DETAILED ACTION
Response to Amendment
This action is in response to the remark entered on July 13th, 2025.
Claims 1 – 3, 6, 9-14 and 16 – 20 are pending in current application.
Claims 1 – 3, 6, 9 – 14, 16 and 17 are amended.
Claim 4, 7, 8 and 15 are canceled.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1,2 and 4 – 12, 14 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US Pat Pub No.2017/0288722) in view of Jha et al (PCT US/2020/058921 in view of US Pat Pub No. 2022/0332350).
Regarding claim 1, Berry shows a plurality of pavement marker comprising (See at least Para 0072 for DER 100 also shown on figure 1; also on Para 0076 for DER network 600 with plurality of DERs 610 on figure 6):
a transponder (See at least Para 0072 for communication interface coupled with external node 470; also at least Para 0050 for transceiver 420 with antenna 450 in DER 100 also shown on figure 4),
an environmental sensor (See at least Para 0062 and 0064 for sensor 445/465 detecting RFID, vehicle, surrounding environment, temperature, moisture within DER 100 also shown on figure 4),
each transponder operative to send sensor data to network nodes (See at least Para 0064 for driveless/automated vehicle detect the lane markers/DERs with sensor data within the lane for each vehicle as a node with transceiver 830 on Para 0086 also on figure 8),
operative to receive data from pavement marker of the plurality of pavement marker (See at least Para 0092 for plurality of access point node operated by control unit 905 connecting to network 495;also on Para 0064 for vehicle automated response with respect to detected temperature),
Jha et al further shows transponder send data to a pluarlity of automated vehicle control distributed network nodes located at roadside ( See at least Para 0238 for road side infrastructure system 1800 with R-ITS-S/road side unit 1801 connect to components of the roadside system/sensor 1808 and output device 1805; On at least Para 0051 for RSU 130 includes wired/wireless communication interface to communicate with other RSUs 130; On at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105),
each automated vehicle control distribution network node operative to send control signals to autonomous vehicle (See al least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105; on at least Para 0251 for GMPs, maneuver coordinate strategies, performed by R-ITS-S/roadside unit 130 discussed above, includes a sequence of actions/motions performed by V-ITS-S/Vehicle 110),
for acceleration (See at Para 0250 for motion controller periodically send desired set point to actuator for fuel injection as acceleration), deceleration (See at least Para 0105 for deceleration) and steering (See at least Para 0250 for steering operation by motion controller under maneuver coordination group discussed above on at least Para 0100 - 0108).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide roadside unit for autonomous vehicle navigation of Jha et al, utilizing the vehicle infrastructure node of Berry, since using the known element marker of Berry, would provide further enhance for autonomous navigation in the known roadside infrastructure as similar device in Jha et al in order to yield predictable results.
Regarding claim 11, Berry shows a method of operating a pavement marker comprising:
obtaining environmental data from an environmental sensor from a plurality of pavement markers (See at least Para 0062 and 0064 for sensor 445/465 detecting RFID, vehicle, surrounding environment, temperature, moisture within DER 100 also shown on figure 4; also on figure 10 for plurality of DERs 100 during vehicle 800 driving course from t1 – t4);
each pavement marker comprising a transponder and an environment sensor ( See at least Para 0050 for transceiver 420 with antenna 450 in DER 100 also shown on figure 4; also on at least Para 0062 and 0064 for sensor 445/465 detecting RFID, vehicle, surrounding environment, temperature, moisture within DER 100 also shown on figure 4),
sending the environmental data from the transponder to network node of network ( See at least Para 0059 for DERs with camera 425 capture surrounding environment and further sending captured surrounding environment image along with gps coordinate as environmental data; also on at least figure 4 for DER 100 communicates with mobile terminal 470 connecting to network; also on Para 0067 for network node 470 connected to communication interface 430 for sending environmental data),
comprising a plurality of network nodes (See at least figure 6 for plurality of nodes 470a and 470b as plurality of nodes also on Para 0067);
operative to receive data from pavement marker of the plurality of pavement marker (See at least Para 0092 for plurality of access point node operated by control unit 905 connecting to network 495; also on Para 0064 for vehicle automated response with respect to detected temperature);
