Prosecution Insights
Last updated: August 17, 2026
Application No. 19/298,621

ROADWAY DEPARTURE AVOIDANCE DEVICE, ROADWAY DEPARTURE AVOIDANCE METHOD, AND STORAGE MEDIUM

Non-Final OA §102§112
Filed
Aug 13, 2025
Priority
Nov 20, 2024 — JP 2024-201992
Examiner
HATCH, DAVID P
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 8m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
92 granted / 120 resolved
+24.7% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
143
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 120 resolved cases

Office Action

§102 §112
DETAILED ACTION This is a first Office Action on the merits and is responsive to the originally filed application papers. Claims filed on 08/13/2025 are being examined. Claims 1-5 are being considered and further pending examination. 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 . Information Disclosure Statement The information disclosure statement(s) (IDS(s)) submitted on 08/13/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim(s) 3 is/are objected to because of the following informalities: Claim Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 4-5 recite “..the vehicle enters from a straight road into a curved road…” however this limitation is unclear regarding what constitutes a straight road and a curved road as no road is perfectly straight all roads can be considered curved roads. Further, claims 1 and 4-5 recite “…at a timing immediately after the start condition is satisfied…” where it is unclear what constitutes “immediately after” as there will always be an amount of time between the satisfaction of the start condition and the function claimed. Claims 2-3 are dependent on claim 1 and do not cure the deficiencies thereof, therefore they are rejected for the same reason. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lazic et al (US 20130124047 A1) henceforth referred to as Lazic. Regarding Claim 1 Lazic teaches A roadway departure avoidance device comprising a controller configured to perform, when a start condition that is predetermined is satisfied, the start condition being satisfied in a case where there is a possibility that a vehicle departs from a traveling lane on which the vehicle is traveling, a roadway departure avoidance operation of applying, to the vehicle, a force to change a traveling direction of the vehicle such that the vehicle does not depart from the traveling lane (para [0053] : “FIG. 1 schematically illustrates the principles of lane keeping aid interventions in a road curve 6. A vehicle 2 is driven by a driver in a lane 4 and comprises a lane keeping aid system. The lane keeping aid system may assist the driver to keep the vehicle 2 in the centre of the lane 4. When being on an inner side of the lane 4 in the road curve 6, as in position A of FIG. 1, the lane keeping aid system will assist to steer the vehicle 2 towards the centre of the lane 4, i.e., against the lane curvature, in FIG. 1 illustrated by applying a torque, see arrow 8, to the steering wheel 10. This additional torque applied by the lane keeping aid system is called steering wheel overlay torque.”), wherein the controller is configured to perform, in a case where a specific condition is satisfied, the specific condition including, as one of satisfaction conditions, a first condition in which a vehicle speed when the vehicle enters from a straight road into a curved road is higher than a predetermined vehicle speed threshold value, at least one of first processing of changing the start condition to a condition that is more easily satisfied as compared with a case where the specific condition is not satisfied, and second processing of increasing, at a timing immediately after the start condition is satisfied, the force that is applied to the vehicle through the roadway departure avoidance operation to change the traveling direction of the vehicle, as compared with a case where the specific condition is not satisfied (para [0074] : “When the direction of intervention has the state of "outer side", the scaling curve may look like in FIG. 5. FIG. 5 illustrates a set of scaling curves 200 used for "outer side" and corresponding to different values of curve radius R expressed in metres. As can be gleaned from the figure, road curves having a radius above 2000 metres are treated as the state "straight forward", i.e., the scaling curve of 2000 m coincides with that of FIG. 4. When the road curve gets sharper, i.e., the curve radius decreases, the scaling curve is displaced against higher absolute values of the applied steering wheel torque T.sub.a, i.e., to the left in FIG. 5. The magnitude is maintained, when the scaling curve is displaced to the left in the figure. The centre T.sub..DELTA. of the dead zone .DELTA. then also moves to the left. This corresponds to applying a certain torque to the steering wheel in order to follow the curvature. The sharper the road curve is for a specific vehicle speed, the higher is the absolute value of the steering wheel torque used for following the curvature.”). Regarding Claim 3 Lazic teaches The roadway departure avoidance device according to claim 1, further Lazic teaches wherein the controller is configured to determine that the specific condition is satisfied when a third condition is satisfied, the third condition being satisfied in a case where a magnitude of a lateral acceleration of the vehicle is equal to or greater than a predetermined lateral acceleration threshold value, after the first condition is satisfied (para [0083] : “The values of the curve radius for transfer between the states, X, and the at least one other vehicle and/or road parameter, such as vehicle speed, yaw rate or lateral acceleration, may be selected based on the type of vehicle and for example be selected based on the model of the vehicle, or who is driving the vehicle.”, Fig. 5). Regarding Claim 4 Lazic teaches A roadway departure avoidance method of performing, when a start condition that is predetermined is satisfied, the start condition being satisfied in a case where there is a possibility that a vehicle departs