DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is reply to the Application Number 17/667,683 filed on 09/03/2025.
Claims 67, 71 – 74, 76 and 78 – 87 are currently pending and have been examined. Claim 67 has been amended.
This action is made FINAL.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 67, 71 – 74 and 79 – 87 are rejected under 35 U.S.C. 103 as being unpatentable over Kelkar et al. (US 20200133307 A1) further in view of Ran B. et al. (US 20200020227 A1) and Eigel et al. (US 20190353498 A1).
Regarding claim 67, Kelkar teaches a collaborative automated driving system (CADS), comprising: (Kelkar: Abstract: “Systems and methods for a swarm management framework are described. According to one embodiment, a swarm management framework includes a goal module, a target module, a negotiation module, and a perception module. The goal module determines a cooperation goal. The target module identifies a vehicle associated with the cooperation goal and sends a swarm request to the vehicle to join a swarm. The negotiation module receives a swarm acceptance from the vehicle. The perception module determines a cooperative action for the vehicle relative to the swarm.”,
Supplemental Note: the swarm management framework is equivalent to the CADS)
a cooperative management (CM) subsystem, (Kelkar: Paragraph 0005: “According to another aspect, a computer-implemented method for utilizing a swarm management framework. The computer-implemented method includes determining a cooperation goal. The method also includes identifying a vehicle associated with the cooperation goal and sending a swarm request to the vehicle to join a swarm. The method further includes receiving a swarm acceptance from the vehicle. The method yet further includes determining cooperative action for the vehicle relative to the swarm.”; Paragraph 0065: “the swarm management framework 100 can be implemented remotely from a cooperating vehicle, for example, with a portable device 454, or the remote server 436, connected via the communication network 420 or the wireless network antenna 434”,
Supplemental Note: the swarm management framework has the ability to utilize a goal and manage vehicles to perform that goal, equivalent to a cooperative management system)
… a road subsystem comprising a connected automated highway (CAH), said CAH comprising a road intelligent unit (RIU); (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”,
Supplemental Note: the roadway equipment is provided on roadways which are interpreted to constitute highways. These equipment are connected with the swarm management framework to send or receive data, therefore in connection with the framework)
a vehicle subsystem comprising a connected automated vehicle (CAV), said CAV comprising a vehicle intelligent unit (VIU) and a vehicle adapter; (Kelkar: Paragraph 0065: “The swarm management framework 100 will be described with respect to different embodiments. For example, the swarm management framework 100 may be used in conjunction within a vehicle computing device (VCD) 402 and may be implemented with a cooperating vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others.”: Paragraph 0082: “In FIG. 4, the host vehicle includes a vehicle computing device (VCD) 402, vehicle systems 404, and vehicle sensors 406. Generally, the VCD 402 includes a processor 408, a memory 410, a disk 412, and an input/output (I/O) device 414, which are each operably connected for computer communication via a bus 416 and/or other wired and wireless technologies defined herein.”,
Supplemental Note: the swarm management framework is connected to vehicles which comprise of a VCD, equivalent to a VIU and vehicle adapter)
a user subsystem; a communications subsystem; and a cloud subsystem, (Kelkar: Paragraph 0087: “vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment. For example, suppose the cooperating vehicle is out of transceiver range of the host vehicle. Another cooperating vehicle may communicate with the host vehicle using the transceiver. The transceiver may also act as interface for mobile communication through an internet cloud and is capable of utilizing a GSM, GPRS, Wi-Fi, WiMAX, or LTE wireless connection to send and receive one or more signals, data, etc. directly through the cloud. In one embodiment, the out of range vehicles may communicate with the host vehicle via a cellular network using the wireless network antenna.”; Paragraph 0291: “The map area 2302 may be rendered based on the location of the display rendering the map area 2302. For example, suppose the map area is displayed on a portable device 454. The map area 2302 may be rendered based on the location of the portable device 454 and thus, a user. The map area 2302 may be rendered using any of a number of network-based mapping tools available. Network-based mapping tools generally provide the user with on-demand textual or graphical maps of user specified locations. Further, several related systems may provide the user with on-demand maps of automatically determined device locations based, for example, positioning technology such as satellite navigation (GPS, Galileo, Glonass, etc.) or as some function of Wi-Fi mapping, GSM-based cell signal mapping, RFID tracking, etc. In some embodiments, the portable device 454 may be tracked by using signal triangulation from nearby cell towers to pinpoint the location of the portable device 454. Similarly, Wi-Fi mapping generally locates a user by evaluating signal samples from multiple access points. In this manner, the map area 2302 can be rendered by tracking the portable device 454. Thus, the map area 2302 can be rendered to illustrate a predetermined area centered on the portable device 454. In some embodiments, the user can select the size of the predetermined area or change the size of the predetermined area based on a desired radius.”,
Supplemental Note: the vehicles within the swarm system are able to communicate using the various communication features)
wherein the CADS provides full vehicle operations and control for connected and automated vehicle and highway systems by sending detailed and time- sensitive control instructions for vehicle operations to the CAV; (Kelkar: Paragraph 0041: “The swarm framework facilitates coordination between multiple vehicles to achieve a goal. The goal may be to confer a benefit to one or more vehicles or to the traffic on the roadway as a whole, and include a unidirectional goal, a bidirectional goal, or an omnidirectional goal. The unidirectional goal may confer a benefit to an individual vehicle. In particular, the unidirectional goal may harness the power of the multiple vehicles for the benefit one. For example, members of the swarm may be controlled to pull off to the side of the road to make way for an emergency vehicle.”; Paragraph 0043: “The swarm management framework 100 facilitates achievement of the goal. For example, the swarm management framework 100 may determine a goal, identify the vehicles necessary for a swarm to achieve the goal, and determine a control strategy for the vehicles of the swarm.”: Paragraph 0090: “Using the system and network configuration discussed above, cooperative sensing and vehicle control can be provided based on real-time information from vehicles using vehicular communication of sensor data.”,
Supplemental Note: the swam management framework can implement controls for the vehicle to perform based on the goal which it can do in real time)
wherein the CM subsystem is configured to perform a Vehicle-Dominant CM (VDCM) method when the vehicle subsystem is identified as the dominant subsystem; (Kelkar: Paragraph 0042: “To satisfy the goal, one or more of the members of the swarm may be subordinate vehicles that are controlled by one or more members of the swarm that are principal vehicles, capable of remotely controlling other vehicles. Alternatively, each members of the swarm may control themselves in order to satisfy the goal.”,
Supplemental Note: a principal vehicle can be used by the framework which is equivalent to a VDCM)
wherein the VIU is configured to manage one or more CAV automated driving functions selected from the group consisting of sensing functions, decision making functions, and control functions; (Kelkar: Paragraph 0082: “, the host vehicle includes a vehicle computing device (VCD) 402, vehicle systems 404, and vehicle sensors 406. Generally, the VCD 402 includes a processor 408, a memory 410, a disk 412, and an input/output (I/O) device 414, which are each operably connected for computer communication via a bus 416 and/or other wired and wireless technologies defined herein. The VCD 402 includes provisions for processing, communicating, and interacting with various components of the host vehicle 300. In one embodiment, the VCD 402 can be implemented with the host vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others. In other embodiments, the VCD 402 can be implemented remotely from the host vehicle, for example, with a remote transceiver 432 or a portable device 454) or a remote server (not shown) connected via the communication network 420.”; Paragraph 0089: “The vehicle sensors 406, which can be implemented with the vehicle systems 404, can include various types of sensors for use with the host vehicle and/or the vehicle systems 404 for detecting and/or sensing a parameter of the host vehicle, the vehicle systems 404, and/or the environment surrounding the host vehicle. For example, the vehicle sensors 406 can provide data about vehicles and/or downstream objects in proximity to the host vehicle. For example, the vehicle sensors 406 can include, but are not limited to: acceleration sensors, speed sensors, braking sensors, proximity sensors, vision sensors, ranging sensors, seat sensors, seat-belt sensors, door sensors, environmental sensors, yaw rate sensors, steering sensors, GPS sensors, among others. The vehicle sensors 406 can be any type of sensor, for example, acoustic, electric, environmental, optical, imaging, light, pressure, force, thermal, temperature, proximity, among others.”,
Supplemental Note: The VCD is capable of controlling the vehicle based on its various components performing the claimed functions)
