Invalidity dossier

US 7454291

Driving control apparatus

Current assignee: Toyota Motor Corp

Added 9/24/2026, 2:57:28 PM

At a glanceNo PTAB challengesNo litigation on fileAutomotive (A)

Active provider: DeepSeek · deepseek-flash

Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll search for authoritative information on this specific patent number, including any litigation or docket activity.

US 7,454,291 — Analyst Summary

Scope note on search coverage: I searched for this exact number (and the exact string "7,454,291" / "7454291") against public patent databases and for CAFC/litigation docket references. Below I separate what is authoritative from the granted patent text / official bibliographic data from what I could not verify. I hit a tool-step limit before completing an exhaustive CAFC 2026 docket sweep, so docket coverage is partial — flagged explicitly in the last section.


1. Bibliographic data (as published/recorded)

Field Value
Patent number US 7,454,291 B2
Title Driving control apparatus
Patent type Utility (granted)
Application no. US 11/135,287
Pre-grant publication US 2005/0267684 A1 (published 2005-12-01)
Filing date 2005-05-24
Earliest priority date 2004-06-01 (JP priority)
Issue/grant date 2008-11-18
Inventors Seiji Kawakami; Satoru Niwa; Katsuhiko Iwazaki; Hiroaki Kataoka; Chumsamutr (listed as "Chumsamutr Rattapon" in the assignment record) Rattapon
Original assignee Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corp.)
Current assignee Toyota Motor Corp. (per Google Patents; listed assignee data is not a legal determination)
Legal status (per Google Patents, fetched 2026-09-24) Active; adjusted expiration 2027-07-14
Representative classifications B60K 31/00, 31/02, 31/04; B60K 35/00, 35/20, 35/28; B62D 15/025, 15/026, 15/029; B60K 2360/16, 2360/179
Cited prior art in the background Japanese Patent Application Laid-Open No. 7-104850 (lane keeping function)

Note the "adjusted expiration 2027-07-14" is later than the nominal 20-year date from the 2005-05-24 filing, consistent with a patent term adjustment (PTA) entry in the official record. I am reporting the recorded date literally and not reconciling it.


2. Abstract (verbatim substance)

The apparatus has a driving road keeping device that provides torque to a steering mechanism to keep the vehicle traveling at a predetermined position on a driving road; a setting device for setting a need or no-need for execution of that control; and a cruise control device for controlling driving force or speed so as to keep the vehicle in a predetermined driving state. Whether the driving road keeping control is executed is determined based on the setting state of the setting device and the control state of the cruise control device. A display indicating that the control of the driving road keeping device is "ready" is presented when that control is in an executable state upon a state change of either the setting state or the cruise control state. The "READY" display tells the driver which driver action (turning cruise control on, turning the lane-keep switch on, or changing the cruise set speed) will start the lane-keep assist function.


3. Plain-language claim overview

The specification (FIGS. 1–11, with activation-condition table in FIG. 2) describes a Toyota lane keeping device 1 with two modes — a lane departure warning function and a lane-keep assist function — selectable via a lane keep switch 5, and interacting with a cruise control system 10. The claims are directed to the notification/ready-state logic, and the numbered claims map onto the three "ready state" scenarios shown in FIGS. 8A–8C.

Independent claims: claim 1 (apparatus) and claim 10 (method). Claims 2–9 depend (directly or indirectly) on claim 1.

Claim 1 — the core apparatus claim. A driving control apparatus with three elements: (a) driving road keeping means that applies torque to a steering mechanism to keep the vehicle at a predetermined position on the driving road (i.e., lane-keeping assist); (b) setting means to set need/no-need for executing that control (the lane keep switch); and (c) cruise control means that controls driving force or vehicle speed to hold a predetermined driving state. Two added limitations: execution of the lane-keeping control is determined based on both the setting means' state and the cruise control state; and when the lane-keeping control becomes executable upon a state change of either the setting means or the cruise control, a display indicating a "ready" state is presented. This is the "READY mark" concept.

Claim 2 — "ready because cruise is off but would qualify if turned on" (FIG. 8B). The executable state is one where the setting means selects "need" AND the cruise control's activation setting switch is off (cruise inactive), while the lane-keeping control would become executable once cruise control runs. Plainly: the driver has lane-keep switched on, cruise is off, and turning cruise on would produce an in-range set speed — so READY is displayed to prompt the driver to switch cruise on.

Claim 3 — "cruise inactive" variant. Same structure as claim 2 but reciting the executable state as setting means selecting "need" and the cruise control being inactive, with the lane-keeping control executable upon execution of cruise control. ⚠️ As printed in the public claim text, claim 3 overlaps heavily with claim 2 and its sub-labeling ("(c)…(iii)…(b)") appears inconsistent/duplicative. I flag this as a drafting/printing anomaly in the record rather than asserting a definitive interpretation.

Claim 4 — depends on claim 3; speed-region flavor. The lane-keeping control operates within an activation speed region, and the ready state is when the cruise control target speed is set within that activation speed region.

Claim 5 — "ready because cruise is already active but lane-keep is switched off" (FIG. 8A). The executable state is one where the setting means sets no need for lane-keeping control AND the cruise control is active, with the lane-keeping control being executable. Plainly: cruise is already running in range, so READY prompts the driver to press the lane keep switch on.

Claim 6 — depends on claim 5; speed-region flavor. Adds that the ready state is the state in which the cruise control target speed is set within the lane-keeping activation speed region.

Claim 7 — "ready because the set speed is just outside the region" (FIG. 8C). The lane-keeping control is executable within an activation speed region, and the executable/ready state is one where the setting means sets need, the cruise control activation switch is on, and the cruise target speed is off (outside) the lane-keeping activation speed region. Plainly: cruise is on, lane-keep is on, but the set speed is out of range — READY tells the driver to change the set speed.

Claim 8 — related to claim 7, broader recitation. Executable state = setting means sets "need" AND cruise control is active, with the cruise target speed off the activation speed region. (Variant of claim 7 that omits the explicit switch-on limitation.)

Claim 9 — depends on claim 8; the "near the boundary" refinement. The cruise target speed is off the activation speed region but within a predetermined range from a threshold of that region. This captures the embodiment's "near region" concept (FIGS. 10–11, step 21): the READY mark is shown only when the mis-set speed could be brought into range by a single practical driver adjustment — e.g., one step of a stepwise speed setter, or a speed increment the driver perceives as a single operation.

Claim 10 — independent method claim. A method of performing (i) driving road keeping control (providing torque to a steering mechanism to keep the vehicle at a predetermined position on the driving road) and (ii) cruise control (controlling driving force or speed to keep a predetermined driving state). Whether the driving road keeping control is executed — as set by the setting means — is determined from the setting means' state and the cruise control state; and when the driving road keeping control is in an executable state upon a state change of either the setting state or the cruise control state, a display indicating a ready state is presented. This is the method counterpart of claim 1. ⚠️ The public claim text I retrieved truncates claim 10 mid-limitation, and I did not confirm whether further dependent method claims (11+) follow. Treat the tail of the claim set as unverified.

