Prosecution Insights
Last updated: October 02, 2026
Application No. 19/256,526

VEHICLE DRIVER ASSISTANCE DEVICE, VEHICLE DRIVER ASSISTANCE METHOD, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Jul 01, 2025
Priority
Oct 02, 2024 — JP 2024-173267
Examiner
KHUU, IRENE C
Art Unit
3664
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
42%
Grant Probability
Moderate
1-2
OA Rounds
1y 10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 42% of resolved cases
42%
Career Allowance Rate
11 granted / 26 resolved
-9.7% vs TC avg
Strong +68% interview lift
Without
With
+68.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
49
Total Applications
across all art units

Statute-Specific Performance

§101
11.8%
-28.2% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 resolved cases

Office Action

§103
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 . This is a non-final rejection on the merits of this application. Claims 1-5 are currently pending, as discussed below. Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) filed on 7/1/2025 has been considered by examiner. Claim Rejections - 35 USC § 103 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Peterson; Nathan et al. (US 20230365135 A1) in view of LEE; JIN-WOO et al. (US 20120166032 A1). Regarding Claim 1, Peterson teaches, a vehicle driver assistance device including a control device (Fig. 1 depicts processor 122, see at least, ¶41, Peterson) configured to provide a warning or steering assistance for reducing deviation of a host vehicle from a lane (Fig. 4a depicts northbound vehicles having overridden or deviating from the lane generates a warning about the deviation, see at least, ¶58, Peterson), the control device being configured to start the warning or the steering assistance when the host vehicle reaches an assistance start line set along a lane marking defining the lane (lane assist providing slight resistance at the steering wheel should the user try to turn out of the preexisting lane, see at least, ¶55, Peterson), wherein the control device is configured to store, as a deviation point, a point at which the host vehicle has reached the assistance start line (Fig. 4a depicts, location coordinates of a diverted northbound traffic caused by construction works 404 is interpreted as a deviation point, see at least, ¶58, Peterson), and when the host vehicle is traveling at the deviation point and the number of times the host vehicle has reached the assistance start line at the deviation point is a predetermined number of times or more (Fig. 4a depicts, responsive to a threshold amount of northbound vehicles including the host vehicle having overridden the lane assist feature must have reached the assistance start line (deviated from the lane) to activate the lane assist feature, at location 404, see at least, ¶58, Peterson), shift the assistance start line in a direction away from a center of the lane according to the stored deviation amount (Fig. 4a depicts diverting northbound traffic away from a center of the lane in order to avoid the construction area and assistance start line shift is depicted in Fig. 5 block 504, where the device may access GPS coordinates of the left and right bounds of the new route which vehicles should stay to travel the new route, see at least, ¶69, Ref1). Peterson does not explicitly teach store, as a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point. Lee, directed to adaptive lane centering in an autonomously driven vehicle teaches, store, as a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point (storing a lateral offset from center lane is interpreted as a deviation amount from an assistance start line (middle of the lane), see at least, ¶22, Lee). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified Peterson’s to incorporate the teachings of Lee which teaches store, as a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point since they are both related to lane assist methods and incorporation of the teachings of Lee would increase the accuracy of the modified route by measuring an lateral offset from the original route. Regarding Claim 4, Peterson teaches, a vehicle driver assistance method for providing a warning or steering assistance for reducing deviation of a host vehicle from a lane, the vehicle driver assistance method being configured to start the warning or the steering assistance when the host vehicle reaches an assistance start line set along a lane marking defining the lane (Fig. 4a depicts northbound vehicles having overridden or deviating from the lane generates a warning about the deviation, see at least, ¶58, Peterson), the vehicle driver assistance method comprising: storing, as a deviation point, a point at which the host vehicle has reached the assistance start line (Fig. 4a depicts, location coordinates of a diverted northbound traffic caused by construction works 404 is interpreted as a deviation point, see at least, ¶58, Peterson), and storing, as a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point; and when the host vehicle is traveling at the deviation point and the number of times the host vehicle has reached the assistance start line at the deviation point is a predetermined number of times or more (Fig. 4a depicts, responsive to a threshold amount of northbound vehicles including the host vehicle having overridden the lane assist feature must have reached the assistance start line (deviated from the lane), shifting the assistance start line in a direction away from a center of the lane according to the stored deviation amount (Fig. 4a depicts diverting northbound traffic away from a center of the lane in order to avoid the construction area and assistance start line shift is depicted in Fig. 5 block 504, where the device may access GPS coordinates of the left and right bounds of the new route which vehicles should stay to travel the new route, see at least, ¶69, Peterson). Peterson does not explicitly teach a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point. Lee, directed to adaptive lane centering in an autonomously driven vehicle teaches a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point (a lateral offset from center lane is interpreted as a deviation amount from an assistance start line (middle of the lane), see at least, ¶22, Lee). