DETAILED ACTION
Claims 1-11 are currently pending and have been examined in this application. This is the first action on the merits.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This communication is in response to the application filed 09/09/2025.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 8, 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun (US9308914).
Claim 1:
Sun explicitly teaches:
A vehicle driving control device comprising: a deceleration control device that controls deceleration of a vehicle; and
(Sun) – “An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
“The vehicle target operation module 30 receives the environmental data and the operation data to calculate a target behavior suitable for the environment. Depending on the target behavior, the vehicle target operation module 30 controls the vehicle actuators 18 and performs the driver assistance features by generating accelerating force, decelerating force, and/or steering force to steer the vehicle wheels. The driving assistance features assist the driver automatically or semi-automatically with driving the vehicle safely so as to approach the target behavior.” (Col 3 Ln 47-56)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
an electronic control unit configured to execute deceleration support control that automatically decelerates the vehicle by the deceleration control device when it is determined that it is necessary to decelerate the vehicle based on driving conditions of the vehicle in a situation where a deceleration support control switch is on;
(Sun) – “An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
“The vehicle target operation module 30 receives the environmental data and the operation data to calculate a target behavior suitable for the environment. Depending on the target behavior, the vehicle target operation module 30 controls the vehicle actuators 18 and performs the driver assistance features by generating accelerating force, decelerating force, and/or steering force to steer the vehicle wheels. The driving assistance features assist the driver automatically or semi-automatically with driving the vehicle safely so as to approach the target behavior.” (Col 3 Ln 47-56)
“The activation module 32 determines whether the driver has activated the driver assistance features. The driver may activate or deactivate each of the driver assistance features individually via the activation switch 22 which may be disposed at the steering wheel. When the activation switch 22 is turned on, the activation module 32 determines that the driver has activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 to activate the driving assistance features. Conversely, when the activation switch 22 is turned off, the activation module 32 determines that the driver has not activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 not to activate the driver assistance features unless the DSM 24 determines the abnormal situation as describe below. That is, even when the activation switch 22 is turned off, the driver assistance features are activated automatically if the DSM 24 determines the abnormal situation.” (Col 4 Ln 3-20)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The driver assistance controller 12 is an electric control unit (ECU) which includes, for example, a processor, a memory, and an interface.” (Col 2 Ln 64-66)
wherein the electronic control unit is configured to execute the deceleration support control when it is determined that alertness level of a driver is equal to or less than a threshold value in a situation where the deceleration support control switch is off.
(Sun) – “An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
“The vehicle target operation module 30 receives the environmental data and the operation data to calculate a target behavior suitable for the environment. Depending on the target behavior, the vehicle target operation module 30 controls the vehicle actuators 18 and performs the driver assistance features by generating accelerating force, decelerating force, and/or steering force to steer the vehicle wheels. The driving assistance features assist the driver automatically or semi-automatically with driving the vehicle safely so as to approach the target behavior.” (Col 3 Ln 47-56)
“The activation module 32 determines whether the driver has activated the driver assistance features. The driver may activate or deactivate each of the driver assistance features individually via the activation switch 22 which may be disposed at the steering wheel. When the activation switch 22 is turned on, the activation module 32 determines that the driver has activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 to activate the driving assistance features. Conversely, when the activation switch 22 is turned off, the activation module 32 determines that the driver has not activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 not to activate the driver assistance features unless the DSM 24 determines the abnormal situation as describe below. That is, even when the activation switch 22 is turned off, the driver assistance features are activated automatically if the DSM 24 determines the abnormal situation.” (Col 4 Ln 3-20)
“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Examiner Note: determining an abnormal situation based on at least one of the criteria described above being satisfied corresponds with the threshold.
