Ex Parte Deng et alDownload PDFPatent Trial and Appeal BoardSep 11, 201411548293 (P.T.A.B. Sep. 11, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte WEIWEN DENG, YONG H. LEE, and HAICEN ZHANG ____________ Appeal 2012-008679 Application 11/548,2931 Technology Center 3600 ____________ Before MURRIEL E. CRAWFORD, MICHAEL C. ASTORINO, and CYNTHIA L. MURPHY, Administrative Patent Judges. ASTORINO, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE The Appellants appeal under 35 U.S.C. § 134 from the Examiner’s decision rejecting claims 1–24 under 35 U.S.C. § 103(a) as unpatentable over Koibuchi (US 7,162,333 B2, iss. Jan. 9, 2007) and Applicants’ Admitted Prior Art, Spec. ¶¶ 25, 26, (hereinafter AAPA). We have jurisdiction over the appeal under 35 U.S.C. § 6(b). We REVERSE. 1 According to the Appellants, “[t]he real party in interest is GM GLOBAL TECHNOLOGY OPERATIONS, the assignee of record.” App. Br. 1. Appeal 2012-008679 Application 11/548,293 2 Claimed Subject Matter Claims 1 and 13 are the independent claims on appeal. Claim 1, reproduced below, is illustrative of the subject matter on appeal. 1. A system for lane centering control for a vehicle having a user-operable steering device, comprising: a set of sensors for sensing the vehicle speed, yaw rate, and steering device angle; a target path tracker configured for tracking the target path of the vehicle, wherein the target path is approximated by a polynomial equation having a first constant and a second constant, wherein the first constant is a function of a curvature of the lane ahead of the vehicle and the heading angle of the vehicle relative to the lane ahead, and wherein the second constant is a function of the heading angle of the vehicle relative to the lane ahead; a processor responsive to the set of sensors for predicting the path of the vehicle, wherein the set of sensors are disposed for establishing a predicted path of the vehicle; a controller responsive to the set of sensors, the target path tracker, and the processor, and productive of a lane centering control signal; and an active front steering actuator responsive to the control signal and productive of steering assistance to the steering device; wherein the controller comprises a processing circuit responsive to executable instructions for: producing the steering assistance to the steering device to reduce a difference between the predicted path and the target path, thereby serving to maintain lane centering of the vehicle. ANALYSIS The Examiner finds Koibuchi does not disclose, but that AAPA does disclose, “wherein the target path is approximated by a polynomial equation Appeal 2012-008679 Application 11/548,293 3 having a first constant and a second constant, wherein the first constant is a function of a curvature of the lane ahead of the vehicle and the heading angle of the vehicle relative to the lane ahead, and wherein the second constant is a function of the heading angle of the vehicle relative to the lane ahead,” as recited in independent claims 1 and 13. Answer 6, 10. The Appellants argue, and we agree, that Specification at ¶¶ 25, 26 do not admit anything more than “lane sensing system[s] (alternatively referred to as a vision sensor or vision sensing system),” are “available from a prior art.” Appeal Br. 5–8, Reply Br. 2–3. Accordingly, the Examiner’s finding that AAPA teaches the above-recited limitation of claims 1 and 13 is incorrect. Thus, the Examiner’s rejection of claims 1–24 as unpatentable over Koibuchi and AAPA is not sustained. DECISION We REVERSE the rejection of claims 1–24. REVERSED Klh Copy with citationCopy as parenthetical citation