condition can be a curved road. Similarly, Goto discloses determining a dangerous(hazardous) road such as curved road and setting a deceleration(braking) and steering angle value according to a curved road. Furthermore, Goto discloses controlling the steering of a vehicle based on target steering angle. Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold on a narrow road or a curve with a large curvature, based on the surrounding environment information. Goto, page 8 line 3, the model driving database 55 includes target values for speed, brake pedal operation amount, steering angle of the steering wheel 13 or steered wheels, and lateral acceleration according to the shape of the curve of the road. Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hori, Rajan, and Liu with Goto to control the steering of a vehicle based on the steering angle of the vehicle based on a dangerous(hazardous) road driving condition. Hori discloses determining whether the sunroof is open and generating an alert. It would be obvious to one of ordinary skill in the art to incorporate Goto with Hori to control the vehicle when the sunroof is open to reduce dangerous driving condition where the vehicle deviates in curvy(dangerous) road while a driver’s body part is sticking out from the sunroof. (Goto, page 15 line 11, the dangerous driving reproduction execution determination unit 71 sets the route and speed (driving plan) of vehicle 1 based on the read operating state and behavior data of vehicle 1 so that vehicle 1 does not deviate from the road it is currently traveling on or become unstable in behavior while the dangerous driving is being reproduced ).
Regarding claim 36, the combination Hori, Rajan, Liu, and Goto teaches the vehicular sunroof system of claim 35(Hori, paragraph 17, a sunroof control device; Rajan, paragraph 72, If the sunroof or window is determined to be open…[performing] collision prevention action such as the application of the brakes of the vehicle 10; Liu, paragraph 29, DMS(driver monitoring system) includes a camera and a rotatable mirror disposed within the cabin of the vehicle. The mirror and camera are disposed such that light reflecting off of the mirror is directed toward the camera. The camera captures image data representative of the driver's head; Goto, page 5 line 21, the vehicle control device 41 controls the electric steering device 15 based on the target steering angle set by the driving support device 50 during automatic driving), wherein the hazardous driving condition is determined based on at least one selected from the group consisting of (i) road curvature ahead of the vehicle(Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold on a narrow road or a curve with a large curvature, based on the surrounding environment information), (ii) speed of the vehicle being greater than a threshold speed( Goto, page 12 line 21, the dangerous driving determination unit 67 detects that the driver has traveled at a vehicle speed exceeding a preset threshold), (iii) traffic ahead of the vehicle(According to the present specification, a traffic ahead can be a traffic jam ahead of a vehicle. Similarly, Ding discloses obtaining road congestion information of a road to construct a driving scene. Ding, paragraph 85, obtaining the road traffic condition information in the vehicle networking information, may include: obtaining road identification information from the vehicle unit and/or road side unit; at least one of lane line information, road traffic abnormal condition information and congestion condition information ) and (iv) an object ahead of the vehicle at a location where the object determined to be present at the sunroof opening may impact the object ahead of the vehicle(Rajan disclose determining whether an incoming obstacle(hazardous condition) is high enough to allow a passenger to put their head through an open sunroof. This corresponds to hazardous condition that may impact the object’s ahead of the vehicle. Rajan, paragraph 81, it is determined that it is safe to open the sunroof or window (e.g. the height h of any approaching obstacles is high enough that no collision would occur if a passenger were to put their head through the open sunroof or window, or if no approaching obstacles have been detected)).
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant’s
disclosure.
Ito (US 20090049750 A1) discloses a sensor that detects an obstacle when sunroof is open. And a collision of the obstacle with the sunroof on a roof panel is prevented by stopping the roof panel from moving or reversing the movement of the roof panel.
Conclusion
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/BESUFEKAD LEMMA TESSEMA/Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665