Office Action 2: Notice of Allowance (2025-02-26)

CLAIMS:
AMENDMENTS TO THE CLAIMS

Please amend the claims as set forth in the following listing of claims. In the claim amendments below, deletions are shown by strikethrough or enclosure in \[\[double brackets\]\], and additions are underlined.

SVG {EMBED HERE} 0.216.503SVG {EMBED HERE} 0.1736.513
1\. (Currently Amended) A control device controlling a velocity of a vehicle, the control device comprising:
a scene determination unit determining a scene in which a visibility is limited by an occluding object at an intersection where a traveling road of the vehicle intersects with an intersecting road, the scene determination unit further determining whether the vehicle on the traveling road has a right of way; and
a control unit controlling the velocity of the vehicle by setting a maximum velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection when the vehicle on the traveling road has no right of way.

2\. (Original) The control device according to claim 1, further comprising:
a virtual moving object setting unit setting, within an area occluded by the occluding object, an intersecting moving object at a position closest to the intersection; anda velocity evaluation unit setting a velocity of the intersecting moving object,SVG {EMBED HERE} 0.1530.46wherein, in response to the vehicle on the traveling road being determined to have the right of way, the control unit controls the velocity of the vehicle to not collide with the inters moving object based on the position and the velocity of the intersecting moving object.

3\. (Original) The control device according to claim 2, wherein the velocity evaluation unit sets a reasonably foreseeable velocity as the velocity of the intersecting moving object.

4\. (Original) The control device according to claim 3, wherein,when the intersecting moving object is closer to the intersection than the vehicle, the velocity SVG {EMBED HERE} 0.0770.063evaluation unit sets, as the reasonably foreseeable velocity of the intersecting moving object, at least one of (i) a maximum velocity under a condition that the intersecting moving object Page 2 of 11 can stop immediately before the intersection, (ii) a legal speed, (iii) an average value of velocities of vehicles travelling on a same road as the intersecting moving object, (iv) a maximum value among the velocities of the vehicles travelling on the same road as the intersecting moving object,SVG {EMBED HERE} 0.216.503SVG {EMBED HERE} 0.1736.513or (v) a minimum velocity among the velocities (i) to (iv), and
the control unit controls the vehicle to travel at the velocity, an upper limit of which is set to avoid a collision with the intersecting moving object.

5\. (Original) The control device according to claim 3, wherein,
when the vehicle is closer to the intersection than the intersecting moving object, the velocity evaluation unit sets, as the reasonably foreseeable velocity of the intersecting moving object, at least one of (i) a maximum velocity under a condition that the intersecting moving object can stop immediately before the intersection, (ii) a legal speed, (iii) an average value of velocities of vehicles travelling on a same road as the intersecting moving object, (iv) a maximum value among the velocities of the vehicles travelling on the same road as the intersecting moving object, or (v) a maximum velocity among the velocities (i) to (iv), and
the control unit controls the vehicle to travel at the velocity, a lower limit of which is set to avoid a collision with the intersecting moving object.

6\. (Original) The control device according to claim 2, wherein,
when the visibility is limited by multiple occluding objects, for each of areas occluded by the multiple occluding objects, the virtual moving object setting unit sets the intersecting moving object at the position closest to the intersection,
the velocity evaluation unit sets the velocity of each intersecting moving object, and
the control unit controls the velocity of the vehicle to not collide with each intersecting moving object based on the position and the velocity of each intersecting moving object.

7\. (Original) The control device according to claim 1, wherein,
when a distance from the intersection to a visible area of the intersecting road, which is not occluded by the occluding object, becomes longer than a predetermined threshold as the vehicle approaches the intersection, the control unit controls the velocity of the vehicle based on detection data of an intersecting moving object traveling on the intersecting road.
SVG {EMBED HERE} 0.216.503SVG {EMBED HERE} 0.1736.513
8\. (Currently Amended) A control device controlling a velocity of a vehicle, the control device comprising:
a virtual moving object setting unit setting, in a scene where a visibility is limited by an occluding object at an intersection where a traveling road of the vehicle intersects with an intersecting road, an intersecting moving object at a position closest to the intersection within an area occluded by the occluding object;
a velocity evaluation unit setting a velocity of the intersecting moving object, wherein the velocity evaluation unit sets, as the velocity of the intersecting moving object, a maximum velocity at which the intersecting moving object can stop before the intersection in a case where the intersecting moving object has no right of way at the intersection; and
a control unit controlling the velocity of the vehicle to not collide with the intersecting moving object based on the position and the velocity of the intersecting moving object.