Claim-set structure caveat: public sources render claims 3–9 with some internal cross-labeling inconsistencies (duplicated sub-labels like "(i)"/"(b)"). Anyone relying on the claim boundaries for infringement or validity work should read the granted patent's official claim sheet (USPTO PatentCenter/Global Dossier) rather than the third-party reproductions.


4. Litigation and CAFC 2026 docket check — uncertain / not found

  • The Google Patents record for this patent displays a Darts-ip "Family has litigation — First worldwide family litigation filed" link (family ID 34978880). That is an auto-generated platform link rather than a case citation; it does not name a court, case number, or party, and it does not identify a US case involving 7,454,291 specifically.
  • I found no CAFC 2026 docket entry, and no district court complaint or IPR petition, that names U.S. Patent 7,454,291 in the results I was able to retrieve. I therefore cannot confirm any litigation or appeal involving this patent, and I explicitly do not assert that none exists.
  • Number-confusion warning (important): several search hits involve different patents with superficially similar numbers, and these must not be attributed to 7,454,291:
    • 7,747,291 — asserted by Fleet Connect Solutions LLC (E.D. Tex., e.g., 2:24-cv-01024) — a different patent.
    • 11,813,291 ("the '291 Patent") — Nivagen v. Amneal, a pharmaceutical patent — a different patent.
    • Toyota-related AutoConnect patent suits referencing an "'491" patent — the complaints I retrieved concern Toyota's infotainment/multimedia accused products and a different patent number, not 7,454,291.
  • Per your standing rule, I have not auto-corrected any of these numbers, and I have kept 7,454,291 distinct from them.

Bottom line on the legal check: Authoritative bibliographic and claim data for 7,454,291 is solid (it is a Toyota lane-keeping/cruise-control "READY state" display patent, filed 2005-05-24, issued 2008-11-18). I do not have authoritative confirmation of any specific litigation or CAFC 2026 appeal involving this patent, and the Darts-ip flag on the Google Patents page is not sufficient to establish one. If you need a definitive docket answer, the next step is a direct PACER/Darts-ip/PTAB query on the patent number and its family ID 34978880.

Generated 9/30/2026, 4:53:17 AM

Cases on file (0)

Specific litigation cases in our database that name US patent 7454291. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll search for litigation involving US patent 7454291. Let me run several searches.

Initial searches only returned the patent document itself. Let me search litigation-specific databases.

Litigation Search Results for US Patent No. 7,454,291

Bottom line: I could not identify any confirmed litigation specifically asserting US Patent No. 7,454,291 ("Driving control apparatus," Toyota Motor Corp., granted 2008-11-18, application 11/135,287, priority 2004-06-01).

What the record itself shows

The authoritative Google Patents record for US 7,454,291 contains a metadata flag that I must report literally and without correction:

Field Value as listed
"Family has litigation" Present on the record
"First worldwide family litigation filed" Present
Linked litigation dataset Darts-ip, https://patents.darts-ip.com/?family=34978880
Legal status Active, adjusted expiration 2027-07-14

The "family has litigation" flag is a family-level indicator populated from Darts-ip's global coverage. It does not by itself establish that US 7,454,291 (the US member) was asserted in a US district court or the CAFC. It could equally reflect a proceeding involving a foreign family member (e.g., a counterpart in the JP/EP family). I could not retrieve the underlying Darts-ip case records to confirm which member, which forum, or which parties — so I will not speculate.

What my searches did and did not find

Searches on the patent number itself, on the number in litigation databases and the Unified Patents portal context, and on Toyota patent-suit terms returned no hit tying 7,454,291 to a case caption. Every Toyota patent case surfaced involved different patents, and none asserted the '291 patent:

  • Paice LLC v. Toyota Motor Corp., Nos. 2:04-CV-211 (E.D. Tex.) / Fed. Cir. 2007 (hybrid-drive patents, e.g., U.S. 5,477,970 family)
  • Solomon Technologies, Inc. v. Toyota and the related ITC/Fed. Cir. proceeding (524 F.3d 1310) (hybrid transmission)
  • IDT v. Toyota (U.S. 7,300,194; 7,384,177; 7,321,547 — navigation displays)
  • American Vehicular Sciences LLC v. Toyota (e.g., U.S. 8,024,084; 8,036,788)
  • Affinity Labs v. Toyota (U.S. 8,588,680; 8,564,191 — audio systems)
  • Wireless Future Technologies / WiLAN v. Toyota (LTE/telematics patents)
  • Bunker Hill Technologies, LLC v. Toyota Motor Corp. et al., Civil Action 2:25-cv-01133 (E.D. Tex., filed Nov 18, 2025) — asserting U.S. 10,291,158; 10,374,529; 10,442,296; 10,549,648; 11,374,508; 8,030,884; 8,086,364; 8,326,467; 9,914,365. Note: 10,374,529 is a different patent from 7,454,291 and is not to be confused with it.
  • Modena v. Toyota (2:25-cv-00492, E.D. Tex. — MiTAC navigation/display patents)
  • Cellport Systems v. Toyota (U.S. 5,732,074 and others)

None of the above lists 7,454,291 as a patent-in-suit.

Required case-by-case table

Because no case identified by name asserts 7,454,291, I cannot populate plaintiff/defendant/jurisdiction/case number/filing date/outcome fields for it. Supplying such a table would require fabricating case data, which I will not do.

Patent asserted Plaintiff Defendant Jurisdiction Case No. Filed Status
(none identified) — — — — — —

Recommended verification steps

To resolve the discrepancy between the family-level flag and the absence of a US case record, check:

  1. Darts-ip directly using family ID 34978880 (subscription required) — this is the source Google Patents cites.
  2. USPTO PatentCenter / Assignment for US 11/135,287 to identify any reissue, reexamination, or assignment that might have triggered a dispute.
  3. PACER / CourtListener RECAP docket search on "7,454,291" as a full-text term.
  4. Unified Patents Portal (portal.unifiedpatents.com/litigation) and the Stanford NPE Litigation Database — my attempt to query these returned generic Unified Patents material and unrelated cases, not a match for '291.
  5. Foreign registers (EPO, JPO) for the family members, in case the Darts-ip entry is a non-US proceeding.

Caveats

  • I applied the strict rule: 7,454,291 was searched and interpreted literally. I did not treat 10,374,529 (Bunker Hill) or any similar number as a match.
  • My searches were limited in number and the litigation portals that would be dispositive (Darts-ip, PACER) are paywalled or not directly searchable via the tool used. The absence of results below is not proof that no litigation exists; it means no litigation was found in the sources I could reach.
  • Conclusion: No US litigation involving US 7,454,291 was confirmed, despite a "family has litigation" flag on the patent's Google Patents record that points to Darts-ip family 34978880.

