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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
In Claims 1-2, 9, 11, and 13-14, the limitations shown below have been interpreted under 112(f). Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1-2, 9, 11, and 13-14 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
Claim 1 recites “a storage means for storing”, “an acquisition means for acquiring”, and “a generating means for generating”
“a storage means for storing” (Memory 102 - ¶ 53)
“an acquisition means for acquiring” (Communication Interface 103 - ¶ 54)
“a generating means for generating” (Processor 101 - ¶ 56)
Claim 2 recites “a communication means for data communication”
“a communication means for data communication” (Communication Interface 103 - ¶ 54)
Claim 9 recites “a storage means for storing”, “a receiving means for receiving”, “an identifying means for” and “a transmitting means for transmitting”
“a storage means for storing” (Memory 102 - ¶ 53)
“a receiving means for receiving” (“a functional component realized by Touchscreen 204 (touch panel portion), which operates under the control of Processor 201.” - ¶ 104)
“an identifying means for identifying” (Processor 101 - ¶ 52)
“a transmitting means for transmitting” (Communication Interface 103 - ¶ 51)
Claim 11 recites “a storage means for storing”, “a receiving means for receiving”, “a determining means for determining”, and “a transmitting means for transmitting”
“a storage means for storing” (Memory 102 - ¶ 53)
“a receiving means for receiving” (Touchscreen 204 - ¶ 104)
“a determining means for determining” (Processor 101 - ¶ 57)
“a transmitting means for transmitting” (Communication Interface 103 - ¶ 51)
Claim 13 recites “a communication means for receiving”, “a storage means for storing”, “a position measuring means for measuring”, and “a determining means for determining”
“a storage means for storing” (Memory 102 - ¶ 53)
“a position measuring means for measuring” (GNSS UNIT 208 - ¶ 90)
“a determining means for determining” (Processor 101 - ¶ 57)
Claim 14 recites “a notifying means for notifying”
“a notifying means for notifying” (“a functional component realized by Touchscreen 204 (display portion) and Speaker 206, which operate under the control of Processor 201” - ¶ 97)
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
(1) amend the claim limitation to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or
(2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9, 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by TAMURA et al. (US 20190285427, hereinafter, “TAMURA”).
Claim 9. TAMURA teaches: A system comprising: - See Fig. 1, 3
a storage means for storing - See Fig. 3, ¶ [0067], (“a storage unit 4”) communication possibility data - See Fig. 4-5, ¶ [0090], (“The prediction unit 34 predicts, and stores in the communication quality database 41 of the storage unit 4, a communication quality on a running route where a running probability is calculated…running probabilities are calculated for the plurality of on-vehicle devices 50, so that the prediction unit 34 predicts communication qualities for all communication areas.”) indicating what quality of data, - in ¶ [0097], (“a communication quality is represented by four levels of “1” to “4” where a larger number indicates a better communication quality.”) in which area, - See Fig. 4, ¶ [0091], (“an area ID and a transition of a communication quality are caused to correspond thereto and stored in the communication quality database”) can be communicated in real time between a terminal device in a specific area and a communication partner device, - in ¶ [0065], (“it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time”); ¶ [0067], (“The communication unit 2 is connected to the network N as described above and executes transmission or receipt of data with each on-vehicle device”)
a receiving means - in ¶ [0053], (“The GPS antenna 84”) for receiving position data indicating a position from a terminal device, - in ¶ [0053], (“The GPS antenna 84 notifies the on-vehicle device 50 of position information that indicates a current location of a vehicle C.”); ¶ [0056], (“The acquisition unit 61 acquires…position information of the vehicle C from the GPS antenna 84”)
an identifying means - in ¶ [0096], (“the prediction unit 34”) for identifying a quality of data - in ¶ [0097], (“a communication quality is represented by four levels of “1” to “4” where a larger number indicates a better communication quality.”) that can be communicated in real time with a communication partner device by a terminal device - in ¶ [0065], (“it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time”); ¶ [0067], (“The communication unit 2 is connected to the network N as described above and executes transmission or receipt of data with each on-vehicle device”) at a position indicated by the position data received by the receiving means - in ¶ [0093], (“The prediction unit 34 acquires a communication quality in each current communication area based on transmission speed information”) based on the communication possibility data, - See Fig. 4-5, ¶ [0090], (“The prediction unit 34 predicts, and stores in the communication quality database 41 of the storage unit 4, a communication quality on a running route where a running probability is calculated…running probabilities are calculated for the plurality of on-vehicle devices 50, so that the prediction unit 34 predicts communication qualities for all communication areas.”) and
a transmitting means – in ¶ [0067], (“communication unit”) for transmitting quality data indicating the quality identified by the identifying means – in ¶ [0056], (“The acquisition unit 61 acquires schedule information of a user from the user terminal 81…position information of the vehicle C from the GPS antenna 84, and appropriately transmit it to the communication device 1 through the communication unit 5.”); ¶ [0059], (“the creation unit 63 causes an identifier, a point of time, position information, or the like for identifying a vehicle C to correspond to vehicle data and subsequently executes reduction according to a reduction method…so that upload data are created.”) to a terminal device from which the position data received by the receiving means is transmitted. - in ¶ [0067], (“it is also possible for the communication unit 2 to transmit or receive information with the client device 500.”); ¶ [0056], (“The acquisition unit 61 acquires…position information of the vehicle C from the GPS antenna 84, and appropriately transmit it to the communication device 1 through the communication unit 5.”)