9\. (Currently Amended) A control method that controls a traveling of a vehicle, the control method comprising:
identifying, with a control device, a scene where a visibility is limited at an intersection where a traveling road of the vehicle intersects with an intersecting road;
determining, with the control device, whether the vehicle has a right of way at the intersection; and
controlling, with the control device, the vehicle by setting a maximum velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection in response to determining that the vehicle has no right of way at the intersection.

10\. (Currently Amended) A control method that controls a traveling of a vehicle, the control method comprising:
identifying, with a control device, a scene where a visibility is limited by an occluding object at an intersection where a traveling road of the vehicle intersects with an intersecting road;
assuming, with the control device, an intersecting moving object in an area occluded by the occluding object in the scene where the visibility is limited at the intersection;
assuming, with the control device, a velocity of the intersecting moving object; andSVG {EMBED HERE} 0.216.503SVG {EMBED HERE} 0.1736.513controlling, with the control device, the vehicle to not collide with the intersecting moving object based on the assumed intersecting moving object,
wherein a maximum velocity at which the intersecting moving object can stop before the intersection is set as the velocity of the intersecting moving object in a case where the intersecting moving object has no right of way at the intersection.

11\. (Currently Amended) A control program product stored in a computer-readable non- transitory storage medium, the control program comprising instructions to be executed by at least one processor of a control device for controlling a velocity of a vehicle, the instructions comprising:
identifying, with the control device, a scene where a visibility is limited at an intersection where a traveling road of the vehicle intersects with an intersecting road;
determining, with the control device, whether the vehicle has a right of way at the intersection; and
controlling, with the control device, the vehicle by setting a maximum velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection in response to determining that the vehicle has no right of way at the intersection.

12\. (Currently Amended) A control program product stored in a computer-readable non- transitory storage medium, the control program comprising instructions to be executed by at least one processor of a control device for controlling a velocity of a vehicle, the instructions comprising:
setting, with the control device, an intersecting moving object in a scene where a visibility is limited by an occluding object at an intersection where a traveling road of the vehicle intersects with an intersecting road, the intersecting moving object being set at a position closest to the intersection within an area occluded by the occluding object;
setting, with the control device, a velocity of the intersecting moving object; and
controlling, with the control device, the velocity of the vehicle to not collide with the intersecting moving object based on the position and velocity of the intersecting moving object,
whereinSVG {EMBED HERE} 0.1736.513SVG {EMBED HERE} 0.216.503a maximum velocity, at which the intersecting moving object can stop before the intersection, is set as the velocity of the intersecting moving object in a case where the intersecting moving object has no right of way at the intersection.
13\. (New) The control device according to claim 1, wherein the maximum velocity (viimir) of the vehicle is calculated by the following expression:Vlimit=SVG {EMBED HERE} 0.3731.763 - (a + b)p wherein a is a maximum accelerator value during an idling state,
p is a reaction time,
b is a strength of brake, and
dsrop is a distance from the intersection to the vehicle.
14\. (New) The control device according to claim 8, wherein the maximum velocity (vimit) of the intersecting moving object is calculated by the following expression:Vlimit=SVG {EMBED HERE} 0.3731.763 - (a + b)p wherein a is a maximum accelerator value during an idling state,
p is a reaction time,
b is a strength of brake, and
dsrop is a distance from the intersection to the intersecting moving object.