Generated 9/30/2026, 4:53:06 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the canonical "no proceedings" baseline against public sources before writing the analysis.

The '291 hits so far are a different patent (3D NAND). Let me run targeted checks for both PTAB and litigation activity on this specific patent.

Let me run two final confirmation checks — one on the patent's litigation-family flag and one on the PTAB docket aggregators.

Proceedings overview

Zero AIA trial proceedings — the USPTO Open Data Portal returns no IPR, PGR, or CBM proceeding against US 7,454,291, and independent web searches (Google Patents/PTAB, PTAB E2E petition documents, Docket Alarm PTAB dockets, and PTAB filing round-ups) surfaced no petition, institution decision, or Final Written Decision involving this patent; breakdown is therefore 0 active / 0 claims invalidated / 0 claims sustained / 0 settled / 0 institution denied. Bottom line for a defendant: this patent has never been tested at the PTAB, so there is no canceled-claim ammunition to exploit and no estoppel to leverage — every claim is live and untested, but equally, no petitioner has ever shown the claims to be vulnerable.

No proceedings to itemize

Because the canonical list is empty, there is no {PROCEEDING_NUMBER} section to populate. I did not invent one. Here is what the verification search actually returned, so you can see the negative result is real and not an artifact:

Search target Result
USPTO ODP structured block (canonical) No AIA trial proceedings as of most recent ingest
Google Patents / PTAB petition corpus for "7,454,291" / "US7454291" Hits were a different patent — the NAND-flash '291 patent (Micron v. Yangtze Memory, IPR2024-00795/8xxx), which has nothing to do with this Toyota lane-keeping patent
"7454291" + PTAB / IPR / Final Written Decision No relevant hits; results concerned AutoConnect's asserted '034/'491/'560/'153/'764/'697/'186 patents and IDT's '547 patent
Docket Alarm PTAB docket for US7454291 No proceeding record found

One flag, unverified: the Google Patents family page for US 7,454,291 carries the boilerplate "Family has litigation — First worldwide family litigation filed" tag, linked to Darts-IP family 34978880. That is a family-level, worldwide flag. It does not establish a US PTAB proceeding, and it does not even establish US litigation — Darts-IP aggregates foreign suits, and this family includes EP 1 602 553 A3 (Toyota, "Driving support system and method," priority JP 2004162166). I could not confirm the identity, forum, or subject matter of that flagged litigation. Treat it as a lead to pull from Darts-IP or Lex Machina, not as an established fact, and certainly not as a PTAB proceeding.

Procedural posture notes specific to this patent

  • Pre-AIA patent, so the toolbox is narrow anyway. Application 11/135,287 was filed 2005-05-24 (priority 2004-06-01), well before the 2013-03-16 AIA cutoff. PGR was never available. CBM review was theoretically available during the transitional program, but that program sunset on 2020-09-16, and a lane-keeping/cruise-control apparatus is not a "financial product or service" under § 18(d)(1) — so CBM was never a realistic vehicle. IPR was and is the only AIA trial that could ever apply here.
  • Patent is still in force. Adjusted expiration 2027-07-14. So it remains assertable, and an IPR is not barred by expiry.
  • Roughly 18 years of "settled expectations." Under the Office's 2025 discretionary-denial practice (Acting Director Stewart's 2025-03-26 bifurcation memo and the subsequent "settled expectations" line of decisions, now continued under Director Squires' 2025-10-16 memorandum centralizing institution decisions with the Director), a patent in force for more than six years faces heightened discretionary denial risk. A patent granted 2008-11-18 is squarely in that zone.

Strategic summary

Claim status. Every claim of US 7,454,291 is untested — no claim is canceled, and no claim has been adjudicated valid or patentable by the PTAB. There is no narrowing certificate, no claim-amendment history from a trial, and no substituted claims. Practically, that means the full original claim set is on the table. I am deliberately not listing "surviving claims" or claim numbers here: no FWD exists, so any statement that claim 1 or any dependent claim "survived" would be fabricated. If you need the precise claim set, pull it from the patent's own claim listing rather than from any secondary source.

Estoppel landscape. Because no IPR was ever filed, § 315(e)(2) estoppel is a non-issue — there is no petitioner, no privy, and no "grounds raised or reasonably could have been raised" to point at. This cuts both ways:

  • Favorable: no prior petitioner is holding a monopoly on the best art, and no art has been "burned" by a prior Board decision. If you are being asserted against, you have the entire § 102/§ 103 prior-art universe available in district court and at the PTAB.
  • Unfavorable: you also get no free ride. No prior FWD gives you a ready-made invalidity roadmap, no claim constructions, and no expert report you can reuse.

Pattern signals. There is nothing to detect. No repeat petitioner (no petitioner at all), no serial IPR campaign, no patent-owner appeal activity at the Federal Circuit, and no defensive aggregator (Unified Patents, RPX, AST, LOT) in the chain that I could find for this patent. Toyota Jidosha K.K. remains the assignee per the ODP record, and there is no recorded assignment away to an NPE — consistent with this being a captive Toyota portfolio patent covering its own lane-keeping/cruise-control products rather than an assertion vehicle.

Why the silence matters. The prompt's heuristic is right: well-asserted patents eventually attract IPRs. Here the inverse is the more probable explanation — this is a Toyota-owned, product-practicing portfolio patent from 2004 covering a feature (lane-keep assist interlocked with radar cruise control) that Toyota shipped rather than licensed. Patents in that posture usually go unchallenged because they are never asserted against anyone. If a demand letter on this patent has reached you, that itself is the anomaly worth investigating (a reassignment to an assertion entity, or an assertion by a non-Toyota party), and I'd verify current ownership in the USPTO assignment record before doing anything else.

Recommended next steps

  1. Verify current ownership and any recorded assignments at USPTO PatentCenter/Assignment Search for application 11/135,287. The ODP record lists Toyota as current assignee, but confirm no recent transfer to an NPE — that is the single fact most likely to change your strategy.
  2. Pull the Darts-IP family 34978880 record (https://patents.darts-ip.com/?family=34978880) to identify what the "first worldwide family litigation" flag refers to — which jurisdiction, which party, which counterpart patent. If it is a foreign suit on the EP/JP counterpart, it may still be useful context on claim scope and prior art.
  3. Since there is no PTAB activity, say so plainly to the client and price the matter accordingly: there is no institution-decision deadline, no oral hearing, and no statutory FWD date to track, because no trial exists. Any litigation schedule you build will be a district-court schedule.
  4. If you are evaluating an IPR as a defense, front-load the discretionary arguments. Given this patent has been in force since 2008-11-18, an IPR petition would face a serious "settled expectations" headwind under current Office practice, on top of Fintiv-style concerns if there is a parallel case. Build the petition around (a) a compelling merits showing with art the Examiner never saw, and (b) any factor that defeats settled expectations (e.g., a recent transfer to a non-practicing owner, or an assertion campaign that has only just begun). Materials on the current institution regime: Willkie, "PTAB Announces New Institution Policy" (2025-10).
  5. If instead you are facing a demand letter and the patent truly is still Toyota's, the realistic paths are design-around, licensing, or negotiating from the position that the patent has never been adjudicated and its 2004-era claim scope is likely narrower than a modern reading (note the specification's reliance on then-current "white line" lane recognition and a cruise-control interlock — a much narrower technical footprint than today's ADAS stacks). A § 102/§ 103 district-court invalidity case remains fully available; the art simply has not been collected yet.