wherein the vehicle subsystem is configured to control the CM subsystem and (Kelkar: Paragraph 0042: “To satisfy the goal, one or more of the members of the swarm may be subordinate vehicles that are controlled by one or more members of the swarm that are principal vehicles, capable of remotely controlling other vehicles. Alternatively, each members of the swarm may control themselves in order to satisfy the goal.”; Paragraph 0065: “the swarm management framework 100 can be implemented remotely from a cooperating vehicle, for example, with a portable device 454, or the remote server 436, connected via the communication network 420 or the wireless network antenna 434”,
Supplemental Note: a principal vehicle is able to control other vehicles to achieve the swarm goal, therefore controlling the claimed CM subsystem)
the CM subsystem is configured to manage (Kelkar: Paragraph 0005: “According to another aspect, a computer-implemented method for utilizing a swarm management framework. The computer-implemented method includes determining a cooperation goal. The method also includes identifying a vehicle associated with the cooperation goal and sending a swarm request to the vehicle to join a swarm. The method further includes receiving a swarm acceptance from the vehicle. The method yet further includes determining cooperative action for the vehicle relative to the swarm.”,
Supplemental Note: the swarm management framework has the ability to utilize a goal and manage vehicles to perform that goal, equivalent to a cooperative management system)
the road subsystem; (Kelkar: Paragraph 0065: “The swarm management framework 100 will be described with respect to different embodiments. For example, the swarm management framework 100 may be used in conjunction within a vehicle computing device (VCD) 402 and may be implemented with a cooperating vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others.”: Paragraph 0082: “In FIG. 4, the host vehicle includes a vehicle computing device (VCD) 402, vehicle systems 404, and vehicle sensors 406. Generally, the VCD 402 includes a processor 408, a memory 410, a disk 412, and an input/output (I/O) device 414, which are each operably connected for computer communication via a bus 416 and/or other wired and wireless technologies defined herein.”; Paragraph 0294: “Other filter preferences may include, but are not limited to, showing cooperating vehicles with a threshold autonomy level or higher, showing cooperating vehicles based on a shared travel route, whether the cooperating vehicle is operating as a principal vehicle or a subordinate vehicle, proximity to the host vehicle, etc. For example, the proximity to the host vehicle may be based on cooperating vehicles located in the area of the roadway rendered in the map area 2302.”: Paragraph 0152: “The rendezvous module 1002 of a cooperating vehicle may control transmission of the broadcast messages over remote networks by utilizing the remote transceiver 232, a wireless network antenna 234, roadside equipment 452, and/or the communication network 420 (e.g., a wireless communication network), or other wireless network connections.”,
Supplemental Note: the swarm management framework is connected to vehicles which comprise of a VCD, equivalent to a VIU and vehicle adapter)
the communication subsystem; the user subsystem; and the cloud subsystem; (Kelkar: Paragraph 0087: “vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment. For example, suppose the cooperating vehicle is out of transceiver range of the host vehicle. Another cooperating vehicle may communicate with the host vehicle using the transceiver. The transceiver may also act as interface for mobile communication through an internet cloud and is capable of utilizing a GSM, GPRS, Wi-Fi, WiMAX, or LTE wireless connection to send and receive one or more signals, data, etc. directly through the cloud. In one embodiment, the out of range vehicles may communicate with the host vehicle via a cellular network using the wireless network antenna.”; Paragraph 0291: “The map area 2302 may be rendered based on the location of the display rendering the map area 2302. For example, suppose the map area is displayed on a portable device 454. The map area 2302 may be rendered based on the location of the portable device 454 and thus, a user. The map area 2302 may be rendered using any of a number of network-based mapping tools available. Network-based mapping tools generally provide the user with on-demand textual or graphical maps of user specified locations. Further, several related systems may provide the user with on-demand maps of automatically determined device locations based, for example, positioning technology such as satellite navigation (GPS, Galileo, Glonass, etc.) or as some function of Wi-Fi mapping, GSM-based cell signal mapping, RFID tracking, etc. In some embodiments, the portable device 454 may be tracked by using signal triangulation from nearby cell towers to pinpoint the location of the portable device 454. Similarly, Wi-Fi mapping generally locates a user by evaluating signal samples from multiple access points. In this manner, the map area 2302 can be rendered by tracking the portable device 454. Thus, the map area 2302 can be rendered to illustrate a predetermined area centered on the portable device 454. In some embodiments, the user can select the size of the predetermined area or change the size of the predetermined area based on a desired radius.”,
Supplemental Note: the vehicles within the swarm system are able to communicate using the various communication features)
wherein the CM subsystem is configured to process information, coordinate and allocate resources, and send traffic operations instructions to the road subsystem; the communication subsystem; the user subsystem; (Kelkar: Paragraphs 0093 – 0094: “Referring now to FIG. 5, a method 500 for swarm activity is provided according to one embodiment will be described with respect to FIGS. 1-4. At block 502, the method 500 include the goal module 102 determines a cooperation goal. The cooperation goal may be to join a swarm. The goal may be a unidirectional goal, a bidirectional goal, or an omnidirectional goal as discussed above, such that a benefit may be conferred to a single vehicle, a group of vehicles, and/or the environment. The goal may be determined based on the vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data from any number of sources such as the cooperative vehicles 208-220, roadway devices, infrastructure, etc. Additionally or alternatively, the goal module 102 may be determined based on the vehicle systems 404 such as the navigation system 446 and/or the vehicle sensors 406. The goal may also be determined based on compliance with a predetermined or predicted threshold, as will be described in greater detail with respect to FIG. 6.”: Paragraph 0095: “For example, suppose that the goal module 102 identifies cooperative vehicle 208 as an obstacle in first lane 202 because the cooperative vehicle 208 is moving slowly based on vehicle sensor data from the vehicle sensors 406. The goal module 102 may identify the goal as the cooperative vehicle 216 from behind the cooperative vehicle 208 in the first lane 202 to the second lane 204. The target module 104 identifies cooperating vehicles that affect the goal. For example, to move into the second lane 204, the cooperative vehicle 216 may require a certain amount of space relative to vehicles already traveling in the second lane. Here, the space may be between the cooperative vehicle 210 and the non-cooperating vehicle 218. Accordingly, the target module 104 may identify the cooperative vehicle 210 and the non-cooperating vehicle 218 as targets for swarm activity, such that the cooperative vehicle 210 and the non-cooperating vehicle 218 are target vehicles.”: Paragraph 0291: “The map area 2302 may be rendered based on the location of the display rendering the map area 2302. For example, suppose the map area is displayed on a portable device 454. The map area 2302 may be rendered based on the location of the portable device 454 and thus, a user. The map area 2302 may be rendered using any of a number of network-based mapping tools available. Network-based mapping tools generally provide the user with on-demand textual or graphical maps of user specified locations. Further, several related systems may provide the user with on-demand maps of automatically determined device locations based, for example, positioning technology such as satellite navigation (GPS, Galileo, Glonass, etc.) or as some function of Wi-Fi mapping, GSM-based cell signal mapping, RFID tracking, etc. In some embodiments, the portable device 454 may be tracked by using signal triangulation from nearby cell towers to pinpoint the location of the portable device 454. Similarly, Wi-Fi mapping generally locates a user by evaluating signal samples from multiple access points. In this manner, the map area 2302 can be rendered by tracking the portable device 454. Thus, the map area 2302 can be rendered to illustrate a predetermined area centered on the portable device 454. In some embodiments, the user can select the size of the predetermined area or change the size of the predetermined area based on a desired radius.”,
Supplemental Note: the swarm management framework is able to acquire information about its vehicle’s and goal based on the vehicles and roadway equipment which it communicates with using the various stated communication methods, and send instructions on how to control the vehicles to perform said goal. The user in the vehicle is also provided with an interface which shows map data)
and the cloud subsystem; (Kelkar: Paragraph 0087: “vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment. For example, suppose the cooperating vehicle is out of transceiver range of the host vehicle. Another cooperating vehicle may communicate with the host vehicle using the transceiver. The transceiver may also act as interface for mobile communication through an internet cloud and is capable of utilizing a GSM, GPRS, Wi-Fi, WiMAX, or LTE wireless connection to send and receive one or more signals, data, etc. directly through the cloud. In one embodiment, the out of range vehicles may communicate with the host vehicle via a cellular network using the wireless network antenna.”)