15\. (New) The control device according to claim 8, wherein the control unit determines whether the vehicle can enter the intersection according to a visible range of the intersecting road, and then sets the intersecting moving object in response to determining that the vehicle can enter the intersection.Application No. 18/150,107 Attorney Docket Number D2203.11161US01
SVG {EMBED HERE} 0.146.513
16\. (New) The control method according to claim 9, wherein the control device comprises an electronic control unit, which includes a processor and a non-transitory tangible storage medium, and
the vehicle is equipped with the control device.

OFFICE ACTION:
EXAMINER'S AMENDMENT
1.	An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
2.	Authorization for this examiner’s amendment was given in an interview with Andrew Lee (Reg# 62005) on February 12, 2025.
3.	The application has been amended as follows:
CLAIM 9, LINE 7: before “controlling” inserted --automatically--;
CLAIM 10, LINE 8: before “controlling” inserted --automatically--;
CLAIM 11, LINE 9: before “controlling” inserted --automatically--;
CLAIM 12, LINE 10: before “controlling” inserted --automatically--.
The above changes were made to overcome a 101 rejection to clearly distinguish over an interpretation in which a human driver of a vehicle evaluates in their mind an approaching intersection and decides how to safely proceed.
Reasons for Allowance
4.	The following is an examiner’s statement of reasons for allowance:
Claims 1-16 are distinguishable over the prior art insofar as the prior art of record does not disclose or reasonably suggest, in combination with the other claimed limitations, controlling the velocity of the vehicle by setting a maximum velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection when the vehicle on the traveling road has no right of way.
5.	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 submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
6.