Confidence statement: I am highly confident there is no AIA trial proceeding on file for US 7,454,291 as of 2026-09-30, based on the canonical ODP block plus independent searches. I have not verified the Darts-IP litigation flag, and I have not independently confirmed the exact claim count or claim text of the patent from a primary source — do not rely on any claim-level characterization in this report as if it came from an FWD, because none exists.

Generated 9/30/2026, 4:53:20 AM

Ownership chain (2)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. 2005-05-24 · Assignment

    Kataoka, Hiroaki; Rattapon, Chumsamutr; Kawakami, Seiji; Iwazaki, Katsuhiko; Niwa, SatoruTOYOTA JIDOSHA KABUSHIKI KAISHA

    acquisition

  2. 2005-10-25 · Assignment

    Rattapon, Chumsamutr; Kawakami, Seiji; Iwazaki, Katsuhiko; Niwa, Satoru; Kataoka, HiroakiTOYOTA JIDOSHA KABUSHIKI KAISHA

    internal housekeeping

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll start by checking what can be verified from public sources beyond the authoritative patent text provided.

Let me make one more targeted attempt to retrieve the actual assignment record metadata.

Let me try to locate the specific assignment recordation documents for this patent.

Research note before the findings

I could not directly query USPTO Assignment Center (it is a JavaScript application and my fetch attempts returned no record payload for patent 7,454,291). The only authoritative assignment data I actually hold is the legal-events block inside the patent text you supplied, which is drawn from USPTO records. That block lists assignment events but does not expose reel/frame numbers or correspondents. I have therefore left those fields blank rather than fabricate them. Public web searches surfaced no post-issuance transfer of this patent and no NPE assertion naming US 7,454,291.


Inventors

Inventor Employer at time of filing
Seiji Kawakami Toyota Motor Corporation (Toyota Jidosha Kabushiki Kaisha) — all five conveyed their rights to Toyota per the recorded assignments
Satoru Niwa Toyota Motor Corporation
Katsuhiko Iwazaki Toyota Motor Corporation
Hiroaki Kataoka Toyota Motor Corporation
Chumsamutr Rattapon Toyota Motor Corporation

All five appear as assignors on both recorded assignment events (2005-05-24 and 2005-10-25), each conveying to Toyota Jidosha Kabushiki Kaisha. Employee status is inferred from the assignment itself, not independently confirmed for each individual.

Unusual-pattern check: No inventor-departure signal. There is no evidence in the available record of inventors leaving Toyota around filing, and no inventor-held reversion or subsequent individual assignment. The joint "Rattapon Chumsamutr" naming is a non-Japanese name in an otherwise Japanese inventor group — consistent with Toyota's overseas R&D staffing, not a red flag.

Original assignee

Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation), 1 Toyota-cho, Toyota-shi, Aichi-ken 471-8571, Japan.

  • Product embodiment: Yes. The claims cover a driver-assistance HMI concept — displaying a lane-keep-assist "READY" state conditioned on the interaction between a lane-keep switch and cruise control state. This is directly embodied in Toyota/Lexus Lane Departure Alert / Lane Tracing Assist and Dynamic Radar Cruise Control production systems, and in the multi-display of the combination meter described at FIGS. 6–9.
  • Line of business: Automotive manufacturing (passenger vehicles, trucks, powertrains, mobility).
  • Current status: Operating. Publicly traded (NYSE: TM / TSE: 7203). No bankruptcy, dissolution, or acquisition of the parent. Note the Google Patents record shows adjusted expiration 2027-07-14, i.e. the patent is still in force and maintenance fees appear paid — a maintenance-fee lapse/still-live check is a useful NPE tell, and here the patent is live and held by the original owner.

Assignment timeline

The authoritative source lists two assignment events, both inventor → Toyota, both within ~5 months of filing. All other legal events are filing/publication/grant entries, not conveyances.

  • 2005-05-24 (executed — same date as US filing) / recorded 2005-05-24 — Reel not exposed in source

    • Conveyance: Assignment (inventor-to-employer)
    • Assignor: Kataoka, Hiroaki; Rattapon, Chumsamutr; Kawakami, Seiji; Iwazaki, Katsuhiko; Niwa, Satoru
    • Assignee: Toyota Jidosha Kabushiki Kaisha
    • Correspondent: Not available in the authoritative source; not retrievable via my searches. Cannot be characterized as recurring or non-recurring.
    • Context: Initial acquisition — inventors pre-assign the application to Toyota at filing.
  • 2005-10-25 (executed) / recorded 2005-10-25 — Reel not exposed in source

    • Conveyance: Assignment (inventor-to-employer; confirmatory / second recording)
    • Assignor: Rattapon, Chumsamutr; Kawakami, Seiji; Iwazaki, Katsuhiko; Niwa, Satoru; Kataoka, Hiroaki (same five, order rotated)
    • Assignee: Toyota Jidosha Kabushiki Kaisha
    • Correspondent: Not available in the authoritative source.
    • Context: Internal housekeeping — a duplicate/confirmatory inventor assignment to the same assignee. Not a reorg, not a transfer of title to a third party.

No post-issuance assignments of any kind are recorded. No transfer to an LLC, no security agreement, no merger, no license recordation, no change of name. From 2005-10-25 through grant (2008-11-18) and to today, title has remained with Toyota.

Timeline diagram

timeline
    title Ownership of US 7454291
    2004 : Priority application filed in Japan
    2005 : US application filed by Toyota
         : Inventors assign rights to Toyota
         : Confirmatory assignment recorded
    2008 : Patent issued to Toyota Motor Corp
    2027 : Adjusted expiration

NPE / troll-pattern signals

  1. Shell-entity transfer — Not present. Both recorded assignments run from named individuals to Toyota Jidosha Kabushiki Kaisha, an operating automaker at a real corporate address. No "IP / Holdings / Licensing / Ventures" entity appears anywhere in the chain.

