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 .
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 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.
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A Request for Continued Examination (RCE) under 37 CFR 1.114, including the fee set forth in
37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 30 March 2026 (RCE) has been entered.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1-21 have been considered but are moot because the new grounds of rejection are based on amendment(s) to the Claim(s).
With respect to independent Claim(s) 1: In response to applicant's argument that Fairweather et al. (US 11257340 B2) does not disclose “a tapered cylindrical body” and “wherein to initiate a pairing process with the motion sensor, the first and second radio modules share data according to an authentication process” , the examiner disagrees. Fairweather does teach the new claim language as demonstrated below.
Status
Independent Claim(s) 1 has/have been amended in the RCE filed 30 March 2026. Claim(s) 7-8 is/are canceled. A Non Final Rejection is being issued in this paper with regards to Claim(s) 1-6 and 9-21.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 9-12 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fairweather et al. (US 11257340 B2, see reference in its entirety).
With respect to independent Claim 1, Fairweather disclose(s): A system for traffic warning at a road construction work zone (Figs. 6, 7A, 8E & 10A-C) comprising: at least one motion sensor (Fig. 6; motion sensor 516 in detection unit 402) shaped to fit into an opening in at least one traffic cone (see annotated Fig. 7A below; motion sensor 516 in detection unit 402 fits into an opening in the traffic cone 552) comprising a first radio module (Fig. 6 and col. 9 lines 42-49 and col. 22 lines 36-38: 532) and associated with the at least one traffic cone proximate the road construction work zone for transmitting laser pulses in a direction of oncoming traffic and detecting reflected laser pulses from the oncoming traffic and in response transmitting an alert signal (Fig. 6 & 7A & 10A-C and column 10, lines 57-61; cone 552 is used in Figs. 10A-C which shows the proximity to road construction work zone and sensor 516 transmits may transmit laser pulses in the direction of oncoming traffic and detects reflected laser pulses from oncoming traffic and in response transmits alert signals 536 & 538 ); and a portable alert unit comprising a second radio module (col. 7 lines 40-46 and col. 22 lines 36-38) and configured to: in response to an activation of the portable alert unit, initiate a pairing process with the motion sensor; receive the alert signal from the motion sensor; and generate a warning of the oncoming traffic (Figs. 6 & 8E and column 11, lines 33-46 and column 12, line 66 through column 13, line 3; activation of the portable alert unit 412 is configured to initiate communication with the detection unit which includes the motion sensor 516 and the portable alert unit 412 is configured to receive the alert signal and generate a warning of the oncoming traffic); and wherein the motion sensor includes a tapered cylindrical body portion adapted to fit into the opening and a head portion that forms a plug for the opening (see annotated Fig. 5G & Fig. 7A below), wherein to initiate a pairing process with the motion sensor, the first and second radio modules share data according to an authentication process (col. 23 line 57 through col. 24 line 3).
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With respect to Claim 2, Fairweather teach(es) the system of Claim 1.
Fairweather further disclose(s): wherein the at least one motion sensor transmits said alert signal to the portable alert unit using radio communication (Fig. 6 and column 22, lines 5-15).
With respect to Claim 3, Fairweather teach(es) the system of Claim 2.
Fairweather further disclose(s): wherein the radio communication is via long range low- power wide-area network modulation and/or Class 1 radio (Fig. 6 and column 22, lines 5-15).
With respect to Claim 4, Fairweather teach(es) the system of Claim 1.
Fairweather further disclose(s): wherein the portable alert unit includes at least one of a speaker, lights and internal vibrator/shaker for generating said warning (Fig. 6; audio alert 536 & visual alert 538).
With respect to Claim 6, Fairweather teach(es) the system of Claim 1.
Fairweather further disclose(s): wherein the portable alert unit includes an actuator for activating initiation of communication with the at least one motion sensor (Fig. 5F; actuator 508 for actuating motion sensor 516).
With respect to Claim 9, Fairweather teach(es) the system of Claim 1.