… wherein the CADS is configured to elevate a vehicle intelligence level from a lower vehicle intelligence level to a higher vehicle intelligence level; (Kelkar: Paragraph 0041: “The swarm framework facilitates coordination between multiple vehicles to achieve a goal. The goal may be to confer a benefit to one or more vehicles or to the traffic on the roadway as a whole, and include a unidirectional goal, a bidirectional goal, or an omnidirectional goal. The unidirectional goal may confer a benefit to an individual vehicle. In particular, the unidirectional goal may harness the power of the multiple vehicles for the benefit one. For example, members of the swarm may be controlled to pull off to the side of the road to make way for an emergency vehicle.”,
Supplemental Note: the swarm management framework can replace the current driving function with another, for example to pull off to the side of the road for an emergency vehicle)
wherein the vehicle subsystem is configured to elevate a vehicle automation level from a lower vehicle automation level to a higher vehicle automation level; (Kelkar: Paragraph 0065: “For example, the swarm management framework 100 may be used in conjunction within a vehicle computing device (VCD) 402 and may be implemented with a cooperating vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others. In other embodiments, the swarm management framework 100 can be implemented remotely from a cooperating vehicle, for example, with a portable device 454, or the remote server 436, connected via the communication network 420 or the wireless network antenna 434.”; Paragraph 0082: “In FIG. 4, the host vehicle includes a vehicle computing device (VCD) 402, vehicle systems 404, and vehicle sensors 406. Generally, the VCD 402 includes a processor 408, a memory 410, a disk 412, and an input/output (I/O) device 414, which are each operably connected for computer communication via a bus 416 and/or other wired and wireless technologies defined herein. The VCD 402 includes provisions for processing, communicating, and interacting with various components of the host vehicle 300. In one embodiment, the VCD 402 can be implemented with the host vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others. In other embodiments, the VCD 402 can be implemented remotely from the host vehicle, for example, with a remote transceiver 432 or a portable device 454) or a remote server (not shown) connected via the communication network 420.”,
Supplemental Note: the vehicles in the swarm all have a VCD which possess the ability to control the vehicle or another vehicle. Therefore it can increase the automation level of another vehicle when taking control of it)
wherein the road subsystem is configured to elevate a vehicle automation level from a lower automation level to a higher automation level; (Kelkar: Paragraph 0085: “As will be described in greater detail below, cooperative vehicles in the surrounding environment whether they are members of the swarm or not, can also exchange data (e.g., vehicle sensor data, swarm creation requests, swarm join requests, swarm leave requests, etc.) over remote networks by utilizing a wireless network antenna (not shown), roadside equipment (not shown), and/or the communication network 420 (e.g., a wireless communication network), or other wireless network connections. In some embodiments, data transmission can be executed at and/or with other infrastructures and servers.”: Paragraph 0086: “In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”; Paragraph 0087: “In this manner, vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment.”,
Supplemental Note: the road way equipment and traffic infrastructure is able to send the vehicles information, therefore increasing their automation level)
… wherein the CADS is configured to elevate or automated driving functions of the CAV driving in a long-tail scenario, wherein the long-tail scenario comprises; (Kelkar: Paragraph 0041: “The swarm framework facilitates coordination between multiple vehicles to achieve a goal. The goal may be to confer a benefit to one or more vehicles or to the traffic on the roadway as a whole, and include a unidirectional goal, a bidirectional goal, or an omnidirectional goal. The unidirectional goal may confer a benefit to an individual vehicle. In particular, the unidirectional goal may harness the power of the multiple vehicles for the benefit one. For example, members of the swarm may be controlled to pull off to the side of the road to make way for an emergency vehicle.”,
Supplemental Note: the swarm management framework can replace the current driving function with another, for example to pull off to the side of the road for an emergency vehicle)
a high concentration of pedestrians and/or bicycles (Kelkar: Paragraph 0056: ““Obstacle”, as used herein, refers to any objects in the roadway and may include pedestrians crossing the roadway, other vehicles, animals, debris, potholes, etc. Further, an ‘obstacle’ may include most any traffic conditions, road conditions, weather conditions, buildings, landmarks, obstructions in the roadway, road segments, intersections, etc. Thus, obstacles may be identified, detected, or associated with a path along a route on which a vehicle is travelling or is projected to travel along.”: Paragraph 0256: “Whether a return handoff is required may be based the type of obstacle, cooperating parameters, and/or a combination thereof. For example, encountering the geofence 1902 may require a return handoff. However, the object 1904 may not necessarily require a return handoff. Instead, a relationship parameter may indicate that if the object 1904 is within 50 yards of the cooperating vehicle leading in the cooperation position then return handoff is required. Otherwise the return handoff may be based on the ability of the principal vehicle 1306 to generate a behavior plan to navigate around the object 1904 regardless of the location of the principal vehicle 1306 in the cooperative position.”,
Supplemental Note: the vehicle system is able to identify pedestrians and other vehicles (bicycles are known as vehicles to one of ordinary skill in the art) and determine whether or not to hand-off control).
In sum, Kelkar teaches a collaborative automated driving system (CADS), comprising: a cooperative management (CM) subsystem, a road subsystem comprising a connected automated highway (CAH), said CAH comprising a road intelligent unit (RIU); a vehicle subsystem comprising a connected automated vehicle (CAV), said CAV comprising a vehicle intelligent unit (VIU) and a vehicle adapter; a user subsystem; a communications subsystem; and a cloud subsystem, wherein the CADS provides full vehicle operations and control for connected and automated vehicle and highway systems by sending detailed and time- sensitive control instructions for vehicle operations to the CAV; wherein the CM subsystem is configured to perform a Vehicle-Dominant CM (VDCM) method when the vehicle subsystem is identified as the dominant subsystem; wherein the VIU is configured to manage one or more CAV automated driving functions selected from the group consisting of sensing functions, decision making functions, and control functions; wherein the vehicle subsystem is configured to control the CM subsystem and the CM subsystem is configured to manage the road subsystem; the communication subsystem; the user subsystem; and the cloud subsystem; wherein the CM subsystem is configured to process information, coordinate and allocate resources, and send traffic operations instructions to the road subsystem; the communication subsystem; the user subsystem; and the cloud subsystem; wherein the CADS is configured to elevate a vehicle intelligence level from a lower vehicle intelligence level to a higher vehicle intelligence level; wherein the vehicle subsystem is configured to elevate a vehicle automation level from a lower vehicle automation level to a higher vehicle automation level; wherein the road subsystem is configured to elevate a road automation level from a lower automation level to a higher automation level; wherein the CADS is configured to elevate or automated driving functions of the CAV driving in a long-tail scenario, wherein the long-tail scenario comprises; a high concentration of pedestrians and/or bicycles. Kelkar however does not teach said CM subsystem comprising a traffic control center (TCC) and a traffic control unit (TCU); wherein the TCC and TCU fuse, process, and store collected data and information to provide efficient coordination of the CM subsystem with one or more other CADS subsystems.
Ran B. teaches said CM subsystem comprising a traffic control center (TCC) and a traffic control unit (TCU); (Ran B.: Abstract: “The transit management system consists of one of more of the following physical subsystems: (1) Roadside Unit (RSU) network, (2) Traffic Control Unit (TCU) and Traffic Control Center (TCC) network, (3) Vehicle Onboard Unit (OBU), (4) Traffic Operations Centers (TOCs), (5) Cloud platform. The transit management system realizes one or more of the following function categories: sensing, transportation behavior prediction and management, planning and decision making, and vehicle control.”)