  2. Known asserter in the chain — Not present. No assignee matches Acacia, Marathon, IV, Wi-LAN/Conversant, Vringo, Pendrell, Round Rock, or any Unified Patents / RPX high-frequency plaintiff list. Toyota appears in the public record repeatedly as the defendant/target of NPE suits — American Vehicular Sciences LLC (E.D. Tex.), Signal IP, Phoenix Licensing, American GNC, AutoConnect, Emerging Automotive, Modena — which is the inverse of an asserter signal.

  3. Repeat correspondent across the chain — Unclear / not determinable. The authoritative source does not expose the correspondent of record for either 2005 assignment, and I could not retrieve it. I will not name a firm by inference. For context: Toyota-family recordings in this era were commonly filed through Washington-D.C. and Michigan prosecution firms (e.g. Kenyon & Kenyon; Gifford, Krass, Sprinkle, Anderson & Citkowski — both seen on unrelated Toyota assignments in my searches), but neither is confirmed for this patent, so no finding is made. Even if confirmed, a Toyota in-house prosecution firm filing two inventor assignments would be ordinary corporate practice, not an NPE tell.

  4. Cascading transfers — Not present. There are two assignments in ~5 months, but both are to the same assignee with the same five assignors. There is no chaining, no LLC-to-LLC hop, and no common-address pattern to assess.

  5. Pre-litigation transfer — Not present. There is no assignment at all, so nothing precedes any suit. Note the Google Patents record carries a "Family has litigation / First worldwide family litigation filed" flag (Darts-IP family 34978880). I could not resolve which parties that litigation involves, so it is recorded as an open item, not evidence of an arranged chain. Given Toyota is a frequent NPE defendant generally, the flag alone has no diagnostic value here.

  6. Bankruptcy fire-sale — Not present. Toyota has never been in Chapter 7/11; no reorganized-debtor or stalking-horse transfer appears in the record.

  7. Privateering — Not present. A privateering finding requires an operating company conveying to an NPE that then asserts for it. Toyota conveyed to nobody.

  8. Defensive aggregator (anti-NPE) — Not present as a chain endpoint, but note the practical effect: the patent sits with a large operating company, which is the same neutralization outcome in the sense that it is not in an assertion vehicle. No RPX / AST / LOT / Unified / OIN recordation exists.

Verdict

Insufficient data (no records beyond the original assignment).

Justification: the only conveyances of record are the two 2005 inventor-to-Toyota assignments (executed 2005-05-24 and 2005-10-25), both to Toyota Jidosha Kabushiki Kaisha, with no post-issuance transfer, no LLC assignee, and no correspondent data exposed in the authoritative source. Because the chain terminates at the original operating-company assignee and never leaves it, the case is definitionally "only the original assignment" — but the substantive read is the opposite of an NPE pattern: zero of the eight troll signals are affirmatively present, and the patent is live at adjusted expiration 2027-07-14 in Toyota's hands. The single unresolved item is the Darts-IP family-litigation flag, whose parties I could not identify.

Verify at:

Caveat: reel/frame numbers and correspondents of record for the two 2005 assignments are not present in the source text I was given and were not retrievable through web search; they should be read off the Assignment Center record directly before this analysis is relied on for any ownership opinion.

Generated 9/30/2026, 4:53:29 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research US 7,454,291's cited prior art. Let me run several searches.

Let me retrieve the specific citation lists from the patent's front page.

Prior-Art Analysis — US Patent No. 7,454,291

1. Patent identity confirmed (literal reading)

I verified US 7,454,291 against multiple independent sources before looking for art. All agree:

Field Value
Patent No. US 7,454,291 B2
Title "Driving control apparatus"
Application No. US 11/135,287
Filing date 2005-05-24
Priority date 2004-06-01 (JP)
Grant date 2008-11-18
Assignee Toyota Jidosha Kabushiki Kaisha
Inventors Kawakami, Niwa, Iwazaki, Kataoka, Rattapon
Pre-grant pub. US 2005/0267684 A1 (2005-12-01)
Claim count 11 (independent claims 1 and 10; method claim 10)

Sources: Google Patents (https://patents.google.com/patent/US7454291B2), FreePatentsOnline (https://www.freepatentsonline.com/7454291.html), Justia Patents (https://patents.justia.com/patent/7454291), uspto.report (https://uspto.report/patent/grant/7,454,291). Claim wording below is taken from the Justia claim set.

Important method note / disclosure of limitation. You asked me to look at "each patent citation for 7454291" — i.e., the examiner's "(56) References Cited" list on the front page. I was not able to retrieve that (56) list. The Google Patents rendering I could reach returns the Description, Claims, Abstract, and Classifications, but the front-page citation table did not come through in the retrieved text, and the FreePatentsOnline / uspto.report pages likewise did not surface the citation table in the retrieved snippets. My USPTO-focused searches kept returning other patents' citation lists.

Under the standing rule ("say so explicitly rather than fabricating"), I am not going to reconstruct a (56) list from memory or from numbers that merely look similar (e.g., the 10,374,529 / 10,292,158-type numbers from the earlier litigation section are unrelated and I am not treating them as citations). What follows is therefore split into (A) references I can actually confirm from the patent's own text, and (B) a structured verification path for the parts I could not confirm.


2. Reference confirmed from the patent's own specification

R1 — Japanese Patent Application Laid-Open No. 7-104850 (JP 7-104850 A)

Field Value
Full citation Japanese Patent Application Laid-Open No. 7-104850 (JP H7-104850 A)
Cited in US 7,454,291, Background of the Invention ("Related Background of the Invention"), and in the pre-grant pub. US 2005/0267684 A1 at the same passage
Publication date 1995 (Heisei 7), i.e., prior to the 2004-06-01 priority date — qualifies as prior art under § 102(b) (pre-AIA, >1 year before filing)
Subject matter A driving control apparatus having the lane keeping function — providing an additional steering force to keep the vehicle near the center of a lane to support the driver's steering operation

Description. This is the only reference the '291 specification expressly names as prior art. It is cited as the archetype of the lane-keeping-function driving control apparatus ("An example of the driving control apparatus is one having the lane keeping function of providing such an additional steering force as to keep a vehicle traveling near a center of a lane in order to support a driver's steering operation (Japanese Patent Application Laid-Open No. 7-104850)").

Anticipation analysis under § 102. R1 is a lane-keeping-only reference. It is relevant to the preamble environment of claim 1 — i.e., "driving road keeping means for providing a torque to a steering mechanism so as to keep a vehicle traveling at a predetermined position on a driving road." It cannot anticipate claim 1 (or claim 10) as a whole, because claim 1 requires the combination of (i) driving road keeping means, (ii) setting means, and (iii) cruise control means, plus the specific "ready state" display triggered "upon a state change of either (1) the setting state of the setting means or (2) the control state of the cruise control means." Nothing in R1 as characterized looks to a cruise-control interaction or a readiness display. R1 is best characterized as § 102 art only against the lane keeping element in isolation (not a claim), and as § 103 background for the general lane-keeping concept. Highest realistic relevance: background / § 103 combination material, not § 102 anticipation of any claim of 7,454,291.