from a traveling lane on which the vehicle is traveling, a roadway departure avoidance operation of applying, to the vehicle, a force to change a traveling direction of the vehicle such that the vehicle does not depart from the traveling lane, the roadway departure avoidance method comprising (para [0085] : “Furthermore, in accordance with the embodiments described herein, the means (e.g., means 24, 26, 28, 30, etc.) for performing the various functions described above may each comprise or further comprise one or more of the following: computer software, hardware or both, such as an Application Specific Integrated Circuit (ASIC), one or more appropriately programmed microprocessors, one or more controllers or control modules, and/or one or more suitable sensors.”): determining whether a specific condition is satisfied, the specific condition including, as one of satisfaction conditions, a first condition in which a vehicle speed when the vehicle enters from a straight road into a curved road is higher than a predetermined vehicle speed threshold value (para [0070] : “The scaling curve 100 may have a variety of shapes, but is preferably symmetric. The scaling curve could be expressed as an analytical function or as a look-up table. The position/s of the primary and/or secondary break point/s may be parameterized as a function of at least one vehicle and/or road parameter, such as vehicle speed, yaw rate, lateral acceleration or curve radius.”, para [0078] : “As for FIG. 5, FIG. 6 illustrates selecting a certain scaling curve dependent on curve radius. As an alternative, or in combination, at least one other vehicle and/or road parameter may be used for selecting the scaling curve, such as vehicle speed, yaw rate or lateral acceleration.”); and performing, in a case where a determination is made that the specific condition is satisfied, at least one of first processing of changing the start condition to a condition that is more easily satisfied as compared with a case where the specific condition is not satisfied, and second processing of increasing, at a timing immediately after the start condition is satisfied, the force that is applied to the vehicle through the roadway departure avoidance operation to change the traveling direction of the vehicle, as compared with a case where the specific condition is not satisfied (para [0074] : “When the direction of intervention has the state of "outer side", the scaling curve may look like in FIG. 5. FIG. 5 illustrates a set of scaling curves 200 used for "outer side" and corresponding to different values of curve radius R expressed in metres. As can be gleaned from the figure, road curves having a radius above 2000 metres are treated as the state "straight forward", i.e., the scaling curve of 2000 m coincides with that of FIG. 4. When the road curve gets sharper, i.e., the curve radius decreases, the scaling curve is displaced against higher absolute values of the applied steering wheel torque T.sub.a, i.e., to the left in FIG. 5. The magnitude is maintained, when the scaling curve is displaced to the left in the figure. The centre T.sub..DELTA. of the dead zone .DELTA. then also moves to the left. This corresponds to applying a certain torque to the steering wheel in order to follow the curvature. The sharper the road curve is for a specific vehicle speed, the higher is the absolute value of the steering wheel torque used for following the curvature.”). Regarding Claim 5 Lazic teaches A non-transitory storage medium storing a program that causes a computer mounted on a vehicle to execute (para [0085] : “Furthermore, in accordance with the embodiments described herein, the means (e.g., means 24, 26, 28, 30, etc.) for performing the various functions described above may each comprise or further comprise one or more of the following: computer software, hardware or both, such as an Application Specific Integrated Circuit (ASIC), one or more appropriately programmed microprocessors, one or more controllers or control modules, and/or one or more suitable sensors.”): performing, when a start condition that is predetermined is satisfied, the start condition being satisfied in a case where there is a possibility that the vehicle departs from a traveling lane on which the vehicle is traveling, a roadway departure avoidance operation of applying, to the vehicle, a force to change a traveling direction of the vehicle such that the vehicle does not depart from the traveling lane (para [0053] : “FIG. 1 schematically illustrates the principles of lane keeping aid interventions in a road curve 6. A vehicle 2 is driven by a driver in a lane 4 and comprises a lane keeping aid system. The lane keeping aid system may assist the driver to keep the vehicle 2 in the centre of the lane 4. When being on an inner side of the lane 4 in the road curve 6, as in position A of FIG. 1, the lane keeping aid system will assist to steer the vehicle 2 towards the centre of the lane 4, i.e., against the lane curvature, in FIG. 1 illustrated by applying a torque, see arrow 8, to the steering wheel 10. This additional torque applied by the lane keeping aid system is called steering wheel overlay torque.”); determining whether a specific condition is satisfied, the specific condition including, as one of satisfaction conditions, a first condition in which a vehicle speed when the vehicle enters from a straight road into a curved road is higher than a predetermined vehicle speed threshold value (para [0070] : “The scaling curve 100 may have a variety of shapes, but is preferably symmetric. The scaling curve could be expressed as an analytical function or as a look-up table. The position/s of the primary and/or secondary break point/s may be parameterized as a function of at least one vehicle and/or road parameter, such as vehicle speed, yaw rate, lateral acceleration or curve radius.”, para [0078] : “As for FIG. 5, FIG. 6 illustrates selecting a certain scaling curve dependent on curve radius. As an alternative, or in combination, at least one other vehicle and/or road parameter may be used for selecting the scaling