… wherein the TCC and TCU fuse, process, and store collected data and information to provide efficient coordination of the CM subsystem with one or more other CADS subsystems; (Ran B.: Paragraph 0018: “In some embodiments, the TCC network of embodiments of the systems described herein comprises macroscopic TCCs configured to process information from regional TCCs and provide control targets to regional TCCs; regional TCCs configured to process information from corridor TCCs and provide control targets to corridor TCCs; and corridor TCCs configured to process information from macroscopic and segment TCUs and provide control targets to segment TCUs.”; Paragraph 0019: “In some embodiments, the TCU network comprises: segment TCUs configured to process information from corridor and/or point TOCs and provide control targets to point TCUs; and point TCUs configured to process information from the segment TCU and RSUs and provide vehicle-based control instructions to an RSU.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Kelkar with the teachings of Ran B. with a reasonable expectation of success. Both Kelkar and Ran B. teach a method of monitoring and controlling vehicles, Ran B. further includes a traffic control center (TCC) and traffic control unit (TCU) that are capable of “sensing, transportation behavior prediction and management, planning and decision making, and vehicle control.” (Ran B.: Abstract). The TCC and TCU further can work congruently as the TCC’s operate on a macroscopic level while TCU are able to regionally operate. One with knowledge in the art would find it obvious to try to combine this teaching of Ran B. with the swarm system of Kelkar as to improve swarm system efficiency and safety. For example, a TCC and TCU provide further assistance in operating a large portion of autonomous vehicles, while the swarm system of Kelkar teaches the ability of principal vehicles aid in controlling other swarm vehicles for completing the swarm’s goal, the ability to additional have TCC and TCU provide extra assistance to this function and provides an alternative method of control if other methods stated by Kelkar fail. Furthermore, Ran B. teaches additional limitations of a long-tail scenario such as an event, work zone, adverse weather and a hazardous route which one with knowledge in the art would find obvious to try to combine with the swarm system of Kelkar. Utilizing these additional forms of data as taught by Ran B., the swarm system will be better equipped to control the vehicles. For example, avoiding adverse weather that may cause potential delays, avoiding traffic congestion of a particular roadway, avoiding work zones and any unforeseen events. The additional data can be utilized to provide a more accurate and efficient routes for the swarm vehicles to follow. Kelkar in view of Ran B. however still do not teach wherein the cloud subsystem is configured to elevate a vehicle automation level from a lower automation level to a higher automation.
Eigel teaches wherein the cloud subsystem is configured to elevate a vehicle automation level from a lower automation level to a higher automation (Eigel: Abstract: “A method for providing an automation function for a transportation vehicle, wherein environment data are detected. Based on the detected environment data, the automation function is activated and a quality measure is determined.”; Paragraph 0019: “Upon activation of the automation function, a degree of automation is set. This can be effected, for example, on the basis of SAE levels (Society of Automotive Engineers), which attain different degrees of automation of 0 (no automation), 1 (assistance during driving), 2 (partial automation) and 3 (automation under specific conditions). A specific degree of automation is set if sufficient data are available in sufficient quality for carrying out such a driving function.”; Paragraph 0036: “Furthermore, the quality measure can be determined on the basis of a characteristic figure determined depending on the respective quality of the respective sensor information. The quality can be determined and quantified in a manner known per se, for instance, for the quality of a recognition of a right or left lane, the quality of navigation data or map data, the quality of information received from a cloud service, or for further data and data sources. In this case, different items of individual information can be weighted in the determination of the characteristic figure, wherein, for example, the relevance of the information to the activated assistance function is taken into account.”,
Supplemental Note: the data from the cloud service is evaluated to determine the quality of the information. The quality determines whether or not to start an autonomous function of the vehicle, therefore the increase of automation level corresponds to the cloud service and the quality of information they provide).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Kelkar with the teachings of Eigel with a reasonable expectation of success. Kelker teaches the ability of allowing multiple swarm vehicles aid each other in autonomous functionality when by connecting to roadway infrastructure or other roadway vehicles. Kelker also teaches an internet cloud communication which allows the different vehicles to communicate with one another. Eigel teaches the abilty of activating an automation function of the vehicle based on the quality level of the information gathered by the vehicle’s sensors and the cloud data (Eigel: Paragraph 0036; Paragraph 0068). Therefore one of ordinary skill in the art would find it obvious to try to implement this automation level control function of Eigel with the vehicle system of Kelker. The ability of increase the automation level increase the safety of the vehicle, for example, by autonomously braking or performing an evasive maneuver to avoid a collision (Eigel: Paragraph 0011). In the same regard, this function can also increase the vehicle safety of the autonomous vehicles part of the swarm system as taught by Kelkar.
Regarding claim 71, Kelkar, as modified, teaches wherein the vehicle subsystem is configured to provide automated driving to the CAV (Kelkar: Paragraph 0060: “The term “vehicle” can also refer to an autonomous vehicle and/or self-driving vehicle powered by any form of energy. The autonomous vehicle can carry one or more human occupants. Further, the term “vehicle” can include vehicles that are automated or non-automated with pre-determined paths or free-moving vehicles.”; Paragraph 0069: “The cooperative vehicles may be autonomous vehicles having the same or varying levels of autonomy.”,
Supplemental Note: the swarm vehicle’s include vehicles which are able to function autonomously).
Regarding claim 72, Kelkar, as modified, teaches wherein the vehicle subsystem is configured to coordinate with the CM subsystem; (Kelkar: Paragraph 0042: “To satisfy the goal, one or more of the members of the swarm may be subordinate vehicles that are controlled by one or more members of the swarm that are principal vehicles, capable of remotely controlling other vehicles. Alternatively, each members of the swarm may control themselves in order to satisfy the goal.”,
Supplemental Note: the swarm management framework communicates the goal and controls with the vehicles)
the road subsystem; the user subsystem; the communications subsystem; and/or the cloud subsystem (Kelkar: Paragraph 0087: “vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment. For example, suppose the cooperating vehicle is out of transceiver range of the host vehicle. Another cooperating vehicle may communicate with the host vehicle using the transceiver. The transceiver may also act as interface for mobile communication through an internet cloud and is capable of utilizing a GSM, GPRS, Wi-Fi, WiMAX, or LTE wireless connection to send and receive one or more signals, data, etc. directly through the cloud. In one embodiment, the out of range vehicles may communicate with the host vehicle via a cellular network using the wireless network antenna.”; Paragraph 0291: “The map area 2302 may be rendered based on the location of the display rendering the map area 2302. For example, suppose the map area is displayed on a portable device 454. The map area 2302 may be rendered based on the location of the portable device 454 and thus, a user. The map area 2302 may be rendered using any of a number of network-based mapping tools available. Network-based mapping tools generally provide the user with on-demand textual or graphical maps of user specified locations. Further, several related systems may provide the user with on-demand maps of automatically determined device locations based, for example, positioning technology such as satellite navigation (GPS, Galileo, Glonass, etc.) or as some function of Wi-Fi mapping, GSM-based cell signal mapping, RFID tracking, etc. In some embodiments, the portable device 454 may be tracked by using signal triangulation from nearby cell towers to pinpoint the location of the portable device 454. Similarly, Wi-Fi mapping generally locates a user by evaluating signal samples from multiple access points. In this manner, the map area 2302 can be rendered by tracking the portable device 454. Thus, the map area 2302 can be rendered to illustrate a predetermined area centered on the portable device 454. In some embodiments, the user can select the size of the predetermined area or change the size of the predetermined area based on a desired radius.”,
Supplemental Note: the vehicles within the swarm system are able to communicate using the various communication features. This includes communicating with cloud systems. Furthermore, there is a user interface part of the vehicle in which the user is able to interact with)
to provide automated driving for the CAV (Kelkar: Paragraph 0042: “To satisfy the goal, one or more of the members of the swarm may be subordinate vehicles that are controlled by one or more members of the swarm that are principal vehicles, capable of remotely controlling other vehicles. Alternatively, each members of the swarm may control themselves in order to satisfy the goal.”,
Supplemental Note: the swarm management framework can provide control for its vehicles are set a principal vehicle which is able to control other vehicles and complete the goal).