Caveat: I confirmed this citation from the patent's text, but I could not independently open the JP 7-104850 document itself in this session, so the description above is drawn from how the '291 specification characterizes it.


3. Two other "prior art" categories named in the specification (non-patent, non-anticipatory)

The Background section also describes, without document citations, two further categories of known art. These are admitted prior art by the applicant's own characterization and are relevant to claim construction / § 103, but they are not patent citations and do not carry a document date I can pin down:

  • Lane departure warning art — encouraging the driver to avoid a departure via buzzer sound and/or warning display when departure from the lane is possible. Relevant to the "lane keeping device" that "automatically switch[es] between the lane keeping function and the lane departure warning function." Admitted prior art; relevant to claim 1's environment.
  • Cruise control art — providing additional braking/driving force to hold a driver-set vehicle speed or to track a preceding vehicle. This is the admitted-prior-art antecedent for claim 1's "cruise control means for controlling a driving force or speed of the vehicle so as to keep the vehicle in a predetermined driving state." Admitted prior art; relevant to claim 1 and claim 10.

Neither is anticipatory alone, because the novelty of the '291 claims resides in the interlock + readiness display: the display of a "ready state" of the lane-keep control presented "when the control ... is in an executable state upon a state change of either the setting state of the setting means or the control state of the cruise control means." That is the element any § 102 reference must disclose.


4. What the claims require (so any § 102 candidate can be tested)

From the confirmed claim set:

  • Claim 1 (independent, apparatus): driving road keeping means (torque to steering mechanism) + setting means (need/no-need for the keeping control) + cruise control means; need/no-need determined from the combination of the setting-means state and the cruise-control state; and a readiness display presented when the keeping control is in an executable state upon a state change of either the setting-means state or the cruise-control state.
  • Claim 2: the executable/ready state is (a)(i) setting means = need, (a)(ii) cruise setting switch OFF, and (b) keeping means executable with cruise execution.
  • Claim 5: the executable/ready state is (A)(iv) setting means = no-need, (A)(v) cruise active, and (B) keeping means executable.
  • Claim 7: readiness where setting means = need, cruise setting switch ON, and target speed off the keeping control's activation speed region.
  • Claim 9: target speed off the activation speed region but within a predetermined range of its threshold (the "near region" of FIG. 11 / step 21).
  • Claim 10 (independent, method): the method counterpart of claim 1.
  • Claims 3, 4, 6, 8, 11: dependent narrowing claims.

The features most likely to carry novelty are the conditional readiness display tied to a state change and the "near the activation speed region" trigger of claims 7/9. A § 102 reference would need to disclose the readiness annunciation, not merely the two subsystems.


5. Required § 102 mapping table (only what is confirmed)

# Reference Pub./Filing date Type Brief description Claim(s) it could potentially anticipate under § 102
R1 JP 7-104850 A (Japanese Patent Application Laid-Open No. 7-104850) Published 1995 (JP H7); pre-dates 2004-06-01 priority Foreign patent publication (patent citation expressly named in the '291 spec.) Driving control apparatus with a lane-keeping function: adds steering force to hold the vehicle near lane center to support driver steering None fully. Touches only the "driving road keeping means" element of claim 1 / claim 10. No cruise-control interlock and no readiness display ⇒ no anticipation of any claim. § 103 background only
R2 Admitted lane-departure-warning art (described in spec.; no document cited) Undated in the record Admitted prior art (text) Warns driver (buzzer/display) of a possible lane departure None as to claims 1–11; environment/§ 103 only
R3 Admitted cruise-control art (described in spec.; no document cited) Undated in the record Admitted prior art (text) Holds driver-set speed or tracks a preceding vehicle via braking/driving force None as to claims 1–11; environment/§ 103 ("cruise control means" element) only

I am deliberately not listing any U.S. or foreign patent numbers in this table beyond R1, because I could not verify that any such number appears in the '291 (56) list. Populating rows with unverified numbers would be fabrication.


6. Where the confirmed record and my findings differ — flag

Two points worth flagging explicitly, consistent with your instruction to surface contradictions:

  1. Earlier litigation section vs. this task. The earlier section concluded "no US litigation involving US 7,454,291 was confirmed," despite a family-level "has litigation" flag pointing to Darts-ip family 34978880. Nothing in this prior-art task contradicts that. Prior-art citations (a § 102/§ 103 question) and litigation assertions (a § 271 question) are independent; a dense citation list would not evidence litigation and its absence would not disprove it.
  2. Publication-number consistency. The '291 grant corresponds to pre-grant publication US 2005/0267684 A1 (2005-12-01), which matches the Google Patents "Other versions" field. I found no evidence of a reissue or reexamination altering the claim set, so the 11-claim set above should be treated as the operative claim set.

7. How to obtain the authoritative (56) list (recommended, since I could not)

Because the specific task is the examiner's citation list, and I could not retrieve it, the conclusive sources are:

  1. USPTO PatentCenter / Public PAIR, application 11/135,287 — the "References Cited" and "Patent Citations" tabs, plus the examiner's search history and any PTO-892/1449 forms. This is the ground truth for the (56) list.
  2. USPTO Patent Full-Text (PatFT) / Patent Public Search — enter 7,454,291 (patent) and read "References Cited."
  3. Google Patents "Patent Citations" section for US7454291B2 — I reached the page but the citation table did not render in the retrieved text; a direct browser view should show it.
  4. Espacenet / Global Dossier for the same family (the "Other versions"/family link) — the IDS-equivalent and European search report often mirror the US citations.
  5. FreePatentsOnline 7454291.html — its "Patent Citations" / "Referenced By" tables.

Once the (56) list is in hand, the § 102 test to apply to each entry is the one set out in § 4 above: does the reference disclose (a) both subsystems and (b) the conditional readiness display triggered by a state change of the lane-keep switch or the cruise-control state? If a reference shows only subsystem coexistence without the readiness annunciation, it is § 103 combination material, not § 102 anticipation.


Bottom line

  • US 7,454,291 is confirmed as Toyota's "Driving control apparatus," app. 11/135,287, priority 2004-06-01, granted 2008-11-18, 11 claims.
  • The only prior-art reference I can confirm from the patent's own text is JP 7-104850 A (lane-keeping driving control apparatus, 1995). It is not anticipatory of any claim — at most § 103 background for the "driving road keeping means" element.
  • The complete examiner (56) citation list could not be retrieved in this session. I have not invented one. Retrieving the PTO-892/IDS via PatentCenter for app. 11/135,287 is the required next step to complete the claim-by-claim § 102 mapping you asked for.

Generated 9/30/2026, 4:53:39 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this analysis in the actual prior-art record. Let me search for the references cited against this patent.

Good — I now have the cited-reference list. Let me characterize the key references so the obviousness analysis rests on verified disclosures rather than assumptions.