Claim 16 is rejected under the same rationale as Claim 9 since they recite nearly identical limitations.
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.
Claims 1, 2, 5-6, 10, 15 are rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of RALEIGH et al. (WO 2013138203 A1, hereinafter, “RALEIGH”).
Claim 1. TAMURA teaches: A system comprising: - See Fig. 1, 3
a storage means for storing - See Fig. 3, ¶ [0067], (“a storage unit 4”) correspondence data indicating a correspondence between a quality of data to be communicated and a communication speed required to communicate data having the quality in real time; - See Fig. 3, ¶ [0067], (“a storage unit 4”); ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…converts a measured transmission speed into, for example, four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values…[0065] Thereby, it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time.”); See Fig. 4, ¶ [0097], (“as illustrated in FIG. 4, a communication quality is represented by four levels of “1” to “4”)
an acquisition means for acquiring - See Fig. 3, in ¶ [0068], (“an acquisition unit 31”); ¶ [0053], (“The GPS antenna 84 notifies the on-vehicle device 50 of position information”) position data indicating a position of a terminal device - in ¶ [0072], (“the acquisition unit 31 acquires from the on-vehicle device 50, and stores in the action information database 42, position information of a vehicle C”) and communication speed data indicating a communication speed in data communications made by a terminal device – in ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…during a period of time when a power source of the on-vehicle device 50 is turned on. The measurement unit 64 converts a measured transmission speed into, for example, four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values, and transmits it to the communication device 1 through the communication unit 5”) at a position indicated by the position data with a communication partner device; - in ¶ [0064], (“The measurement unit 64 converts a measured transmission speed…creates transmission speed information where position information of a current location is caused to correspond to such evaluation values, and transmits it to the communication device 1 through the communication unit 5”) and
a generating means - See Fig. 3, ¶ [0067], (“a control unit 3”) for generating communication possibility data - See Fig. 4-5, ¶ [0090], (“The prediction unit 34 predicts, and stores in the communication quality database 41 of the storage unit 4, a communication quality on a running route where a running probability is calculated…running probabilities are calculated for the plurality of on-vehicle devices 50, so that the prediction unit 34 predicts communication qualities for all communication areas.”) indicating what quality of data, - in ¶ [0097], (“a communication quality is represented by four levels of “1” to “4” where a larger number indicates a better communication quality.”) in which area, - See Fig. 4, ¶ [0091], (“an area ID and a transition of a communication quality are caused to correspond thereto and stored in the communication quality database”) can be communicated in real time between a terminal device and a communication partner device - in ¶ [0065], (“it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time”); ¶ [0067], (“The communication unit 2 is connected to the network N as described above and executes transmission or receipt of data with each on-vehicle device”) based on the position data, the communication speed data corresponding to the position data, - in ¶ [0093], (“The prediction unit 34 acquires a communication quality in each current communication area based on transmission speed information”) and the correspondence data. - in ¶ [0064], (“The measurement unit 64 converts a measured transmission speed into…four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values…[0065] it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time”)
TAMURA does not explicitly teach:
a storage means for storing correspondence data indicating a correspondence between a quality of data to be communicated and a communication speed required to communicate data having the quality in real time;
However, RALEIGH teaches:
a storage means for storing correspondence data indicating a correspondence between a quality of data to be communicated and a communication speed required to communicate data having the quality in real time; - See pg. 18, (“HD video content for a large screen TV may require 4 Mbps for a reliable streaming (for example real-time). The communication network such as home broadband access network 110 may not be able to sustain 4Mbps over the duration of the video. For example, HD video content for smart phone may require 0.5 Mbps for a reliable streaming (for example realtime).”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA with RALEIGH to include speed required to communicate data having the quality in real time, as taught by RALEIGH. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by RALEIGH, The user of a specific user device often is interested in access to a specific content over a specific communications network at a specific time/location. Often the size of the content or the speed/cost of the communication network make it impractical to access the content…and results is a dissatisfied user. - See pg. 1
Claim 2. Combination of TAMURA and RALEIGH teaches The system according to claim 1, - refer to the indicated claim for reference(s).
