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 .
Status of Claims
Claims 1-20 are presented for examination.
Claims 1-20 are rejected.
Obviousness Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent No. 12,466,430 B2. Although the claims at issue are not identical, they are not patentably distinct from each other, take an example of claims 1, 11, and 20 of the instant application and claims 1, 11 of the US Patent No. 12,466,430 B2 (Please see the Table below):
Claims of US Pat. No.: 12,466,430 B2 (hereinafter ‘430)
Claims of Pending Application No.: 19/299,860
Reasoning
1. An autonomous driving control apparatus comprising: a sensor device configured to detect a leading vehicle of a host vehicle; a communication device configured to receive, from the leading vehicle, vehicle information of the leading vehicle; and one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the autonomous driving control apparatus to: based on a deceleration request of the host vehicle, operate in an excessive deceleration limit mode; and determine, based on the vehicle information of the leading vehicle, a speed control signal for changing a vehicle speed of the leading vehicle; and adjust, based on the speed control signal and while operating in the excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle.
11. An autonomous driving control method comprising: operating, by a computing device, a host vehicle in an excessive deceleration limit mode based on a deceleration request of the host vehicle; receiving, from a leading vehicle, vehicle information of the leading vehicle, the vehicle information comprising an indication of a speed control signal for changing a vehicle speed of the leading vehicle; and adjusting, based on the speed control signal and while operating in the excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle.
1. An autonomous driving control apparatus for a host vehicle, the autonomous driving control apparatus comprising: a sensor device configured to detect a leading vehicle; one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the autonomous driving control apparatus to: determine, based on vehicle information of the leading vehicle, a speed control signal for changing a vehicle speed of the leading vehicle; input, to a trained model, at least one of a first factor, adjust, based on the speed control signal, based on a second factor output from the trained model, and while operating in an excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle; and update the trained model, based on a third factor, wherein the first factor includes the vehicle information of the leading vehicle and the speed control signal, and wherein the third factor is obtained from steering or braking operation of a driver.
11. An autonomous driving control method comprising: operating, by a computing device, a host vehicle in an excessive deceleration limit mode; determining vehicle information of a leading vehicle, the vehicle information comprising an indication of a speed control signal for changing a vehicle speed of the leading vehicle; inputting, to a trained model, at least one of a first factor; adjusting, based on the speed control signal, based on a second factor output from the trained model, and while operating in the excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle; and updating the trained model, based on a third factor, wherein the first factor includes the vehicle information of the leading vehicle and the speed control signal, and wherein the third factor is obtained from steering or braking operation of a driver.
20. An apparatus for a host vehicle, the apparatus comprising: a sensor device configured to detect a leading vehicle; one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: operate in an excessive deceleration limit mode; determine, based on vehicle information of the leading vehicle, a speed control for changing a vehicle speed of the leading vehicle; adjust, based on the determined speed control and while operating in the excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle; and control, based on the adjusted excessive deceleration limit level of the host vehicle, an autonomous driving operation of the host vehicle.
Claims 1, 11 of ‘430 only differ from the instant application, in that the claims 1, 11 of ‘430 specify “cause the autonomous driving control apparatus to: based on a deceleration request of the host vehicle, operate in an excessive deceleration limit mode”. Nonetheless, the removal of said limitations from claims 1, 11, and 20 of the instant application made claims 1, 11, and 20 a broader version of claims 1, 11 of ‘430. Therefore, since omission of an element and its function in combination is an obvious expedient if the remaining elements perform the same function as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claims 1, 11, and 20 are not patentably distinct from claims 1, 11 of '430.
Reason for Allowance
Claims 1-20 are allowed provided that all the pending issues are rendered moot.
The instant invention with respect to claims 1, 11, and 20 teach
“1. An autonomous driving control apparatus for a host vehicle, the autonomous driving control apparatus comprising: a sensor device configured to detect a leading vehicle; one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the autonomous driving control apparatus to: determine, based on vehicle information of the leading vehicle, a speed control signal for changing a vehicle speed of the leading vehicle; input, to a trained model, at least one of a first factor, adjust, based on the speed control signal, based on a second factor output from the trained model, and while operating in an excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle; and update the trained model, based on a third factor, wherein the first factor includes the vehicle information of the leading vehicle and the speed control signal, and wherein the third factor is obtained from steering or braking operation of a driver.”