curve, such as vehicle speed, yaw rate or lateral acceleration.”); and performing, in a case where a determination is made that the specific condition is satisfied, at least one of first processing of changing the start condition to a condition that is more easily satisfied as compared with a case where the specific condition is not satisfied, and second processing of increasing, at a timing immediately after the start condition is satisfied, the force that is applied to the vehicle through the roadway departure avoidance operation to change the traveling direction of the vehicle, as compared with a case where the specific condition is not satisfied (para [0074] : “When the direction of intervention has the state of "outer side", the scaling curve may look like in FIG. 5. FIG. 5 illustrates a set of scaling curves 200 used for "outer side" and corresponding to different values of curve radius R expressed in metres. As can be gleaned from the figure, road curves having a radius above 2000 metres are treated as the state "straight forward", i.e., the scaling curve of 2000 m coincides with that of FIG. 4. When the road curve gets sharper, i.e., the curve radius decreases, the scaling curve is displaced against higher absolute values of the applied steering wheel torque T.sub.a, i.e., to the left in FIG. 5. The magnitude is maintained, when the scaling curve is displaced to the left in the figure. The centre T.sub..DELTA. of the dead zone .DELTA. then also moves to the left. This corresponds to applying a certain torque to the steering wheel in order to follow the curvature. The sharper the road curve is for a specific vehicle speed, the higher is the absolute value of the steering wheel torque used for following the curvature.”). Allowable Subject Matter Claim 2 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and to overcome rejections under 35 U.S.C. 112(b). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. US 2019524632 A1 : Smith et al teaches the thing that does a thing related to what this disclosure is about. Matsumoto et al (US 20030062769 A1) teaches a lane-keep control system for a host-vehicle is arranged to detect a traveling condition of the host-vehicle, to detect a tendency of a lane deviation of the host-vehicle on the basis of the traveling condition, to calculate a driving/braking force controlled variable of each wheel according to the traveling condition so as to generate a yawing moment directed toward a direction of preventing the lane deviation when the tendency of the lane deviation is detected, to control a driving/braking force according to the driving/braking force controlled variable, to detect a steering state quantity indicative of a quantity of state of a steering wheel, and to correct the driving/braking force controlled variable on the basis of the steering state quantity. Isaji et al (US 20050143889 A1) teaches a driving assistance apparatus assists turning operation of a vehicle at an intersection by taking critical variables into account. The apparatus first estimates friction coefficient of a road to determine a suitable acceleration in turning, and then calculates a required period of time to finish turning by using other variables such as a width of the road derived by one of the functions of the apparatus. Based on the comparison with the time that the oncoming vehicle in the opposite lane will take to arrive at the intersection and the required time for turning, driving assistance for the vehicle to turn safely at the intersection can be appropriately provided. Murphy et al (US 20100148948 A1) teaches a vehicle lane departure warning system and method are provided. The system includes a position sensor for sensing position of a vehicle and memory storing learned vehicle path data. The system further includes a controller for processing the position data and determining a stored learned vehicle path that the vehicle is travelling on. The controller comprises logic for comparing the sensed position data to the stored learned vehicle path and determining if the vehicle is sufficiently departing from the stored learn vehicle path. The system further includes an output for providing a warning signal indicative of the vehicle departing from the stored learned vehicle path. The stored learned vehicle path is updated as the vehicle repeatedly travels on the path. Pawlicki et al (US 20140204212 A1) teaches a vision system for a vehicle includes a single forward facing camera and a control having a processor, with the camera and processor disposed in a unitary module installed in the vehicle. The processor, responsive to processing of captured image data, detects headlights of oncoming vehicles and the control, responsive to the detection, provides an output for a headlamp control system of the vehicle. The processor, responsive to processing of captured image data, detects lane marks on a road being traveled by the vehicle and, responsive to the detection, provides an output for a lane departure warning system of the vehicle. The processor may estimate distance from the vehicle to an object or vehicle present exteriorly of the vehicle. The module is supplied by an automotive supplier to the vehicle manufacturer with software operable by the processor for a plurality of driver assistance systems of the vehicle. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID HATCH whose telephone number is (571)272-4518. The examiner can normally be reached on Monday-Friday 8:00-5:00. 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, James J Lee can be reached on 571-270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.H./Examiner, Art Unit 3668 /IMRAN K MUSTAFA/Primary Examiner, Art Unit 3668 7/25/2026
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Prosecution Timeline

Aug 13, 2025
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
89%
With Interview (+12.6%)
2y 8m (~1y 8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 120 resolved cases by this examiner. Grant probability derived from career allowance rate.

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