TAMURA teaches:
further comprising: a communication means for data communication with a terminal device, - in ¶ [0067], (“The communication unit 2 is connected to the network N as described above and executes transmission or receipt of data with each on-vehicle device”) wherein, the communication speed data acquired by the acquisition means – in ¶ [0072], (“the acquisition unit 31 acquires from the on-vehicle device 50, and stores in the action information database 42, position information of a vehicle C”) indicates a communication speed in data communications made by the communication means with a terminal device – in ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…during a period of time when a power source of the on-vehicle device 50 is turned on. The measurement unit 64 converts a measured transmission speed into…four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values, and transmits it to the communication device 1 through the communication unit 5”) at a position indicated by the position data. - in ¶ [0064], (“The measurement unit 64…creates transmission speed information where position information of a current location is caused to correspond to such evaluation values”)
Claim 5. Combination of TAMURA and RALEIGH teaches The system according to claim 2, - refer to the indicated claim for reference(s).
TAMURA teaches:
wherein, the communication means receives from a server device - See Fig. 1, ¶ [0018], (“The communication device 1 is, for example, a server device that collects running data…”) weather data indicating weather at a position indicated by the position data at a time indicated by the time data corresponding to the position data, - in ¶ [0068], (the communication device 1 includes a learning unit 32); ¶ [0076], (“The learning unit 32 derives a regularity of a position where a vehicle C is stopped…a history of position information…¶ [0077] it is possible for the learning unit 32 to link a point of time, a day of week, weather…learn a trend of movement of the on-vehicle device 50 that is dependent on a point of time, a day of week, weather”) and the generating means generates the communication possibility data for each type of weather based on the weather data. - in ¶ [0077], (“the learning unit 32…to derive a regularity…trend of movement of the on-vehicle device 50 that is dependent on…weather”)
Claim 6. Combination of TAMURA and RALEIGH teaches The system according to claim 1, - refer to the indicated claim for reference(s).
TAMURA further teaches:
wherein, the acquisition means acquires, in addition to the position data and the communication speed data corresponding to the position data, - in ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…during a period of time…The measurement unit 64 converts a measured transmission speed into…four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values, and transmits it to the communication device 1”); ¶ [0068], (“an acquisition unit”)
RALEIGH further teaches:
wherein, the acquisition means acquires, in addition to the position data and the communication speed data corresponding to the position data, communication environment data indicating communication environment parameters - See pg. 55, (“POI access network parameters”) including at least one of a model of a terminal device at a position indicated by the position data, a type of communication medium used for data communication between a terminal device and a communication partner device at a communication speed indicated by the communication speed data, a carrier providing a communication line used for the data communication, a provider of connection services to the Internet in the data communication, and a type of communication protocol used in the data communication. - See pg. 55, (“To help a POI content manager, relevant information could include POI access network parameters to user devices…coverage area, statistics of data rates with user devices, current user parameters in coverage area, historical users parameters (for example profile, history) in coverage area vs. time of day…communication network parameters from the POI device to the content provider could also be relevant (for example bandwidth…QoS, QoE, wired vs. wireless vs. mesh backhaul”, Examiner Note: only one option needs to be satisfied to meet this limitation.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA with RALEIGH to include communication environment parameters, as taught by RALEIGH. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by RALEIGH, The user of a specific user device often is interested in access to a specific content over a specific communications network at a specific time/location. Often the size of the content or the speed/cost of the communication network make it impractical to access the content…and results is a dissatisfied user. - See pg. 1
Claim 10. TAMURA teaches The system according to claim 9, - refer to the indicated claim for reference(s).