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified Peterson’s to incorporate the teachings of Lee which teaches a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point since they are both related to lane assist methods and incorporation of the teachings of Lee would increase the accuracy of the modified route by measuring an lateral offset from the original route. Regarding Claim 5, Peterson teaches, a non-transitory storage medium storing a vehicle driver assistance program configured to provide a warning or steering assistance for reducing deviation of a host vehicle from a lane, the vehicle driver assistance program being configured to start the warning or the steering assistance when the host vehicle reaches an assistance start line set along a lane marking defining the lane (Fig. 4a depicts northbound vehicles having overridden or deviating from the lane generates a warning about the deviation, see at least, ¶58, Peterson), wherein the vehicle driver assistance program is configured to store, as a deviation point, a point at which the host vehicle has reached the assistance start line (Fig. 4a depicts, location coordinates of a diverted northbound traffic caused by construction works 404 is interpreted as a deviation point, see at least, ¶58, Peterson), and store, as a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point, and when the host vehicle is traveling at the deviation point and the number of times the host vehicle has reached the assistance start line at the deviation point is a predetermined number of times or more (Fig. 4a depicts, responsive to a threshold amount of northbound vehicles including the host vehicle having overridden the lane assist feature must have reached the assistance start line (deviated from the lane) to activate the lane assist feature, at location 404, see at least, ¶58, Peterson), shift the assistance start line in a direction away from a center of the lane according to the stored deviation amount (Fig. 4a depicts diverting northbound traffic away from a center of the lane in order to avoid the construction area and assistance start line shift is depicted in Fig. 5 block 504, where the device may access GPS coordinates of the left and right bounds of the new route which vehicles should stay to travel the new route, see at least, ¶69, Peterson). Peterson does not explicitly teach a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point. Lee, directed to adaptive lane centering in an autonomously driven vehicle teaches a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point (a lateral offset from center lane is interpreted as a deviation amount from an assistance start line (middle of the lane), see at least, ¶22, Lee). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified Peterson’s to incorporate the teachings of Lee which teaches a deviation amount, an amount by which the host vehicle has crossed the assistance start line at the deviation point since they are both related to lane assist methods and incorporation of the teachings of Lee would increase the accuracy of the modified route by measuring an lateral offset from the original route. Regarding Claim 2, Peterson and Lee teaches, the vehicle driver assistance device according to claim 1, wherein the control device is configured to, when the host vehicle is traveling at the deviation point and the number of times the host vehicle has reached the assistance start line at the deviation point is the predetermined number of times or more, shift the assistance start line in the direction away from the center of the lane in such a manner that the assistance start line is located farther away from the center of the lane as the stored deviation amount increases (Fig. 4a depicts, responsive to the host vehicle traveling at the deviation point at location 404 where a threshold amount of northbound vehicles including the host vehicle having overridden the lane assist feature, northbound traffic is diverted away from a center of the lane in order to avoid the construction area , see at least, ¶58 and 69, Peterson). Regarding Claim 3, Peterson and Lee teaches, the vehicle driver assistance device according to claim 1, wherein the control device is configured to store neither a point at which the host vehicle has crossed the assistance start line to ensure safety of the host vehicle nor an amount by which the host vehicle has crossed the assistance start line at the point (Fig. 5 depicts block 502 “no” branch does not identify a new path through received sets of location coordinates and the location nor the amount crossed an assistance start line is stored, see at least, ¶67, Peterson). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRENE C KHUU whose telephone number is (703)756-1703. The examiner can normally be reached Monday - Friday 0900-1730. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached on (571)272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /IRENE C KHUU/ Examiner, Art Unit 3664 /RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
Read full office action

Prosecution Timeline

Jul 01, 2025
Application Filed
Aug 21, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
42%
Grant Probability
99%
With Interview (+68.5%)
3y 1m (~1y 10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

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