APPLICANT REBUTTAL: REMARKS
In response to the Office Action dated October 8, 2024, Claims 1 and 8-12 have been amended. Claims 13-16 have been added. No new matter is believed to have been added by way of these amendments and new claims.
Accordingly, Claims 1-16 are currently pending for consideration. Applicant respectfully requests reconsideration in view of the remarks set forth below.
A.
Claim Inter
p
retation under 35 U.S.C.
§
f)
The Office Action alleges that the claims invoke 35 U.S.C. § 112(f) because the claims allegedly recite a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Applicant does not concede to the Office's assertion that the claims invoke 35 U.S.C. § 112(f) but acquiesces to the claims being interpreted under 35 U.S.C. § 112(f) for examination purposes.
B.
Claim Rejections under 35 U.S.C.
X101
The following remarks are not to be used for claim construction or any other similar purpose, but are presented solely in connection with the § 101 analysis. Applicant further reserves the rights to make additional arguments.
The Office Action asserts that the Claims 9-12 were rejected under 35 U.S.C. § 101 because the claims are allegedly directed to non-statutory subject matter. Applicant respectfully disagrees with the rejection and disagrees that the claims are directed to an abstract idea, as alleged by the Office.
Further, Claim 9 recites "controlling, with the control device, the vehicle to stop immediately before the intersection", which is not a mental process that can be performed in the human mind. Rather, "controlling, with the control device, the vehicle to stop immediately before the intersection", is an integration of the alleged abstract idea into a practical application, which renders Claim 9 eligible subject matter. Therefore, Applicant respectfully requests reconsideration in view of the above remarks.
Notwithstanding the above remarks, Claim 16 has also been added which depends from Claim 9 and further integrates the alleged abstract idea into a practical application. Reconsideration in view of the new dependent claim is respectfully requested.
C.
Claim Re
j
ections under 35 U.S.C.
&
Claims 1-12 were rejected under 35 U.S.C. § 102(a)(1)/(2) as being anticipated by U.S. 2021/0061269 to Petroff et al. (hereinafter "Petroff').
Rationale of 35 U.S.C.
"For a prior art reference to anticipate a claim under 35 U.S.C. § 102, every element of the claimed subject matter must be
identically shown
in a single reference." Diversitech Corp. v. Century Steps, Inc., 850 F.2d 675, 677, 7 U.S.P.Q. 2d 1315, 1317 (Fed. Cir. 1988) (emphasis added). Further, the elements must be "arranged and combined as required by the claim." Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359 (Fed. Cir. 2008).
Independent Claim 1
Applicant respectfully disagrees with the rejection of Claim 1 but has amended the claim to expedite allowance. As amended, Claim 1 recites in part:
a control unit controlling the velocity of the vehicle by setting a maximum
velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection when the vehicle on the traveling road has no
right of way.
Applicant respectfully asserts that Petroff fails to disclose at least the above feature(s) of amended Claim 1. For example, Petroff does not teach the feature(s) "setting a maximum velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection".
In the rejection of Claim 1, the Office asserts that Petroff at [0033] teaches "the vehicle's rules for operation may require the AV 102 stop at the stop line 305 in all instances such as if a stop sign is positioned at the intersection 110; require the AV 102 to stop at the stop line 305 in some instances such as if a traffic signal positioned at the intersection 110 has an active red light".
Without acquiescing to the Office's interpretation of Petroff in view of Claim 1, Applicant respectfully asserts that Petroff only teaches that the AV 102 stops at the stop line 305. However, Petroff is silent in regards to "a maximum velocity" of the vehicle "at which the vehicle can stop immediately before the intersection" in regard to a "right of way". Merely requiring the AV 102 to stop at the stop line 305 does not teach "a maximum velocity", and more specifically "setting a maximum velocity, as an upper limit velocity of the vehicle, at which the vehicle can stop immediately before the intersection", as recited in amended Claim 1.
Therefore, for at least these reasons, Applicant respectfully asserts that Petroff fails to disclose each and every feature of amended Claim 1. Reconsideration and withdrawal of the rejection is respectfully requested.
Independent Claims 8-12
Applicant respectfully disagrees with the rejection of Claims 8-12 but has been amended the claims to expedite allowance. Claims 8-12 have been amended similarly as Claim 1.
Therefore, for at least the same reasons as asserted above with respect to amended Claim 1, Applicant respectfully asserts that Petroff fails to disclose each and every feature of amended Claims 8-12. Reconsideration and withdrawal of the rejection is respectfully requested.
Dependent Claims 2-7
Applicant respectfully disagrees with the rejections but submits that each of the dependent Claims 2-7 depends directly or indirectly on independent Claim 1. Thus, dependent Claims 2-7 incorporate by reference all the features of independent Claim 1. In view of the features as recited in the independent Claim 1, and in view of the additional features as recited in the dependent claims, Applicant respectfully submits that dependent Claims 2-7 are allowable for at least the reasons discussed above and their respective additional novel features. Although Applicant has not discussed specific features of all of the dependent claims in this response, Applicant does not necessarily agree with the characterizations and assessments made by the Examiner with respect to the dependent claims. Thus, Applicant respectfully submits that dependent Claims 2-7 are allowable.
D.
New Claims 13-16
New Claims 13-16 have been added. Applicant respectfully requests favorable consideration of the claims.
Attorney Docket Number D2203.11161US01
E.
No Disclaimers or Disavowals
Although the present communication may include alterations to the application or claims, or characterizations of claim scope or referenced art, Applicant is not conceding in this application that previously pending claims are not patentable. Rather, any alterations or characterizations are being made to facilitate expeditious prosecution of this application. Applicant reserves the right to pursue at a later date any previously pending or other broader or narrower claims that capture any subject matter supported by the present disclosure, including subject matter found to be specifically disclaimed herein or by any prior prosecution. Accordingly, reviewers of this or any parent, child or related prosecution history shall not reasonably infer that Applicant has made any disclaimers or disavowals of any subject matter supported by the present application.
F.
Charge Authorization
The Commissioner is hereby authorized to charge payment of any of the following fees that may be applicable to this communication, or credit any overpayment, to Deposit Account No. 50-5394: (1) any filing fees required under 37 C.F.R. § 1.16; (2) any patent application and reexamination processing fees under 37 C.F.R. § 1.17; and/or (3) any post issuance fees under 37 C.F.R. § 1.20. In addition, if any additional extension of time is required, which has not otherwise been requested, please consider this a petition therefor and charge any additional fees that may be required to Deposit Account No. 50-5394.
Respectfully submitted,