Regarding claim 73, Kelkar, as modified, teaches configured to support, complement, enhance, backup, elevate, and/or replace automated driving functions of the CAV (Kelkar: Paragraph 0041: “The swarm framework facilitates coordination between multiple vehicles to achieve a goal. The goal may be to confer a benefit to one or more vehicles or to the traffic on the roadway as a whole, and include a unidirectional goal, a bidirectional goal, or an omnidirectional goal. The unidirectional goal may confer a benefit to an individual vehicle. In particular, the unidirectional goal may harness the power of the multiple vehicles for the benefit one. For example, members of the swarm may be controlled to pull off to the side of the road to make way for an emergency vehicle.”,
Supplemental Note: the swarm management framework can replace the current driving function with another, for example to pull off to the side of the road for an emergency vehicle).
Regarding claim 74, Kelkar, as modified, teaches wherein the automated driving functions of the CAV comprise a sensing function, a decision making function, and/or a control function, (Kelkar: Paragraph 0062: ““Vehicle control system” and/or “vehicle system,” as used herein can include, but is not limited to, any automatic or manual systems that can be used to enhance the vehicle, driving, and/or safety. Exemplary vehicle systems include, but are not limited to: an electronic stability control system, an anti-lock brake system, a brake assist system, an automatic brake prefill system, a low speed follow system, a cruise control system, a collision warning system, a collision mitigation braking system, an auto cruise control system, a lane departure warning system, a blind spot indicator system, a lane keep assist system, a navigation system, a steering system, a transmission system, brake pedal systems, an electronic power steering system, visual devices (e.g., camera systems, proximity sensor systems), a climate control system, a monitoring system, a passenger detection system, a vehicle suspension system, a vehicle seat configuration system, a vehicle cabin lighting system, an audio system, a sensory system, an interior or exterior camera system among others.”; Paragraph 0065: “For example, the swarm management framework 100 may be used in conjunction within a vehicle computing device (VCD) 402 and may be implemented with a cooperating vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others.”,
Supplemental Note: the vehicle is able to use its sensors to make decisions that control the vehicle)
wherein the sensing function measures characteristics of the CAV driving environment using sensors; the decision making function makes decisions for longitudinal control and lateral control of the CAV; and the control function executes longitudinal and lateral vehicle control and operation (Kelkar: Paragraph 0072: “a vehicle capable of decision making, path planning, and navigation without human intervention may have a full autonomy level. A fully autonomous vehicle may function, for example, as a robotic taxi. In between the null autonomy level and the full autonomy level exist various autonomy levels based on sensing ability and decision-making capability. A vehicle with a lower level of autonomy may have some sensing ability and some minor decision-making capability. For example, a cooperating vehicle having a lower level may use light sensors (e.g., cameras and light detecting and ranging (LiDAR) sensors) for collision alerts. A cooperating vehicle having a higher level of autonomy may be capable of decision making, path planning, and navigation without human intervention, but only within a defined area.”,
Supplemental Note; as stated above, with the various systems of the vehicle that can control the vehicle, the vehicle is controlled laterally and longitudinally. For example, navigation without human intervention requires control over movements in both of these directions).
Regarding claim 79, Kelkar, as modified, teaches wherein the vehicle subsystem is configured to receive information from the cooperative management subsystem; the road subsystem; the communication subsystem; the user subsystem; and/or the cloud subsystem (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”; Paragraph 0087: “vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment. For example, suppose the cooperating vehicle is out of transceiver range of the host vehicle. Another cooperating vehicle may communicate with the host vehicle using the transceiver. The transceiver may also act as interface for mobile communication through an internet cloud and is capable of utilizing a GSM, GPRS, Wi-Fi, WiMAX, or LTE wireless connection to send and receive one or more signals, data, etc. directly through the cloud. In one embodiment, the out of range vehicles may communicate with the host vehicle via a cellular network using the wireless network antenna.”; Paragraph 0291: “The map area 2302 may be rendered based on the location of the display rendering the map area 2302. For example, suppose the map area is displayed on a portable device 454. The map area 2302 may be rendered based on the location of the portable device 454 and thus, a user. The map area 2302 may be rendered using any of a number of network-based mapping tools available. Network-based mapping tools generally provide the user with on-demand textual or graphical maps of user specified locations. Further, several related systems may provide the user with on-demand maps of automatically determined device locations based, for example, positioning technology such as satellite navigation (GPS, Galileo, Glonass, etc.) or as some function of Wi-Fi mapping, GSM-based cell signal mapping, RFID tracking, etc. In some embodiments, the portable device 454 may be tracked by using signal triangulation from nearby cell towers to pinpoint the location of the portable device 454. Similarly, Wi-Fi mapping generally locates a user by evaluating signal samples from multiple access points. In this manner, the map area 2302 can be rendered by tracking the portable device 454. Thus, the map area 2302 can be rendered to illustrate a predetermined area centered on the portable device 454. In some embodiments, the user can select the size of the predetermined area or change the size of the predetermined area based on a desired radius.”,
Supplemental Note: the vehicles within the swarm system are able to communicate using the various communication features. This includes communicating with cloud systems. Furthermore, there is a user interface part of the vehicle in which the user is able to interact with).
Regarding claim 80, Kelkar, as modified, teaches wherein the vehicle adapter provides an interface configured to exchange information between the CAV and the CADS, between the CAV and a CADS subsystem, between the CAV and the CAH, between the CAV and a user, and/or between the CAV and the cloud subsystem; (Kelkar: Paragraph 0065: “The swarm management framework 100 will be described with respect to different embodiments. For example, the swarm management framework 100 may be used in conjunction within a vehicle computing device (VCD) 402 and may be implemented with a cooperating vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others.”: Paragraph 0082: “In FIG. 4, the host vehicle includes a vehicle computing device (VCD) 402, vehicle systems 404, and vehicle sensors 406. Generally, the VCD 402 includes a processor 408, a memory 410, a disk 412, and an input/output (I/O) device 414, which are each operably connected for computer communication via a bus 416 and/or other wired and wireless technologies defined herein.,”,
Supplemental Note: the VCD of the vehicle is a interface that is able to communicate with the swarm management framework and all of its other subsystems so it can utilize their data for completing the goal)
wherein the VIU manages CAV automated driving functions; (Kelkar: Paragraph 0042: “To satisfy the goal, one or more of the members of the swarm may be subordinate vehicles that are controlled by one or more members of the swarm that are principal vehicles, capable of remotely controlling other vehicles. Alternatively, each members of the swarm may control themselves in order to satisfy the goal.”; Paragraph 0082: “, the host vehicle includes a vehicle computing device (VCD) 402, vehicle systems 404, and vehicle sensors 406. Generally, the VCD 402 includes a processor 408, a memory 410, a disk 412, and an input/output (I/O) device 414, which are each operably connected for computer communication via a bus 416 and/or other wired and wireless technologies defined herein. The VCD 402 includes provisions for processing, communicating, and interacting with various components of the host vehicle 300. In one embodiment, the VCD 402 can be implemented with the host vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others. In other embodiments, the VCD 402 can be implemented remotely from the host vehicle, for example, with a remote transceiver 432 or a portable device 454) or a remote server (not shown) connected via the communication network 420.”,
Supplemental Note: The VCD can perform the functions of the swarm management framework which includes controlling the vehicles to complete the goal)
wherein the VIU comprises a communication unit, a processing unit, and sensing unit; (Kelkar: Paragraph 0065: “For example, the swarm management framework 100 may be used in conjunction within a vehicle computing device (VCD) 402 and may be implemented with a cooperating vehicle, for example, as part of a telematics unit, a head unit, an infotainment unit, an electronic control unit, an on-board unit, or as part of a specific vehicle control system, among others.”; Paragraph 0089: “The vehicle sensors 406, which can be implemented with the vehicle systems 404, can include various types of sensors for use with the host vehicle and/or the vehicle systems 404 for detecting and/or sensing a parameter of the host vehicle, the vehicle systems 404, and/or the environment surrounding the host vehicle. For example, the vehicle sensors 406 can provide data about vehicles and/or downstream objects in proximity to the host vehicle. For example, the vehicle sensors 406 can include, but are not limited to: acceleration sensors, speed sensors, braking sensors, proximity sensors, vision sensors, ranging sensors, seat sensors, seat-belt sensors, door sensors, environmental sensors, yaw rate sensors, steering sensors, GPS sensors, among others. The vehicle sensors 406 can be any type of sensor, for example, acoustic, electric, environmental, optical, imaging, light, pressure, force, thermal, temperature, proximity, among others.”,