Claim 2:
Sun teaches the respective limitations of Claim 1. Sun further teaches:
wherein the electronic control unit is configured to determine necessity to reduce a vehicle speed based on driving status of the driver, and
(Sun) – “An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
“The vehicle target operation module 30 receives the environmental data and the operation data to calculate a target behavior suitable for the environment. Depending on the target behavior, the vehicle target operation module 30 controls the vehicle actuators 18 and performs the driver assistance features by generating accelerating force, decelerating force, and/or steering force to steer the vehicle wheels. The driving assistance features assist the driver automatically or semi-automatically with driving the vehicle safely so as to approach the target behavior.” (Col 3 Ln 47-56)
“The activation module 32 determines whether the driver has activated the driver assistance features. The driver may activate or deactivate each of the driver assistance features individually via the activation switch 22 which may be disposed at the steering wheel. When the activation switch 22 is turned on, the activation module 32 determines that the driver has activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 to activate the driving assistance features. Conversely, when the activation switch 22 is turned off, the activation module 32 determines that the driver has not activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 not to activate the driver assistance features unless the DSM 24 determines the abnormal situation as describe below. That is, even when the activation switch 22 is turned off, the driver assistance features are activated automatically if the DSM 24 determines the abnormal situation.” (Col 4 Ln 3-20)
“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Examiner Note: Per BRI, any quality or metric which is involved in the decision to reduce the vehicle speed may correspond with necessity.
change at least one of the threshold value and the alertness level in accordance with the necessity such that the higher the necessity, the more likely it is determined that the alertness level is equal to or less than the threshold value.
(Sun) –“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Examiner Note: Per BRI, the use of the DSM to determine whether the driver is undergoing the abnormal situation corresponds with changing the alertness level.
Claim 3:
Sun teaches the respective limitations of Claim 2. Sun further teaches:
wherein the electronic control unit is configured to increase the threshold value in accordance with the necessity such that the threshold value becomes larger as the necessity increases.
(Sun) – “The activation module 32 has a flag indicating how the driver assistance feature is activated. The flag “0” indicates the status is initialized. The flag “1” indicates the driver assistance feature is activated manually by the driver via the activation switch 22. The flag “2” indicates the driver assistance feature is activated automatically by the system based on the driver status.” (Col 4 Ln 20-26)
“FIG. 8 shows a flowchart for a routine 800 that performs the PCS which is executed at step 702 in FIG. 7. At step 801, the routine 800 determines whether the approaching object is detected based on the environmental sensors 14. If the approaching object is detected (S801: Yes), the routine 800 calculates a time-to-collision (TTC) at step 802. The routine 800 determines whether the flag is set to “1” or “2” at step 803. If the flag is set to “1”, a time threshold (Time_Th) is set to a first threshold at step 804. If the flag is set as “2”, the time threshold (Time_Th) is set to a second threshold longer than the first threshold at step 805. The routine 800 determines whether to trigger the actuation of the brake 44 by comparing the TTC with the time threshold at step 806. If the TTC falls below the time threshold (S806: Yes), the routine 800 calculates a target deceleration required to avoid colliding with the approaching object at step 807. Subsequently, the driver assistance controller 12 controls the brake 44 to generate the target deceleration at step 808 and then the routine 800 goes to the end. If the approaching object is not detected (S801: No) or the TTC does not fall below the time threshold (S806: No), the routine 800 goes to the end and returns to step S501 in FIG. 5.” (Col 6 Ln 50-Col 7 Ln 4)
Claim 4:
Sun teaches the respective limitations of Claim 2. Sun further teaches:
wherein the electronic control unit is configured to reduce the alertness level in accordance with the necessity such that the alertness level decreases as the necessity increases.
(Sun) – “The activation module 32 has a flag indicating how the driver assistance feature is activated. The flag “0” indicates the status is initialized. The flag “1” indicates the driver assistance feature is activated manually by the driver via the activation switch 22. The flag “2” indicates the driver assistance feature is activated automatically by the system based on the driver status.” (Col 4 Ln 20-26)
“FIG. 8 shows a flowchart for a routine 800 that performs the PCS which is executed at step 702 in FIG. 7. At step 801, the routine 800 determines whether the approaching object is detected based on the environmental sensors 14. If the approaching object is detected (S801: Yes), the routine 800 calculates a time-to-collision (TTC) at step 802. The routine 800 determines whether the flag is set to “1” or “2” at step 803. If the flag is set to “1”, a time threshold (Time_Th) is set to a first threshold at step 804. If the flag is set as “2”, the time threshold (Time_Th) is set to a second threshold longer than the first threshold at step 805. The routine 800 determines whether to trigger the actuation of the brake 44 by comparing the TTC with the time threshold at step 806. If the TTC falls below the time threshold (S806: Yes), the routine 800 calculates a target deceleration required to avoid colliding with the approaching object at step 807. Subsequently, the driver assistance controller 12 controls the brake 44 to generate the target deceleration at step 808 and then the routine 800 goes to the end. If the approaching object is not detected (S801: No) or the TTC does not fall below the time threshold (S806: No), the routine 800 goes to the end and returns to step S501 in FIG. 5.” (Col 6 Ln 50-Col 7 Ln 4)
Claim 5:
Sun teaches the respective limitations of Claim 2. Sun further teaches:
wherein the electronic control unit is configured to determine whether or not it is necessary to reduce the vehicle speed in order to safely drive the vehicle with respect to a plurality of items related to driving status of the driver, and determine that the necessity is higher as the number of the items indicating the necessity to reduce the vehicle speed is greater.