Fairweather further disclose(s): wherein the head portion includes indicia indicating direction of the transmitted laser pulse to assist placement of the at least one motion sensor for detecting the oncoming traffic (Fig. 7B; indicia indicating direction 512 of the transmitted laser pulse).
With respect to Claim 10, Fairweather teach(es) the system of Claim 1.
Fairweather further disclose(s): wherein the portable alert unit includes a processor connected to a packet radio controller and at least one of a speaker, lights and a vibrator/shaker for causing the portable alert unit to vibrate (Figs. 8F-G; processor 820 and packet radio controller 822 and lights 806).
With respect to Claim 11, Fairweather teach(es) the system of Claim 10.
Fairweather further disclose(s): wherein the packet radio controller is activated by a switch for initiating communication with the motion sensor via the second radio module and an antenna (Fig. 8G and column 9, lines 42-52; packet radio controller 822 is activated by a switch via processor 820 for initiating communication with the motion sensor 516 via the second radio module and an antenna).
With respect to Claim 12, Fairweather teach(es) the system of Claim 10.
Fairweather further disclose(s): wherein the lights comprise a multi-colour LED display (Fig. 8F and column 24, lines 41-61; multi-colour LED lights 806).
With respect to Claim(s) 19, Fairweather disclose(s) a method of operating the system of Claim 1.
Fairweather further disclose(s): a method of operating by pairing the portable alert unit and at least one motion sensor; activating the at least one motion sensor to transmit laser pulses in a direction defined by a lens; receiving the reflected laser pulse from the oncoming traffic; calculating distance of the oncoming traffic; transmitting an alert to the portable alert unit; and generating an alarm of the oncoming traffic at the portable alert unit (Figs. 5E, 6, 7A & 8F and column 9, lines 7-17; portable alert unit 412 and motion sensor 516 in detection unit 402 are paired; motion sensor 516 transmits laser pulses by a lens of 510; receives the reflected laser pulse from oncoming traffic and generates an alarm at the portable alert unit 412 ).
With respect to Claim(s) 20, Fairweather disclose(s) the method of Claim 19.
Fairweather further disclose(s): wherein calculating distance of the oncoming traffic comprises calculating the amount of time that each transmitted laser pulse is reflected back from the oncoming traffic and calculating therefrom the distance between the oncoming traffic and the at least one motion sensor (column 9, lines 7-17 and lines 49-52; distance may be calculated by the transmitted laser pulse reflected back from oncoming traffic for the distance between the oncoming traffic and the motion sensor 516 in detection unit 402).
With respect to Claim(s) 21, Fairweather disclose(s) the method of Claim 20.
Fairweather further disclose(s): wherein the alert is transmitted to the portable alert unit in the event that the distance is less than a threshold (column 10, lines 22-37; the alert transmitted to the portable alert unit 412 in the event the distance is less than a threshold is compared to predetermined threshold data).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 and 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fairweather et al. in view of Yifrach (US 2012/0222611 A1, see reference in its entirety).
Regarding Claim(s) 5, Fairweather disclose(s) the system of Claim 1.
Fairweather does not specifically disclose: wherein the at least one motion sensor includes a LIDAR (Light Detection and Ranging) sensor.
However, Yifrach disclose(s) a system (Fig. 1) including: wherein the at least one motion sensor includes a LIDAR (Light Detection and Ranging) sensor (Fig. 1 and paragraph [0108]; motion sensor is a LIDAR detector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Fairweather, with the teachings of Yifrach, for the purpose of allowing increase in accuracy of measurement and analysis (Paragraphs [0075-76]).
Regarding Claim(s) 13, Fairweather disclose(s) the system of Claim 1.
Fairweather further disclose(s): wherein the motion sensor includes a processor connected to the first radio module having an antenna (Fig. 8G and column 9, lines 42-52; processor 820 connected to the motion sensor 516 via the first radio module and antenna).
Fairweather does not specifically disclose: a LIDAR (Light Detection and Ranging) sensor.
However, Yifrach disclose(s) a system (Fig. 1) including: a LIDAR (Light Detection and Ranging) sensor (Fig. 1 and paragraph [0108]; motion sensor is a LIDAR detector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Fairweather, with the teachings of Yifrach, for the purpose of allowing increase in accuracy of measurement and analysis (Paragraphs [0075-76]).