Jha et al further shows transponder send data to a pluarlity of automated vehicle control distributed network nodes located at roadside (See at least Para 0238 for road side infrastructure system 1800 with R-ITS-S/road side unit 1801 connect to components of the roadside system/sensor 1808 and output device 1805; On at least Para 0051 for RSU 130 includes wired/wireless communication interface to communicate with other RSUs 130; On at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105),
each automated vehicle control distribution network node operative to send control signals to autonomous vehicle (See at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105; on at least Para 0251 for GMPs, maneuver coordinate strategies, performed by R-ITS-S/roadside unit 130 discussed above, includes a sequence of actions/motions performed by V-ITS-S/Vehicle 110),
for acceleration (See at Para 0250 for motion controller periodically send desired set point to actuator for fuel injection as acceleration), deceleration (See at least Para 0105 for deceleration) and steering (See at least Para 0250 for steering operation by motion controller under maneuver coordination group discussed above on at least Para 0100 - 0108).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide roadside unit for autonomous vehicle navigation of Jha et al, utilizing the vehicle infrastructure node of Berry, since using the known element marker of Berry, would provide further enhance for autonomous navigation in the known roadside infrastructure as similar device in Jha et al in order to yield predictable results.
Regarding claim 17, Berry shows receiving data from a plurality of pavement markers (See at least figure 10 for plurality of DER 100 connected with network 490),
by a plurality of network nodes (See at least Para 0092 for plurality of access point node operated by control unit 905 connecting to network 495; also on Para 0064 for vehicle automated response with respect to detected temperature),
each pavement marker comprising a transponder operatively coupled to an environmental sensor (See at least Para 0062 and 0064 for sensor 445/465 detecting RFID, vehicle, surrounding environment, temperature, moisture within DER 100 also shown on figure 4);
each node of the plurality of network nodes (See at least Para 0092 for plurality of access point node operated by control unit 905 connecting to network 495; also on Para 0064 for vehicle automated response with respect to detected temperature; see also figures 6 and 8 for device 100 connected to network 495 via node 470);
is operative to receive data from at least one pavement marker of the plurality of pavement markers (See at least Para 0092 for plurality of access point node operated by control unit 905 connecting to network 495; also on Para 0064 for vehicle automated response with respect to detected temperature);
Jha et al further shows transponder send data to a pluarlity of automated vehicle control distributed network nodes located at roadside (See at least Para 0238 for road side infrastructure system 1800 with R-ITS-S/road side unit 1801 connect to components of the roadside system/sensor 1808 and output device 1805; On at least Para 0051 for RSU 130 includes wired/wireless communication interface to communicate with other RSUs 130; On at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105),
each automated vehicle control distribution network node operative to send control signals to autonomous vehicle (See at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105; on at least Para 0251 for GMPs, maneuver coordinate strategies, performed by R-ITS-S/roadside unit 130 discussed above, includes a sequence of actions/motions performed by V-ITS-S/Vehicle 110),
for acceleration (See at Para 0250 for motion controller periodically send desired set point to actuator for fuel injection as acceleration), deceleration (See at least Para 0105 for deceleration) and steering (See at least Para 0250 for steering operation by motion controller under maneuver coordination group discussed above on at least Para 0100 - 0108).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide roadside unit for autonomous vehicle navigation of Jha et al, utilizing the vehicle infrastructure node of Berry, since using the known element marker of Berry, would provide further enhance for autonomous navigation in the known roadside infrastructure as similar device in Jha et al in order to yield predictable results.
Regarding claims 2 and 12, Berry shows the environmental sensor is an environmental sensor from the group of: a temperature sensor, a moisture sensor (See at least Para 0062 and 0064 for sensor detecting RFID, vehicle, surrounding environment, temperature, moisture; see also MPEP 2117 for Markush Group; Treatment of claims reciting alternatives is not governed by the particular format used (e.g., alternatives may be set forth as "a material selected from the group consisting of A, B, and C" or "wherein the material is A, B, or C").