(Sun) –“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Examiner Note: “Items” is recited with a high degree of generality. Per BRI, any indication, characteristic, or observation related to driving status of the driver may correspond with item.
Claim 6:
Sun teaches the respective limitations of Claim 1. Sun further teaches:
wherein the electronic control unit is configured to propose execution of the deceleration support control to the driver when it is determined that the alertness level is equal to or less than the threshold value, and execute the deceleration support control when the driver agrees to the proposal.
(Sun) – “The driver override module 28 receives operation data from the driver operation sensors 16 to detect an override performed by the driver. Examples of an operation performed by the driver which indicates the override include depression of an acceleration pedal, depression of a brake pedal, and rotation of a steering wheel…The driver override module 28 has a degree threshold and a torque threshold to determine whether the driver is performing the override of the driver assistance features. For example, the degree of depression or the torque of steering exceeds the threshold value, the driver override module 28 sends a signal to deactivate or override the driver assistance features.” (Col 3 Ln 28-46)
“If the flag is set to “1”, a degree threshold is set to a first threshold at step 908. If the flag is set to “2”, the degree threshold is set to a second threshold higher than the first threshold at step 909. The routine 900 determines whether the acceleration pedal is depressed by the driver based on the acceleration pedal sensor at step 910. Subsequently, if a depression degree of the acceleration pedal is greater than the degree threshold at step 911, the ACC is overridden by the driver's operation at step 912 and then the routine 900 goes to the end. If the acceleration pedal is not depressed (S910: No) or the depression degree is not greater than the degree threshold (S911: No), the routine 900 goes to the end and returns to step S501 in FIG. 5.” (Col 7 Ln 26-38)
“FIG. 5 shows a flowchart for a routine 500 that activates the driver assistance features. The routine 500 begins immediately after the vehicle system is started up (by ignition on). Firstly, the routine 500 sets a flag to “0” to initialize the status at step 501 and determines whether the activation switch 22 is turned on by the driver in step 502. If the activation switch 22 is turned on (S502: Yes), the routine 500 sets a flag to “1” at step 503. If the activation switch 22 is not turned on (S502: No), then a driver status determination is executed in step 504. At step 505, the routine 500 determines whether the abnormal situation is determined. If the abnormal situation is determined (S505: Yes), the routine 500 activates the driver assistance features automatically at step 506 and subsequently sets the flag to “2” at step 507. Conversely, if the abnormal situation does not exist or is no longer detected (S505: No), the routine verifies the driver assistance features is deactivated or suppressed automatically at step 508. In other words, if the driver assistance feature was previously activated due to the abnormal situation, the driver assistance feature is deactivated at step 508 because the driving safety feature is no longer needed. After the flagging at steps 503 and 507, the driver assistance features are performed at step 509. The routine 500 returns to step 501 and repeats until the vehicle system is shut down.” (Col 5 Ln 63-Col 6 Ln 19)
Examiner Note: Per BRI, Starting the assistance with opportunity to override corresponds with a proposal and not overriding corresponds with agreeing to the proposal.
Claim 8:
Sun teaches the respective limitations of Claim 6. Sun further teaches:
wherein the electronic control unit is configured to reduce the threshold value when the driver objects to the proposal.