“11. An autonomous driving control method comprising: operating, by a computing device, a host vehicle in an excessive deceleration limit mode; determining vehicle information of a leading vehicle, the vehicle information comprising an indication of a speed control signal for changing a vehicle speed of the leading vehicle; inputting, to a trained model, at least one of a first factor; adjusting, based on the speed control signal, based on a second factor output from the trained model, and while operating in the excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle; and updating the trained model, based on a third factor, wherein the first factor includes the vehicle information of the leading vehicle and the speed control signal, and wherein the third factor is obtained from steering or braking operation of a driver.”
“20. An apparatus for a host vehicle, the apparatus comprising: a sensor device configured to detect a leading vehicle; one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: operate in an excessive deceleration limit mode; determine, based on vehicle information of the leading vehicle, a speed control for changing a vehicle speed of the leading vehicle; adjust, based on the determined speed control and while operating in the excessive deceleration limit mode, an excessive deceleration limit level of the host vehicle; and control, based on the adjusted excessive deceleration limit level of the host vehicle, an autonomous driving operation of the host vehicle.”
Makled et al. (US Pub. No.: 2019/0143971 A1) teaches “Method and apparatus are disclosed for lead vehicle monitoring for adaptive cruise control. An example vehicle includes a communication module for V2V communication, a camera, a sensor, and an adaptive cruise control unit. The adaptive cruise control unit is to determine an acceleration oscillation value of a lead vehicle based upon measurements collected via at least one of the camera and the sensor and send, via the communication module, an instruction to the lead vehicle to activate cruise control responsive to determining the acceleration oscillation value exceeds a threshold.”
Lumb et al. (US Pat. No.: 11,904,889 B1) teaches “Velocity adjustments based on roadway scene comprehension may include controlling an ego vehicle traveling in a first lane, wherein the first lane comprises a lane of travel for the ego vehicle of a multilane roadway including at least the first lane and a second lane; capturing object ranges by the ego vehicle using at least a first sensor corresponding to a first sensor type; identifying a first vehicle operating in the second lane from the first sensor; determining a first velocity of the first vehicle; generating a first lane flow rate for the second lane from one or more captured object velocities, wherein the lane flow rate of the second lane is based on at least the first velocity of the first vehicle and a traffic density estimation; determining whether to modify an ego vehicle velocity based on the first lane flow rate; and in response to determining whether to modify the ego vehicle velocity, generating instructions for the ego vehicle's velocity.”
The cited references fail to anticipate or render the above underlined limitations, i.e., combined with other limitations claimed in the claimed subject matter, obvious, over any of the prior art of record, alone or in combination.
Dependent claims 2-10, 12-19 are either directly or indirectly dependent upon independent claims 1, 11, and 20, therefore, are allowed in view of their dependence upon claims 1, 11, and 20.
Therefore, when taken as a whole application, and incorporating all the respective limitations, none of the prior art discloses the features as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submission should be clearly labeled "Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Crowder et al. (US Pub. No.: 2024/0083430 A1) teaches “The present disclosure provides systems and methods for an adaptive cruise control that controls a speed of a host vehicle as a passing vehicle quickly passes through a trajectory of the host vehicle. In one form, a system includes at least one processor that is configured to determine that a passing vehicle is entering a trajectory in which the host vehicle is travelling based on a longitudinal speed, a longitudinal acceleration, a lateral speed, and a lateral acceleration of the passing vehicle; determine to maintain a follow distance of an adaptive cruise control system of the host vehicle to at least one target vehicle in the trajectory in which the host vehicle is traveling prior to the passing vehicle entering the trajectory; and to maintain the follow distance to the at least one target vehicle while the passing vehicle passes through the trajectory in which the host vehicle is traveling.”
Bani Milhim et al. (US Pub. No.: 2022/0281451 A1) teaches “In exemplary embodiments, methods, systems, and vehicles are provided that include: one or more sensors that are configured to at least facilitate obtaining sensor data with one or more indications pertaining to a target vehicle that is travelling ahead of the vehicle along a roadway; and a processor that is coupled to the one or more sensors and that is configured to at least facilitate: determining an initial estimated value of acceleration for the target vehicle, based on the one or more indications pertaining to the target vehicle; and controlling a vehicle action for the vehicle based at least in part on the initial estimated value of the acceleration based on the one or more indications pertaining to the target vehicle.”
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/BABAR SARWAR/Primary Examiner, Art Unit 3667
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