Regarding claims 6 and 16, Berry shows the transponder is a radio frequency identification (RFID) tag (See at least Para 0062 for control system as transponder includes sensor 465 detects signal of rfid chips and further communicates with transceiver 420/communication interface 430 signaling to another communication interface or traffic control devices; pleas also see supplemental for rfid sensor as tag).
Regarding claims 9 and 19, Berry shows each distributed network node comprises:
vehicle prediction processing (See at least Para 0055 for estimate vehicle arrive time),
operative to predict vehicle location and velocity of vehicles on a roadway having the plurality of pavement markers (; See also Para 0054 for radar unit 415 within DER 100 determine speed and direction travel of the vehicle);
each network node is operative to calibrate location using geo-location data from at least one of the pavement markers (See at least Para 0096 for receiving deduced control unit 905 location indicating each location of DERs), to generate a calibrated location used by the vehicle prediction processing (See at least Para 0096 for receiving deduced control unit 905 location indicating each location of DERs);
Jha et al further shows automated vehicle control network node (See at least Para 0238 for road side infrastructure system 1800 with R-ITS-S/road side unit 1801 connect to components of the roadside system/sensor 1808 and output device 1805; On at least Para 0051 for RSU 130 includes wired/wireless communication interface to communicate with other RSUs 130; On at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide roadside unit for autonomous vehicle navigation of Jha et al, utilizing the vehicle infrastructure node of Berry, since using the known element marker of Berry, would provide further enhance for autonomous navigation in the known roadside infrastructure as similar device in Jha et al in order to yield predictable results.
Regarding claims 10 and 20, Berry shows each network node further comprises a vehicle controller (See at least Para 0050 for network node 470 included by control system 400 function as access point for access control node signaling further regulate vehicle control information signal; also Para 0067 for network node 470 configured to enable control system);
operatively coupled to the vehicle prediction processing to receive vehicle prediction data (See at least Para 0096 for receiving deduced control unit 905 location indicating each location of DERs), operative to send control signals to a plurality of vehicles in response to the vehicle prediction data received from the vehicle prediction processing (See at least abstract for the network is vehicle to vehicle communication network V2V);
Jha et al further shows automated vehicle control distributed network node (See at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105; on at least Para 0251 for GMPs, maneuver coordinate strategies, performed by R-ITS-S/roadside unit 130 discussed above, includes a sequence of actions/motions performed by V-ITS-S/Vehicle 110).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide roadside unit for autonomous vehicle navigation of Jha et al, utilizing the vehicle infrastructure node of Berry, since using the known element marker of Berry, would provide further enhance for autonomous navigation in the known roadside infrastructure as similar device in Jha et al in order to yield predictable results.
Regarding claims 14 and 15, Berry shows the transponder is operative to receive data from the environmental sensor (See at least Para 0062 and 0064 for sensor 445/465 detecting RFID, vehicle, surrounding environment, temperature, moisture within DER 100 also shown on figure 4) and send the data to an node of the network ( See at least Para 0064 for driveless/automated vehicle detect the lane markers/DERs with sensor data and control the vehicle within the lane for each vehicle as a node with transceiver 830 on Para 0086 also on figure 8; also on at least figure 4 for DER 100 communicates with mobile terminal 490 as node via VPN network; see also Para 0067 for network node 470 connected to communication interface 430 for sensor signal communication via data communication protocol on at least Para 0046, 0050, 0065 and 0075);
Jha et al further shows automated vehicle control distributed network (See at least Para 0051 for RSU 130 includes wired/wireless communication interface to communicate with other RSUs 130) and node (See at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105; on at least Para 0251 for GMPs, maneuver coordinate strategies, performed by R-ITS-S/roadside unit 130 discussed above, includes a sequence of actions/motions performed by V-ITS-S/Vehicle 110).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide roadside unit for autonomous vehicle navigation of Jha et al, utilizing the vehicle infrastructure node of Berry, since using the known element marker of Berry, would provide further enhance for autonomous navigation in the known roadside infrastructure as similar device in Jha et al in order to yield predictable results.