(Sun) – “The driver override module 28 receives operation data from the driver operation sensors 16 to detect an override performed by the driver. Examples of an operation performed by the driver which indicates the override include depression of an acceleration pedal, depression of a brake pedal, and rotation of a steering wheel…The driver override module 28 has a degree threshold and a torque threshold to determine whether the driver is performing the override of the driver assistance features. For example, the degree of depression or the torque of steering exceeds the threshold value, the driver override module 28 sends a signal to deactivate or override the driver assistance features.” (Col 3 Ln 28-46)
“If the flag is set to “1”, a degree threshold is set to a first threshold at step 908. If the flag is set to “2”, the degree threshold is set to a second threshold higher than the first threshold at step 909. The routine 900 determines whether the acceleration pedal is depressed by the driver based on the acceleration pedal sensor at step 910. Subsequently, if a depression degree of the acceleration pedal is greater than the degree threshold at step 911, the ACC is overridden by the driver's operation at step 912 and then the routine 900 goes to the end. If the acceleration pedal is not depressed (S910: No) or the depression degree is not greater than the degree threshold (S911: No), the routine 900 goes to the end and returns to step S501 in FIG. 5.” (Col 7 Ln 26-38)
“FIG. 5 shows a flowchart for a routine 500 that activates the driver assistance features. The routine 500 begins immediately after the vehicle system is started up (by ignition on). Firstly, the routine 500 sets a flag to “0” to initialize the status at step 501 and determines whether the activation switch 22 is turned on by the driver in step 502. If the activation switch 22 is turned on (S502: Yes), the routine 500 sets a flag to “1” at step 503. If the activation switch 22 is not turned on (S502: No), then a driver status determination is executed in step 504. At step 505, the routine 500 determines whether the abnormal situation is determined. If the abnormal situation is determined (S505: Yes), the routine 500 activates the driver assistance features automatically at step 506 and subsequently sets the flag to “2” at step 507. Conversely, if the abnormal situation does not exist or is no longer detected (S505: No), the routine verifies the driver assistance features is deactivated or suppressed automatically at step 508. In other words, if the driver assistance feature was previously activated due to the abnormal situation, the driver assistance feature is deactivated at step 508 because the driving safety feature is no longer needed. After the flagging at steps 503 and 507, the driver assistance features are performed at step 509. The routine 500 returns to step 501 and repeats until the vehicle system is shut down.” (Col 5 Ln 63-Col 6 Ln 19)
“The activation module 32 has a flag indicating how the driver assistance feature is activated. The flag “0” indicates the status is initialized. The flag “1” indicates the driver assistance feature is activated manually by the driver via the activation switch 22. The flag “2” indicates the driver assistance feature is activated automatically by the system based on the driver status.” (Col 4 Ln 20-26)
“FIG. 8 shows a flowchart for a routine 800 that performs the PCS which is executed at step 702 in FIG. 7. At step 801, the routine 800 determines whether the approaching object is detected based on the environmental sensors 14. If the approaching object is detected (S801: Yes), the routine 800 calculates a time-to-collision (TTC) at step 802. The routine 800 determines whether the flag is set to “1” or “2” at step 803. If the flag is set to “1”, a time threshold (Time_Th) is set to a first threshold at step 804. If the flag is set as “2”, the time threshold (Time_Th) is set to a second threshold longer than the first threshold at step 805. The routine 800 determines whether to trigger the actuation of the brake 44 by comparing the TTC with the time threshold at step 806. If the TTC falls below the time threshold (S806: Yes), the routine 800 calculates a target deceleration required to avoid colliding with the approaching object at step 807. Subsequently, the driver assistance controller 12 controls the brake 44 to generate the target deceleration at step 808 and then the routine 800 goes to the end. If the approaching object is not detected (S801: No) or the TTC does not fall below the time threshold (S806: No), the routine 800 goes to the end and returns to step S501 in FIG. 5.” (Col 6 Ln 50-Col 7 Ln 4)
“An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
Claim 10:
Sun explicitly teaches:
A vehicle driving control method that comprises executing deceleration support control to automatically decelerate a vehicle when it is determined that it is necessary to decelerate the vehicle based on driving conditions of the vehicle in a situation where a deceleration support control switch is on,
(Sun) – “An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
“The vehicle target operation module 30 receives the environmental data and the operation data to calculate a target behavior suitable for the environment. Depending on the target behavior, the vehicle target operation module 30 controls the vehicle actuators 18 and performs the driver assistance features by generating accelerating force, decelerating force, and/or steering force to steer the vehicle wheels. The driving assistance features assist the driver automatically or semi-automatically with driving the vehicle safely so as to approach the target behavior.” (Col 3 Ln 47-56)
“The activation module 32 determines whether the driver has activated the driver assistance features. The driver may activate or deactivate each of the driver assistance features individually via the activation switch 22 which may be disposed at the steering wheel. When the activation switch 22 is turned on, the activation module 32 determines that the driver has activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 to activate the driving assistance features. Conversely, when the activation switch 22 is turned off, the activation module 32 determines that the driver has not activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 not to activate the driver assistance features unless the DSM 24 determines the abnormal situation as describe below. That is, even when the activation switch 22 is turned off, the driver assistance features are activated automatically if the DSM 24 determines the abnormal situation.” (Col 4 Ln 3-20)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
wherein the vehicle driving control method further comprises executing the deceleration support control when it is determined that alertness level of a driver is equal to or less than a threshold value in a situation where the deceleration support control switch is off.