Obviousness Analysis — U.S. Patent No. 7,454,291 B2

"Driving control apparatus" (Toyota Jidosha K.K.; app. 11/135,287; filed 2005‑05‑24; JP priority 2004‑06‑01; granted 2008‑11‑18)

Legal framework applied. The application was filed before 16 March 2013, so the pre‑AIAA 35 U.S.C. § 103(a) governs, with the effective filing date of 2004‑06‑01 (perfected JP priority) as the critical date. The analysis follows Graham v. John Deere, 383 U.S. 1 (1966) (scope/content of the prior art; differences; level of ordinary skill; secondary considerations) as refined by KSR Int'l v. Teleflex, 550 U.S. 398 (2007), and MPEP § 2143. Under KSR, teaching‑suggestion‑motivation is one permissible rationale among several; a claimed combination may be obvious where it is a predictable use of prior‑art elements according to known methods, a mere application of a known technique to a similar device ready for improvement, or a design choice driven by known market forces.

Level of ordinary skill (proposed). A PHOSITA here would hold a B.S. in mechanical or electrical engineering (or equivalent), with roughly 2–3 years of experience in vehicle driver‑assist systems (lane keeping, adaptive cruise control) and the associated driver‑vehicle interface/HMI. This is the level consistent with the reference art below, which is entirely in the lane‑keeping and cruise‑control fields by 1993–2004.


1. The prior-art record actually of record on this patent

The "Referenced Cited" list on the granted patent (as reproduced by Justia, https://patents.justia.com/patent/7454291, fetched 2026‑09‑24) is the authoritative source for what the examiner had before him. It contains the following, with my verification status noted:

Reference Date Subject matter (as I could verify) Verification status
US 5,245,422 (Borcherts et al.) 1993‑09‑14 "System and method for automatically steering a vehicle within a lane in a road." Camera + image processing + steering control to hold the vehicle in the lane; system initiates automatic steering when the driver has actuated both the cruise control switch and the steering control switch (claims 16, 22). ✅ Verified from retrieved claim text
US 5,765,116 (Wilson‑Jones et al.) 1998‑06‑09 "Driver assistance system for a vehicle." Electric motor applies steering bias torque to hold lane position; specification defines a "ready for engagement" condition — a boolean evaluation of driver torque, curvature, heading angle, steer angle, lane width, lateral position error — plus "disengagement" conditions. ✅ Verified from retrieved text
US 6,370,471 (Lohner et al.) 2002‑04‑09 Lane/road recognition-related (Bosch). ⚠️ Not verified — full text not retrieved
US 6,853,884 (Sadano) 2005‑02‑08 Vehicle travel/lane-related control. ⚠️ Not verified
US 7,317,973 (Dieterle) 2008‑01‑08 Driver-assist; post-dates the 2005 filing on its face. Not usable as §102(a)/(b) art absent an earlier filed/published application; its presence on the list is anomalous and I flag it rather than rely on it. ⚠️ Post-dating; flagged
US 2002/0133285 A1 (Hirasago) 2002‑09‑19 Likely vehicle driving-control/display subject matter. ⚠️ Not verified
EP 1 074 904 A 2001‑02 Same field as, and apparently a family sibling of, the automated lane‑following system I verified via EP 1 074 903 B1 / US 6,580,986: steering‑bias lane following with an "automated lane‑following selector switch" and a display (122) that indicates system state — "searching" / "accept" — as the system locates lane markings after the switch is turned on. ⚠️ Substance verified via sibling documents; the exact citation EP 1 074 904 not directly opened
JP A 7‑104850 1995‑04 Admitted in the patent's own Background as disclosing the lane keeping function ("providing such an additional steering force as to keep a vehicle traveling near a center of a lane"). ✅ Admitted by applicant
JP A 7‑105498 1995‑04 — ⚠️ Not verified
JP A 2001‑10518 2001‑01 — ⚠️ Not verified
JP A 2002‑219970 2002‑08 — ⚠️ Not verified
JP A 2003‑026025 2003‑01 — ⚠️ Not verified

Disclosure caveat I must state plainly: I was stopped by a tool‑step limit before retrieving the full text of Lohner, Sadano, Dieterle, Hirasago, or the four JP documents. The grounds below therefore rest primarily on Borcherts, Wilson‑Jones, and the EP 1 074 904 family, which I did verify. I have not invented disclosures for the unverified references, and I do not assert what they teach.

Builds on the earlier sections: the patent summary identified claims 1–9 (apparatus) and 10 (method) and the three FIG. 8A/8B/8C ready‑state scenarios. That is consistent with the claim text I re‑retrieved (claims 1, 2, 4, 8 reproduced on Justia). No contradiction — only an extension: the earlier summary listed JP 7‑104850 as the sole background reference; the fuller cited list above supersedes that as a bibliographic matter.


2. What the claims add over the art

The only element of claim 1 not plainly in the lane‑keeping art per se is the output limitation: a display indicating a ready state, presented when the lane‑keeping control is executable upon a state change of either the lane‑keep setting means or the cruise control state. Everything else — torque‑to‑steering lane keeping, a need/no‑need setting switch, cruise control, and execution conditioned on both — is squarely old.

Two admissions in the applicant's own specification are decisive framing:

"the lane keeping device in this structure is configured to automatically switch between the lane keeping function and the lane departure warning function in conjunction with working situations of the cruise control device. In such cases, the driver is unable to recognize how the two functions are switched or whether it is possible to switch the presently active function to the other function presently inactive."

That is an applicant admission that (a) the lane‑keep/cruise‑control interdependence existed in the art, and (b) the problem to be solved (driver mode confusion) was known. Under KSR, an admitted known problem plus a known technique for solving it is the paradigm of obviousness.


3. Proposed § 103 grounds

Ground 1 — Claim 1: Borcherts + EP 1 074 904 (family of US 6,580,986), optionally + Wilson‑Jones

Claim 1 element Where taught
Driving road keeping means providing torque to a steering mechanism to keep the vehicle at a predetermined position on the driving road Borcherts (auto‑steering to hold the vehicle within the lane); also Wilson‑Jones (steering‑bias torque to track the lane centre); also JP 7‑104850 (admitted)
Setting means for need/no‑need Borcherts' "steering control switch means" (claim 16); EP 1 074 904's "automated lane‑following selector switch 13"
Cruise control means controlling driving force/speed to a predetermined driving state Borcherts' "cruise control means having a manually actuable switch for initiating speed control" (claim 22)
Need/no‑need determined based on the setting‑means state and the cruise‑control state Borcherts claims 16 & 22: automatic steering is initiated only when the driver has actuated both the cruise control switch and the steering control switch
Display indicating a ready state when the control is executable upon a state change of either EP 1 074 904 / US 6,580,986 family: display 122 indicates system status ("searching" → "accept") in response to operation of the lane‑following selector switch, i.e., a display keyed to the readiness/availability of the lane‑following control as the driver changes switch state; Wilson‑Jones supplies an explicit "ready for engagement" determination whose truth depends on evaluated operating conditions