Supplemental Note: the VCD is able to process information from its vehicle sensors and received information it is communicated)
wherein the communication unit communicates with the RIU, another VIU, the cloud subsystem, and/or a high-definition (HD) map; (Kelkar: Paragraph 0087: “vehicles that are equipped with cooperative sensing systems may communicate via the remote transceiver if the cooperating vehicles are in transceiver range. Alternatively, the vehicles may communicate by way of remote networks, such as the communication network, the wireless network antenna, and/or the roadside equipment. For example, suppose the cooperating vehicle is out of transceiver range of the host vehicle. Another cooperating vehicle may communicate with the host vehicle using the transceiver. The transceiver may also act as interface for mobile communication through an internet cloud and is capable of utilizing a GSM, GPRS, Wi-Fi, WiMAX, or LTE wireless connection to send and receive one or more signals, data, etc. directly through the cloud. In one embodiment, the out of range vehicles may communicate with the host vehicle via a cellular network using the wireless network antenna.”; Paragraph 0291: “The map area 2302 may be rendered based on the location of the display rendering the map area 2302. For example, suppose the map area is displayed on a portable device 454. The map area 2302 may be rendered based on the location of the portable device 454 and thus, a user. The map area 2302 may be rendered using any of a number of network-based mapping tools available. Network-based mapping tools generally provide the user with on-demand textual or graphical maps of user specified locations. Further, several related systems may provide the user with on-demand maps of automatically determined device locations based, for example, positioning technology such as satellite navigation (GPS, Galileo, Glonass, etc.) or as some function of Wi-Fi mapping, GSM-based cell signal mapping, RFID tracking, etc. In some embodiments, the portable device 454 may be tracked by using signal triangulation from nearby cell towers to pinpoint the location of the portable device 454. Similarly, Wi-Fi mapping generally locates a user by evaluating signal samples from multiple access points. In this manner, the map area 2302 can be rendered by tracking the portable device 454. Thus, the map area 2302 can be rendered to illustrate a predetermined area centered on the portable device 454. In some embodiments, the user can select the size of the predetermined area or change the size of the predetermined area based on a desired radius.”,
Supplemental Note: the vehicles within the swarm system are able to communicate using the various communication features. This includes communicating with cloud systems. Furthermore, there is a user interface part of the vehicle in which the user is able to interact with)
wherein the VIU comprises a data collection module configured to collect data from external vehicle sensors and internal vehicle sensors; and to monitor vehicle status and driver status; and wherein the VIU comprises a vehicle control module configured to execute control instructions for driving tasks (Kelkar: Paragraph 0072: “a vehicle capable of decision making, path planning, and navigation without human intervention may have a full autonomy level. A fully autonomous vehicle may function, for example, as a robotic taxi. In between the null autonomy level and the full autonomy level exist various autonomy levels based on sensing ability and decision-making capability. A vehicle with a lower level of autonomy may have some sensing ability and some minor decision-making capability. For example, a cooperating vehicle having a lower level may use light sensors (e.g., cameras and light detecting and ranging (LiDAR) sensors) for collision alerts. A cooperating vehicle having a higher level of autonomy may be capable of decision making, path planning, and navigation without human intervention, but only within a defined area.”; Paragraph 0278: “At block 2110, the cooperating vehicles determine which vehicle will act as the primary vehicle. The primary vehicle is the principal vehicle that makes decisions for at least some of the cooperating vehicles. The primary vehicle may make decisions for each of the cooperating vehicles in the cooperative swarm. For example, if the first principal vehicle 2002 is the primary vehicle, then the first principal vehicle 2002 may generate a behavior plan and transmit the behavior plan to the second principal vehicle 2004, the first subordinate vehicle 2006, the second subordinate vehicle 2008, and the third subordinate vehicle 2010. Accordingly, the behavior plan may include individualized actions for each of the cooperating vehicles and any offsets.”,
Supplemental Note: a primary vehicle is able to collect data from the vehicle sensors and able to execute controls on the vehicle to complete the goal).
Regarding claim 81, Kelkar, as modified, teaches wherein the VIU is configured to manage automated driving functions (Kelkar: Paragraph 0072: “a vehicle capable of decision making, path planning, and navigation without human intervention may have a full autonomy level. A fully autonomous vehicle may function, for example, as a robotic taxi. In between the null autonomy level and the full autonomy level exist various autonomy levels based on sensing ability and decision-making capability. A vehicle with a lower level of autonomy may have some sensing ability and some minor decision-making capability. For example, a cooperating vehicle having a lower level may use light sensors (e.g., cameras and light detecting and ranging (LiDAR) sensors) for collision alerts. A cooperating vehicle having a higher level of autonomy may be capable of decision making, path planning, and navigation without human intervention, but only within a defined area.”; Paragraph 0278: “At block 2110, the cooperating vehicles determine which vehicle will act as the primary vehicle. The primary vehicle is the principal vehicle that makes decisions for at least some of the cooperating vehicles. The primary vehicle may make decisions for each of the cooperating vehicles in the cooperative swarm. For example, if the first principal vehicle 2002 is the primary vehicle, then the first principal vehicle 2002 may generate a behavior plan and transmit the behavior plan to the second principal vehicle 2004, the first subordinate vehicle 2006, the second subordinate vehicle 2008, and the third subordinate vehicle 2010. Accordingly, the behavior plan may include individualized actions for each of the cooperating vehicles and any offsets.”,
Supplemental Note: the primary vehicle is able to control subordinate vehicles in terms of automated driving functions to perform in order to reach the goal).
Regarding claim 82, Kelkar, as modified, teaches wherein the vehicle adapter provides an interface configured to exchange information between a vehicle and CADS, between a vehicle and a CADS subsystem, (Kelkar: Paragraph 0004: “a swarm management framework includes a goal module, a target module, a negotiation module, and a perception module. The goal module determines a cooperation goal. The target module identifies a vehicle associated with the cooperation goal and sends a swarm request to the vehicle to join a swarm. The negotiation module receives a swarm acceptance from the vehicle. The perception module determines a cooperative action for the vehicle relative to the swarm.”; Paragraph 0085: “the VCD 402 can exchange data and/or transmit messages with other cooperating vehicles, such as other members of the swarm, and/or other communication hardware and protocols. As will be described in greater detail below, cooperative vehicles in the surrounding environment whether they are members of the swarm or not, can also exchange data (e.g., vehicle sensor data, swarm creation requests, swarm join requests, swarm leave requests, etc.) over remote networks by utilizing a wireless network antenna (not shown), roadside equipment (not shown), and/or the communication network 420 (e.g., a wireless communication network), or other wireless network connections. In some embodiments, data transmission can be executed at and/or with other infrastructures and servers.”,
Supplemental Note: the swarm management framework can be implemented by the vehicle, thus both systems can communicate and exchange information between themselves)
between a vehicle and road infrastructure, (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data.”,
Supplemental Note: the vehicles are able to communicate with the roadway equipment for information)
between a vehicle and a user, (Kelkar: Paragraph 0299: “a request is sent to a first cooperating vehicle for cooperative sensing from a second cooperating vehicle. The request may be sent by the rendezvous module 1002 using a visual representation 2300. A user may interface with the visual representation 2300 using the display 450 and/or the portable device 454. The first cooperating vehicle may be selected based on a visual representation 2300 of the first cooperating vehicle. For example, the first cooperating vehicle may be selected by selecting a vehicle icon such as a first vehicle icon 2308, a second vehicle icon 2310, a third vehicle icon 2312, or a fourth vehicle icon 2314, shown in FIG. 15. The first cooperating vehicle may be selected based on its autonomy level. For example, the first cooperating vehicle may have a first autonomy level and the second cooperating vehicle may have a second autonomy level that is different than the first autonomy level. The visual representation 2300 may have icons that identify both the first cooperating vehicle and the second cooperating vehicle.”,
Supplemental Note: the vehicle may comprise of a display in which the vehicle user is able to interact with)
and/or between a vehicle and the cloud subsystem (Supplemental Note: the cloud subsystem does not need to be included as it is separated by an “or”).