(Sun) – “An advanced driver assistance system of a vehicle for performing one or more driver assistance features includes an environmental sensor, a driving status monitor, an activation switch, and a driver assistance controller. The environmental sensor detects an environment surrounding the vehicle. The driver status monitor monitors the driver and determines an abnormal situation of the driver. The activation switch is operable by the driver for activating or deactivating the driver assistance features. The driver assistance controller performs the one or more driver assistance features for controlling the vehicle based on a target behavior, where the target behavior is defined based on the environment surrounding the vehicle. The driver assistance controller activates the driver assistance features when the driver status monitor detects the abnormal situation with the activation switch set to deactivate.” (Abstract)
“The vehicle target operation module 30 receives the environmental data and the operation data to calculate a target behavior suitable for the environment. Depending on the target behavior, the vehicle target operation module 30 controls the vehicle actuators 18 and performs the driver assistance features by generating accelerating force, decelerating force, and/or steering force to steer the vehicle wheels. The driving assistance features assist the driver automatically or semi-automatically with driving the vehicle safely so as to approach the target behavior.” (Col 3 Ln 47-56)
“The activation module 32 determines whether the driver has activated the driver assistance features. The driver may activate or deactivate each of the driver assistance features individually via the activation switch 22 which may be disposed at the steering wheel. When the activation switch 22 is turned on, the activation module 32 determines that the driver has activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 to activate the driving assistance features. Conversely, when the activation switch 22 is turned off, the activation module 32 determines that the driver has not activated the driving assistant features. The activation module 32 informs the vehicle target operation module 30 not to activate the driver assistance features unless the DSM 24 determines the abnormal situation as describe below. That is, even when the activation switch 22 is turned off, the driver assistance features are activated automatically if the DSM 24 determines the abnormal situation.” (Col 4 Ln 3-20)
“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Examiner Note: determining an abnormal situation based on at least one of the criteria described above being satisfied corresponds with the threshold.
Claim 11:
Rejected for the same reasons as Claim 2
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.
Claim(s) 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US9308914) in view of Ito (US20230192097).
Claim 7:
Sun teaches the respective limitations of Claim 6. Sun further teaches:
wherein the electronic control unit is configured to execute the deceleration support control when the driver does not respond to the proposal [within a reference response time].