Regarding Claim(s) 14, Fairweather and Yifrach disclose(s) the system of Claim 13.
The combination does not specifically disclose: wherein the LIDAR sensor comprises a transmitter, a receiver, a transmitting lens, a receiving lens, and a timer and analog-to-digital (A/D) converter.
However, Yifrach further disclose(s): wherein the LIDAR sensor comprises a transmitter, a receiver, a transmitting lens, a receiving lens, and a timer and analog-to-digital (A/D) converter (Fig. 1 and paragraph [0108]; motion sensor is LIDAR detector which is understood to use a transmitter, a receiver transmitting and receiving lenses, a timer and A/D converter s to emit the laser pulses).
Motivation to combine is the same as Claim 13.
Regarding Claim(s) 15, Fairweather and Yifrach disclose(s) the system of Claim 13.
The combination does not specifically disclose: wherein the LIDAR sensor comprises a transmitter for transmitting the laser pulses, a transmitting lens for directing the laser pulse toward the oncoming traffic, a receiver and a receiving lens for detecting the reflected laser pulses from the direction of the oncoming traffic.
However, Yifrach further disclose(s): wherein the LIDAR sensor comprises a transmitter for transmitting the laser pulses, a transmitting lens for directing the laser pulse toward the oncoming traffic, a receiver and a receiving lens for detecting the reflected laser pulses from the direction of the oncoming traffic (Fig. 1 and paragraph [0108]; LIDAR detector is understood to use transmitters via transmitting lenses to emit the laser pulses and receivers with receiving lens to detect laser pulses).
Motivation to combine is the same as Claim 13.
Regarding Claim(s) 16, Fairweather and Yifrach disclose(s) the system of Claim 15.
The combination does not specifically disclose: wherein the transmitter comprises a laser diode.
However, Yifrach further disclose(s): wherein the transmitter comprises a laser diode (Fig. 1 and paragraph [0108]; LIDAR detector is understood to use transmitters via transmitting lenses to emit the laser pulses via a laser diode).
Motivation to combine is the same as Claim 13.
Regarding Claim(s) 17, Fairweather and Yifrach disclose(s) the system of Claim 15.
The combination does not specifically disclose: wherein the receiver comprises a photodiode.
However, Yifrach further disclose(s): wherein the receiver comprises a photodiode (Fig. 1 and paragraph [0108]; LIDAR detector is understood to use photodiodes).
Motivation to combine is the same as Claim 13.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fairweather et al. and Yifrach further in view of Pandit et al. (WO 2021/003201 A1, see reference in its entirety).
Regarding Claim(s) 18, Fairweather and Yifrach disclose(s) the system of Claim 13.
The combination does not specifically disclose(s): wherein the LIDAR sensor includes a timer and analog-to- digital (A/D) converter for calculating the amount of time that each transmitted laser pulse is reflected back to the receiver to calculate the distance between the oncoming traffic and the at least one motion sensor.
However, Pandit disclose(s) a system (Fig. 1) including: wherein the LIDAR sensor includes a timer and analog-to- digital (A/D) converter for calculating the amount of time that each transmitted laser pulse is reflected back to the receiver to calculate the distance between the oncoming traffic and the at least one motion sensor (Fig. 1 and paragraphs [0041] & [0042]; LIDAR 130 includes a timer and an A/D converter for calculating transmitted laser pulses to calculate distance between oncoming traffic and the sensor).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the combined system of Fairweather and Yifrach, with the teachings of Pandit, for the purpose of rendering information quickly (Paragraph [00122]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following reference(s) relate(s) to traffic warning systems having radio modules: Selevan US 10922987 B2); Toman (US 5552767); Selevan et al. (US 12277845 B2); Souza (US 6288651 B1); Nelson et al. (US 7030777 B1).
The following reference(s) relate(s) to traffic warning systems having tapered cylindrical body portions: Klein et al. (US 8631755 B2); Huang (US 8698647 B2).
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/TC/
11 June 2026
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
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