Regarding claim 83, Kelkar, as modified, teaches wherein the road subsystem is configured to receive information from the cooperative management subsystem; the vehicle subsystem; the communication subsystem; the user subsystem; (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”; Paragraph 0299: “a request is sent to a first cooperating vehicle for cooperative sensing from a second cooperating vehicle. The request may be sent by the rendezvous module 1002 using a visual representation 2300. A user may interface with the visual representation 2300 using the display 450 and/or the portable device 454. The first cooperating vehicle may be selected based on a visual representation 2300 of the first cooperating vehicle. For example, the first cooperating vehicle may be selected by selecting a vehicle icon such as a first vehicle icon 2308, a second vehicle icon 2310, a third vehicle icon 2312, or a fourth vehicle icon 2314, shown in FIG. 15. The first cooperating vehicle may be selected based on its autonomy level. For example, the first cooperating vehicle may have a first autonomy level and the second cooperating vehicle may have a second autonomy level that is different than the first autonomy level. The visual representation 2300 may have icons that identify both the first cooperating vehicle and the second cooperating vehicle.”,
Supplemental Note: the swarm management framework is linked together with a road subsystem in which it can receive and send data with. This is connected with all of the subsystems included within the swarm system that includes connected vehicles that communication per a communication subsystem which includes road information from roadside equipment. The user is in the vehicle which receives this information and is able to act upon it)
and/or the cloud subsystem (Supplemental Note: the cloud subsystem does not need to be included as it is separated by an “or”).
Regarding claim 84, Kelkar, as modified, teaches wherein the road subsystem is configured to complete and/or support automated driving functions (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”: Paragraph 0088: “the vehicle systems 404 can include any type of vehicle control system and/or vehicle described herein to enhance the host vehicle and/or driving of the host vehicle. For example, the vehicle systems 404 can include autonomous driving systems, driver-assist systems, adaptive cruise control systems, lane departure warning systems, merge assist systems, freeway merging, exiting, and lane-change systems, collision warning systems, integrated vehicle-based safety systems, and automatic guided vehicle systems, or any other advanced driving assistance systems (ADAS).”,
Supplemental Note: the roadway equipment is able to send information to the swarm system so the vehicles can use for autonomous driving).
Regarding claim 85, Kelkar, as modified, teaches wherein the road subsystem is configured to manage sensing, prediction, planning, and/or control functions for a plurality of vehicles (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”; Paragraph 0094: “The goal may be determined based on the vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data from any number of sources such as the cooperative vehicles 208-220, roadway devices, infrastructure, etc. Additionally or alternatively, the goal module 102 may be determined based on the vehicle systems 404 such as the navigation system 446 and/or the vehicle sensors 406. The goal may also be determined based on compliance with a predetermined or predicted threshold, as will be described in greater detail with respect to FIG. 6.”,
Supplemental Note: the swarm management framework is linked together with a road subsystem in which it can receive and send data with. This is connected with all of the subsystems included within the swarm system that includes connected vehicles that communication per a communication subsystem which includes road information from roadside equipment. Using these roadway equipment’s, the goal can be set which is the overall tasks the swarm system are to complete)
and the plurality of vehicles comprises vehicles having different intelligence levels, vehicles having different brands and/or manufacturers, vehicles having different model years, and/or different vehicle models (Kelkar: Paragraph 0128: “A classic vehicle without sensing capability or decision-making ability may have a null autonomy level meaning that the car has only the most basic sensing ability, such as environmental temperature, and no decision-making ability. Conversely, a vehicle capable of decision making, path planning, and navigation without human intervention may have a full autonomy level. A fully autonomous vehicle may function, for example, as a robotic taxi. In between the null autonomy level and the full autonomy level exist various autonomy levels based on sensing ability and decision-making capability. A vehicle with a lower level of autonomy may have some sensing ability and some minor decision-making capability. For example, a cooperating vehicle having a lower level may use light sensors (e.g., cameras and light detecting and ranging (LiDAR) sensors) for collision alerts. A cooperating vehicle having a higher level of autonomy may be capable of decision making, path planning, and navigation without human intervention, but only within a defined area. These descriptions of levels are exemplary in nature to illustrate that there are differences in the autonomous abilities of different vehicles. More or fewer autonomy levels may be used. Furthermore, the levels may not be discrete such that they include specific functionalities, but rather be more continuous in nature.”,
Supplemental Note: various types of vehicles can be utilized by this system that fit the claimed criteria).
Regarding claim 86, Kelkar, as modified, teaches wherein the vehicle subsystem receives information from the cooperative management subsystem; the road subsystem; the vehicle subsystem; the communication subsystem; and/or the cloud subsystem and provides the information to a vehicle user and/or to an administrator (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”; Paragraph 0299: “a request is sent to a first cooperating vehicle for cooperative sensing from a second cooperating vehicle. The request may be sent by the rendezvous module 1002 using a visual representation 2300. A user may interface with the visual representation 2300 using the display 450 and/or the portable device 454. The first cooperating vehicle may be selected based on a visual representation 2300 of the first cooperating vehicle. For example, the first cooperating vehicle may be selected by selecting a vehicle icon such as a first vehicle icon 2308, a second vehicle icon 2310, a third vehicle icon 2312, or a fourth vehicle icon 2314, shown in FIG. 15. The first cooperating vehicle may be selected based on its autonomy level. For example, the first cooperating vehicle may have a first autonomy level and the second cooperating vehicle may have a second autonomy level that is different than the first autonomy level. The visual representation 2300 may have icons that identify both the first cooperating vehicle and the second cooperating vehicle.”,
Supplemental Note: the swarm management framework is linked together with a road subsystem in which it can receive and send data with. This is connected with all of the subsystems included within the swarm system that includes connected vehicles that communication per a communication subsystem which includes road information from roadside equipment. The user is in the vehicle which receives this information and is able to act upon it).
Regarding claim 87, Kelkar, as modified, teaches wherein the communication subsystem is configured to support information exchange among the cooperative management subsystem; the road subsystem; the vehicle subsystem; the communication subsystem; the user subsystem; and/or the cloud subsystem (Kelkar: Paragraph 0086: “The transceiver may be a radio frequency (RF) transceiver can be used to receive and transmit information to and from a remote server. In some embodiments, the VCD 402 can receive and transmit information to and from the remote server including, but not limited to, vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data. In some embodiments, the remote server can be linked to multiple vehicles, other entities, traffic infrastructures, and/or devices through a network connection, such as via the wireless network antenna, the roadside equipment, and/or other network connections.”; Paragraph 0299: “a request is sent to a first cooperating vehicle for cooperative sensing from a second cooperating vehicle. The request may be sent by the rendezvous module 1002 using a visual representation 2300. A user may interface with the visual representation 2300 using the display 450 and/or the portable device 454. The first cooperating vehicle may be selected based on a visual representation 2300 of the first cooperating vehicle. For example, the first cooperating vehicle may be selected by selecting a vehicle icon such as a first vehicle icon 2308, a second vehicle icon 2310, a third vehicle icon 2312, or a fourth vehicle icon 2314, shown in FIG. 15. The first cooperating vehicle may be selected based on its autonomy level. For example, the first cooperating vehicle may have a first autonomy level and the second cooperating vehicle may have a second autonomy level that is different than the first autonomy level. The visual representation 2300 may have icons that identify both the first cooperating vehicle and the second cooperating vehicle.”,
Supplemental Note: the swarm management framework is linked together with a road subsystem in which it can receive and send data with. This is connected with all of the subsystems included within the swarm system that includes connected vehicles that communication per a communication subsystem which includes road information from roadside equipment. The user is in the vehicle which receives this information and is able to act upon it).