(Sun) –“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Sun does not explicitly teach:
within a reference response time
Ito, in the same field of endeavor of driver assistance, teaches:
within a reference response time
(Ito) – “It is assumed that the VCECU 20 continues determining that the driver is in the distracted state, in a period from the time point t0 to a time point t1 at which a first determination time Td1 elapses from the time point t0. At the time point t1, the VCECU 20 performs “a first alert notification for enhancing the driver’s attentiveness” in order to cause the driver to return to the normal state from the distracted state.” (Para 0107)
“It is assumed that the VCECU 20 continues determining that the driver is in the distracted state, in a period from the time point t1 to a time point t2 at which a second determination time Td2 elapses from the time point t1. At the time point t2, the VCECU 20 determines that the distracted condition becomes satisfied, and starts (performing) the acceleration suppressing control and a second alert notification.” (Para 0111)
“It is assumed that the VCECU 20 continues determining that the driver is in the distracted state, in a period from the time point t2 to a time point t3 at which the abnormality determination time Tad elapses from the time point t2. At the time point t3, the VCECU 20 determines that the driver has fallen into the abnormality state, and starts (performing) the deceleration control and a first warning.” (Para 0114)
“Step 720: the CPU determines whether or not the value of the abnormality determination time timer TMad is smaller than an abnormality determination threshold Tadth.” (Para 0200)
“The abnormality determination threshold Tadth has been set to a value that the abnormality determination time timer TMad reaches when the abnormality determination time Tad elapses from the time point at which the distracted condition becomes satisfied.” (Para 0201)
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Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the advanced driver assistance system of Sun with the vehicle control apparatus of Ito. One of ordinary skill in the art would have been motivated to make these modifications with a reasonable expectation of success, in order “to provide a vehicle control apparatus capable of decreasing a possibility that an inter-vehicle distance between the following vehicle and the host vehicle suddenly becomes shorter, and capable of preventing the host vehicle from accelerating, when the driver of the host vehicle is in the distracted state.” (Ito Para 0008)
Claim 9:
Sun teaches the respective limitations of Claim 1. Sun further teaches:
the electronic control unit is configured to determine that the alertness level is equal to or less than the threshold value when a condition where the alertness level is equal to or less than the threshold value [continues for a reference duration time or longer].
(Sun) –“The driver status module 34 receives driver status data from the DSM 24 to determine the abnormal situation. The DSM 24 is installed in the vehicle cabin to monitor the driver. As shown in FIG. 4, the DSM 24 employs one or more activity sensors such as a driver-facing camera 48, a health scanner 50, and an instrument panel 52 to monitor activities performed by the driver. Based on the activity sensors 48, 50, and 52, the driver status module 34 determines whether the driver is, for example, distracted, sick, or drowsy as the abnormal situation.” (Col 4 Ln 27-36)
“The driver assistance features performed by the driver assistance controller 12 include, for example, a pre-collision safety brake (PCS), an adaptive cruise control (ACC), a lane keeping assistance (LKA).” (Col 5 Ln 9-12)
“The determination of the driver status 600 determines whether the driver is undergoing the abnormal situation based on the DSM 24. At step 601, the routine 600 determines whether the driver is drowsy. For example, data from the driver-facing camera 36 is used to determine whether the driver is drowsy. At step 602, the routine 600 determines whether the driver is suffering from a severe physical condition or episode, such as heart attack. For example, data from the health scanner 50 is used to determine whether the driver is suffering from the severe physical condition. At step S603, the routine 600 determines whether the driver is distracted. For example, data from the instrument panel 52 and the user identifier 54 is used to determine whether the driver is involved in secondary tasks that are potentially distracting. If at least one of the criteria described above is satisfied (S601, S602, S603: Yes), the abnormal situation is determined in step 604 and then the routine 600 goes to the end. If none of the criteria is met then, there is no abnormal situation and the routine 600 determine as a normal situation at step 605 and then the routine 600 goes to the end.” (Col 6 Ln 21-41)
Sun does not explicitly teach:
continues for a reference duration time or longer
Ito, in the same field of endeavor of driver assistance, teaches:
continues for a reference duration time or longer
(Ito) – “Step 720: the CPU determines whether or not the value of the abnormality determination time timer TMad is smaller than an abnormality determination threshold Tadth.” (Para 0200)
“The abnormality determination threshold Tadth has been set to a value that the abnormality determination time timer TMad reaches when the abnormality determination time Tad elapses from the time point at which the distracted condition becomes satisfied.” (Para 0201)
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565
722
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Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the advanced driver assistance system of Sun with the vehicle control apparatus of Ito. One of ordinary skill in the art would have been motivated to make these modifications with a reasonable expectation of success, in order “to provide a vehicle control apparatus capable of decreasing a possibility that an inter-vehicle distance between the following vehicle and the host vehicle suddenly becomes shorter, and capable of preventing the host vehicle from accelerating, when the driver of the host vehicle is in the distracted state.” (Ito Para 0008)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shimizu (US20190092321) teaches a similar driving support device.
Svensson (US20160339880) teaches a similar emergency braking assistant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID RUBEN PEDERSEN whose telephone number is (571)272-9696. The examiner can normally be reached M-Th: 07:00 -16:00 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado can be reached at (571) 270-5744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID RUBEN PEDERSEN/Examiner, Art Unit 3658
Prosecution Insights