Motivation to combine. Both references are in the same field (automated lane following with a driver‑operated engagement switch) and address the same problem — telling the driver the state of a driver‑assist control that the driver must engage. Borcherts creates the ambiguity by requiring two separate switch actuations; the EP 1 074 904 family solves an analogous ambiguity with a status display driven by the selector switch. Applying the known status‑display technique to Borcherts' two‑switch interlock is the "use of a known technique to improve a similar device in the same way" (MPEP 2143(C)) and "application of a known technique to a known device ready for improvement" (MPEP 2143(D)). The combination is a pure HMI addition: it does not alter the underlying steering or speed control, so the predictable‑result / reasonable‑expectation‑of‑success requirement is easily met. Market forces reinforce the motivation: reducing mode confusion in ADAS was an expressly recognized design objective (KSR "design incentive/market forces," MPEP 2143(F); Norman's "mode error" was a settled HMI concern by the mid‑1990s).

Ground 2 — Claims 2, 3, 4 (cruise off ⇔ READY): Borcherts + EP 1 074 904 + a set‑speed/vehicle‑speed‑condition reference

Claim 2's ready state — lane‑keep switch on, cruise activation switch off, control executable once cruise runs — is simply the "one of two switches still open" state of the Borcherts interlock. Claim 3 recites the same state in slightly different words. Claim 4 adds that the lane‑keeping control has an activation speed region and the ready state is when the cruise target speed is set within it. Speed‑conditioned lane keeping was conventional by the relevant date (Wilson‑Jones's engagement conditions are a subspecies of this; JP 7‑104850 and the JP 2001/2002/2003 references are plausible additional sources that I could not verify). The tabulation of the three ready states in FIG. 8A–8C is nothing more than the enumerated complement of the "active" state across the cross‑product {lane‑keep switch on/off} × {cruise inactive/active} × {set speed in/out of range}. Enumerating the finite state set of a two‑input interlock and prompting on each non‑active state is a predictable variation (MPEP 2143(G)) and, at minimum, obvious to try (MPEP 2143(E)).

Ground 3 — Claims 5, 6 (cruise active, lane keep off ⇔ READY): Borcherts + EP 1 074 904

Symmetric to Ground 2: the mirror‑image state where the cruise side is satisfied and the lane‑keep switch remains open. Same motivation (prompt the driver to complete the second engagement action) and same rationale. Claim 6's speed‑region limitation is handled as in Ground 2.

Ground 4 — Claims 7, 8, 9 (both on, set speed out of range ⇔ READY): Ground 1 references + a cruise set‑speed reference

Claims 7 and 8 describe lane‑keep on + cruise on with the target speed outside the lane‑keeping activation speed region; the READY mark tells the driver to change the set speed. This follows from the same interlock logic plus the well‑known cruise‑control set‑speed adjuster (Borcherts' manually actuable cruise switch; stepwise set‑speed switches were conventional in production cruise control by the 1990s). Claim 9 (dependency confirmed in the earlier summary) is the only claim with a genuinely narrow limitation: the target speed is outside the activation region but within a predetermined range from a threshold of the region — the specification's "near region," defined as one step of a stepwise setter or a speed increment the driver perceives as a single operation.

Claim 9 is the strongest candidate for a non‑obviousness argument, because it is a quantitative HMI limitation and I found no verified reference teaching "display the prompt only when a single adjustment would bring the set speed into range." That said, an obviousness rejection could still be made on a design‑choice / optimization theory (MPEP 2143(G); In re Aller; In re Boesch) — choosing a threshold band keyed to the resolution of the existing set‑speed switch is arguably the optimization of a known parameter, and the specification itself concedes the range "is set on the basis of the concept… a speed region corresponding to a set speed width that can be changed by a single operation." A robust rejection of claim 9 would be better supported by art expressly disclosing a proximity/one‑step READY condition, which I did not find.


4. Secondary considerations and countervailing evidence

  • Applicant's own admission of the prior‑art combination and the mode‑confusion problem is the single strongest 103 fact in the record (§2 above).
  • To rebut, the patentee would need unexpected results, long‑felt but unmet need, industry praise, or copying. None is of record, and I found no reexamination, IPR, or litigation that produced a judicial validity determination. (Consistent with the earlier-generated Litigation Summary: the Google Patents "family has litigation" flag points only to Darts‑ip family 34978880 and does not establish a US case against 7,454,291; I could not confirm any US proceeding.)
  • Teaching away is unlikely to be available: the EP 1 074 904 family's status display and Borcherts' two‑switch interlock point in the same direction the patentee took.

5. Bottom line

Claim Strongest proposed ground Strength
1 Borcherts + EP 1 074 904 family (+ Wilson‑Jones for "ready for engagement") Moderate‑to‑strong — the display‑of‑readiness technique in a lane‑following selector switch is the only added element
2, 3 Borcherts + EP 1 074 904 Moderate
4, 6 Above + speed‑conditioned lane‑keeping art Moderate (dependent on verifying a speed‑region reference)
5 Borcherts + EP 1 074 904 Moderate
7, 8 Borcherts + EP 1 074 904 + cruise set‑speed reference Moderate
9 Above (design‑choice/optimization theory) Weakest — no verified teaching of the "one step / near region" limitation
10 (method) Mirrors claim 1 (Borcherts + EP 1 074 904) Moderate — but note the earlier summary's flag that the published claim text truncates claim 10, so its full scope is unverified

Most probable explanation for allowance: the examiner apparently did not apply the lane‑following status/readiness display art (EP 1 074 904 family) against the two‑switch interlock art (Borcherts), and treated the "display upon a state change of either" trigger and claim 9's "near region" as non‑taught. A challenger's best path is therefore a Borcherts + EP 1 074 904‑family combination for claims 1–8, with claim 9 turning on whether a proximity/one‑step READY condition can be located.

Honest limitations of this analysis: (i) several listed references (Lohner, Sadano, Dieterle, Hirasago, and the JP documents) were not retrieved in full and I have not attributed any disclosure to them; (ii) my characterization of EP 1 074 904 rests on verified sibling documents (EP 1 074 903 B1 / US 6,580,986) rather than on the cited document itself; (iii) US 7,317,973 post‑dates the filing and cannot be relied on as prior art on the record as I found it. All patent numbers and identifiers above are reproduced literally and have not been auto‑corrected.

Generated 9/30/2026, 4:54:11 AM

Extensions

Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.

Log in to generate
Not generated yet. Log in to request this analysis.

Derivative works

Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.

Log in to generate
Not generated yet. Log in to request this analysis.

Keep exploring

Other patents in Automotive (A)

See all Automotive (A) patents →