Claims 76 and 78 are rejected under 35 U.S.C. 103 as being unpatentable over Kelkar et al. (US 20200133307 A1) further in view of Ran B. et al. (US 20200020227 A1) and Eigel et al. (US 20190353498 A1) as applied to claim 67 above, and further in view of Ran et al. (US 20200239031 A1).
Regarding claim 76, Kelkar, as modified, does not teach wherein the CM subsystem is configured to be operated independently by a service provider.
Ran teaches wherein the CM subsystem is configured to be operated independently by a service provider (Ran: Paragraph 0004: “the present technology relates to connected automated vehicle highway (CAVH) systems that coordinate vehicle movements by communication of information and control commands among vehicle subsystems and infrastructure subsystems. For instance, U.S. patent application Ser. No. 15/628,331, which is incorporated herein by reference, describes a system-oriented and fully-controlled CAVH system that provides various levels of connected and automated vehicles and highways. “,
Supplemental Note: the CAVH are able to fully control the connected vehicles, therefore are able to be operated by a service provider).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Kelkar. The swarm management framework of Kelkar does not teach a single entity able to control the goal parameters, however it does the ability of service providers to set business parameters that correspond to different aspects of the framework which are controlled (Kelkar: Paragraph 0220: “As another example, the business parameter may be based on a group affiliation. For example, one or more of the cooperating vehicles, or a vehicle occupant thereof, may be associated with a group that augments the business parameter. The group may be a subscription service, loyalty program, membership service, industry group, preferred group, undesirable group, or other group that collectively affects the pecuniary arrangement between the cooperating vehicles. For example, a preferred group may have predetermined business parameters (e.g., reduced payment rates, reduced deposit, etc.), preferred cooperating vehicles, and pre-negotiated parameters, among others.”) . These business parameters do not allow the entity to control the vehicle or to alter the goal whereas Ran teaches a CAVH system that is bale to coordinate vehicle movements and control vehicle commands. One of ordinary skill in the art would find the addition of the CAVH system to control the goal parameters of the swarm management framework to be improving similar devices in the same way per MPEP Section 2141. For example, the CAVH system controls the vehicles as taught in Ran, therefore it would be improving the swarm management framework of Kelkar as the CAVH can be used to implement goals such as improving traffic flow of a roadway by managing and controlling the swarm vehicles to travel on adjacent roadways instead of a congested highway. The addition of allowing an entity to set a goal for the swarm management framework of Kelkar allows the system to be controlled by a user and not just by the goal module (Kelkar: Paragraph 0094: “The goal may be determined based on the vehicle data, traffic data, road data, curb data, vehicle location and heading data, high-traffic event schedules, weather data, or other transport related data from any number of sources such as the cooperative vehicles 208-220, roadway devices, infrastructure, etc. Additionally or alternatively, the goal module 102 may be determined based on the vehicle systems 404 such as the navigation system 446 and/or the vehicle sensors 406. The goal may also be determined based on compliance with a predetermined or predicted threshold, as will be described in greater detail with respect to FIG. 6.”). Due to these reasons one would find the combination of the teachings of Ran with the teachings of Kelkar to be to be improving similar devices in the same way.
Regarding claim 78, Kelkar, as modified, does not teach wherein the cloud subsystem comprises and/or provides a macroscopic cloud, a mesoscopic cloud, and/or microscopic cloud.
Ran teaches wherein the cloud subsystem comprises and/or provides a macroscopic cloud, a mesoscopic cloud, and/or microscopic cloud (Ran: Paragraph 0016: “In some embodiments, the vehicle control functions are configured to receive information comprising decision maker instructions and/or recommendations. In some embodiments, the vehicle control functions are configured to receive information from an RSU, the TCC/TCU, and/or cloud. In some embodiments, the vehicle control functions provide macroscopic control of traffic flow or density on road segments or road networks. In some embodiments, the macroscopic control of vehicles comprises determining vehicle route. In some embodiments, the vehicle control functions provide mesoscopic control of vehicle platooning. In some embodiments, the vehicle control functions provide microscopic control of an individual vehicle. In some embodiments, microscopic control of individual vehicle comprises longitudinal control and lateral control of a vehicle. In some embodiments, longitudinal control comprises control of vehicle following and/or collision avoidance. In some embodiments, lateral control comprises control of vehicle merging, lane changing, diverging, and/or turning.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Kelkar. Kelkar teaches the ability of the swarm management framework to be able to communicate with a cloud system to control the various swarm vehicles to complete a goal. A microscopic cloud is able to make longitudinal control of a vehicle as taught by Ran, this ability is already taught by Kelkar, for example, as being able to pull a specific vehicle over to the side in case of an emergency vehicle behind them. One of ordinary skill in the art would find this as a simple substitution as both of the vehicle management systems are able to control the vehicles at a microscopic level. Furthermore, Kelkar also teaches the ability to set a goal that the swarm vehicles are to navigate and complete, this is equivalent to a macroscopic control of vehicles as it able to determine a vehicle route as taught by Ran. Due to these reasons, the different macroscopic, mesoscopic and microscopic clouds as taught by Ran to be a simple substitution with the swarm management framework of Kelkar as both teach the ability to control the vehicles at these various levels.
Response to Arguments
Applicant's arguments of the 2.1 The claims are not obvious section in the REMARKS/ARGUMENTS, filed 03/04/2026 regarding the 35 U.S.C. 103 prior art rejection for claims 67, 71 – 74, 76 and 78 – 87 have been fully considered but are not fully persuasive.
Applicant states the prior art Kelkar regarding independent claim 67 does not teach the claim limitation of “the road subsystem is configured to elevate a vehicle automation level from a lower automation level to a higher automation level”. Applicant cites to the previous office action mailed 12/10/2025 wherein the Examiner responds to the Applicant’s previous arguments regarding the prior art of Kelkar not teaching the same claim limitation of claim 67. Applicant however does not provide arguments replying to the Examiner’s response or any additional arguments stating specific examples of how the cited referenced of the prior art do not overcome the claimed limitation. Therefore, Applicant’s argument regarding this specified claim limitation is made moot.
Applicant also states the prior art Kelkar or Kelkar in view of Ran B. and Ran (referred to as Ran I and Ran II respectively by applicant), regarding independent claim 67 do not teach the amended claim limitation of “wherein the cloud subsystem is configured to elevate a vehicle automation level from a lower automation level to a higher automation level”. Examiner agrees that none of the previously used prior art teach this amended claim limitation. However, upon further consideration, a new ground(s) of rejection is made in view of Eigel (US 20190353498 A1).
Applicant further states that the prior art of Kelkar or Kelkar in view of Ran B. and Ran, regarding independent claim 67 do not teach the claim limitation of “wherein the long-tail scenario comprises a high concentration of pedestrians and bicycles”. Examiner respectfully disagrees. Kelker teaches the ability of identifying obstacles such as pedestrians and vehicles in a certain area. These obstacles are analyzed and determine whether or not to stop the handoff control of the vehicle (Kelkar: Paragraph 0056; Paragraph 0256). Therefore the ability to analyze these pedestrians and vehicles (which bicycles are categorized as) is taught by Kelker.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SHIVAM SHARMA/Examiner, Art Unit 3665
/Erin D Bishop/Supervisory Patent Examiner, Art Unit 3665
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