Regarding claim 18, Berry shows receiving by the network nodes ( See at least figure 6 for plurality of pavement markers/DERs 100), data from at least one environmental sensor via the transponder in at least one pavement marker of the plurality of pavement markers (See at least Para 0062 and 0064 for sensor 445/465 detecting RFID, vehicle, surrounding environment, temperature, moisture within DER 100 also shown on figure 4; See at least figure 6 for plurality of pavement markers/DERs 100 );
Jha et al further shows a plurality of automated vehicle control distributed network nodes (See at least Para 0100 - 0108 for R-ITS-S 130 takes the rule of leadership in vehicle maneuver coordination group for autonomous vehicle control also shown on figure 6 such as deceleration on Para 0105; on at least Para 0251 for GMPs, maneuver coordinate strategies, performed by R-ITS-S/roadside unit 130 discussed above, includes a sequence of actions/motions performed by V-ITS-S/Vehicle 110).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Berry in view of Jha et al (PCT US/2020/058921 in view of US Pat Pub No. 2022/0332350) and further in view of June et al (US Pat Pub No.2007/0048084).
Regarding claims 3 and 13, Berry shows sending temperature data to the automated vehicle control distribution network from a temperature sensor operatively coupled to the transponder (See at least Para 0062 and 0064 for sensor detecting RFID, vehicle, surrounding environment, temperature, moisture coupled to communication interface 430 and transceiver 420 via processing circuitry 410 also shown on figure 4; See at least Para 0072 for communication interface coupled with external node 470; also at least figure 4 for transceiver 420 with antenna 450 within DER 100 coupled with sensor 445/465 via processing circuit 410);
sending moisture data to the network from a moisture sensor, operatively coupled to the transponder (See at least Para 0062 and 0064 for sensor detecting RFID, vehicle, surrounding environment, temperature, moisture coupled to communication interface 430 and transceiver 420 via processing circuitry 410 also shown on figure 4; See at least Para 0072 for communication interface coupled with external node 470; also at least figure 4 for transceiver 420 with antenna 450 within DER 100 coupled with sensor 445/465 via processing circuit 410);
sending data to the network from a sensor operatively coupled to the transponder (See at least Para 0062 for sensor mounted on DER 100 detecting vehicles with communication to transceiver 420 and communication interface 430); Berry does not further specify the sensor data as pressure data from pressure sensor and inertia data from inertia sensor.
Jung further shows sensor data as pressure and from pressure sensor (See at least Para 0107 and figure 4 for road way marker 804 for automotive also on figure 19 for pressure device entity 114/144 on Para 0164) and inertia data from inertia sensor (See at least Para 0107 and figure 4 for road way marker 804 for automotive also on figure 19 for inertia device entity 120/160 on Para 0164).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide pressure and inertia signal of road marker in Jung, for the marker of Berry, since providing additional sensor signal of Jung, would provide additional information for traffic control and safety control as discussed by the DER sensor of Berry, Para 0062.
Response to argument
In response to applicant's remark that Berry on Para 0086 and 0064 does not shows applicant recited claim limitation regarding “each transponder operative to send sensor data to a plurality of automated vehicle control distributed network nodes” and “automated vehicle control distributed node located at roadsides” since Berry on Para 0086 merely shows vehicle sending data to DER and does not show vehicle operation control on Para 0095 and 0113 of Berry;
However, applicant’s attention is now directed to Jha et al, in this instant case, Jha et al discussed a method for autonomous vehicle maneuver under Intelligent Transportation System, ITS, on Para 0002- 0005 where the autonomous vehicle maneuver under the EGMC embodiment 2, Para 0100, utilized the roadside unit, R-ITS-S 130 for autonomous vehicle control. Para 0208 also further discussed R-ITS-S 130 controls the autonomous vehicle along with vehicle motion control 1608 trigger by ITS-s applications, Para 0249/0250 controlled by RSU 130 on Para 0051 and 0057.
Conclusion
THIS ACTION IS MADE FINAL. 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.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ian JEN whose telephone number is (571)270-3274. The examiner can normally be reached 11AM - 7PM.
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/Ian Jen/Primary Examiner, Art Unit 3664
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