TAMURA further teaches:
the receiving means receives communication environment data indicating contents of communication environment parameters of a terminal device from which the position data is transmitted, and the identifying means identifies the quality based on the communication possibility data corresponding to contents of communication environment parameters indicated by the communication environment data received by the receiving means. - in ¶ [0065], (“it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time”); ¶ [0067], (“The communication unit 2 is connected to the network N as described above and executes transmission or receipt of data with each on-vehicle device”)
RALEIGH further teaches:
wherein, the storage means stores a plurality of sets of the communication probability data according to contents of communication environment parameters, - See pg. 59, (“value metric information is evaluated over time…a test group may include a set of content, storage elements, user devices…The value metric information generated by the test group is monitored at specific time intervals”) the communication environment parameters - See pg. 55, (“network parameters”) including at least one of a model of a terminal device, a type of communication medium used for data communication between the terminal device and a communication partner device, a carrier providing a communication line used for the data communication, a provider of connection services to the Internet in the data communication, and a type of communication protocol used in the data communication, - See pg. 55, (“To help a POI content manager, relevant information could include POI access network parameters to user devices…coverage area, statistics of data rates with user devices, current user parameters in coverage area, historical users parameters (for example profile, history) in coverage area vs. time of day (for example a coffee shop may have more business customers during the day, but more students at night), historical content consumed…communication network parameters from the POI device to the content provider could also be relevant (for example bandwidth…QoS, QoE, wired vs. wireless vs. mesh backhaul”)
the receiving means receives communication environment data indicating contents of communication environment parameters of a terminal device from which the position data is transmitted, - See pg. 55, (“parameters could be updated periodically, or based on interrupts, or based on event, etc.”); See pg. 59, (“a test group may include one or more of a set of content, storage, devices, target users, etc. The value metric information could be evaluated over time intervals related to target user activities”) and the identifying means identifies the quality based on the communication possibility data corresponding to contents of communication environment parameters indicated by the communication environment data received by the receiving means. – See pg. 59, (“the value metric information generated by each time interval could be evaluated or estimated, and the time the content is exposed to a set of users could be selected. If the value metric information of a content after a time period drops below a threshold, it may be beneficial to delete the content, or exchange it for a different content with value metric above the threshold.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA with RALEIGH to include communication environment parameters, as taught by RALEIGH. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by RALEIGH, The user of a specific user device often is interested in access to a specific content over a specific communications network at a specific time/location. Often the size of the content or the speed/cost of the communication network make it impractical to access the content…and results is a dissatisfied user. - See pg. 1
Claim 15 is rejected under the same rationale as Claim 1 since they recite nearly identical limitations.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of RALEIGH et al. (WO 2013138203 A1, hereinafter, “RALEIGH”), and further in view of AKITA et al. (US 20210258973, hereinafter, “AKITA”).
Claim 3. Combination of TAMURA and RALEIGH teaches The system according to claim 1, - refer to the indicated claim for reference(s).
TAMURA further teaches:
wherein, the acquisition means acquires, in addition to the position data and the communication speed data corresponding to the position data, - in ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…during a period of time…The measurement unit 64 converts a measured transmission speed into…four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values, and transmits it to the communication device 1”); ¶ [0068], (“an acquisition unit”)
RALEIGH further teaches:
the generating means generates the communication possibility data for each of a plurality of time periods that divide a day based on the time data. - See pg. 59, (“The value metric information generated by the test group is monitored at specific time intervals (for example every hour, every day, every week, or any other time interval…the value metric information generated by each time interval could be evaluated or estimated…the value metric information is evaluated over time of day.”)
Combination of TAMURA and RALEIGH does not explicitly teach:
wherein, the acquisition means acquires, in addition to the position data and the communication speed data corresponding to the position data, time data indicating a time when a terminal device at a position indicated by the position data communicated with a communication partner device at a communication speed indicated by the communication speed data, and the generating means generates the communication possibility data for each of a plurality of time periods that divide a day based on the time data.
However, AKITA teaches:
wherein, the acquisition means acquires, in addition to the position data and the communication speed data corresponding to the position data, time data indicating a time when a terminal device at a position indicated by the position data communicated with a communication partner device at a communication speed indicated by the communication speed data, - See Fig. 3, ¶ [0031 - 0032], (“The communicator device 104 further transmits the position information and the time information acquired by the travel plan acquisition unit 101 to the server apparatus 20, and receives the communication quality information transmitted from the server apparatus 20. The “communication quality information” is information indicating “communication quality” corresponding to the position and clock time indicated by the position information and the time information transmitted by the communicator device 104…“communication quality” refers to an index that affects or is affected by communication quality…Examples of the above index include…the communication speed.”) and the generating means generates the communication possibility data for each of a plurality of time periods that divide a day based on the time data. - See Fig. 3, ¶ [0045], (“The controller circuit 203 (i.e., CPU) realizes a quality information generating unit that generates communication quality information indicating communication quality corresponding to the position information and time information received by the communicator device 201. Specifically, the quality information generating unit extracts values such as the degree of congestion corresponding to the position information and the time information…and “generates” them as communication quality information.”); ¶ [0049], (“the communicator device 201 receives the position information and the time information, the quality information generating unit may predict how crowded the base stations in the communication area at the position indicated by the position information will be at the clock time indicated by the time information”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA and RALEIGH with AKITA to include time data indicating a time when a terminal device at a position indicated by the position data communicated with a communication partner device at a communication speed indicated by the communication speed data, as taught by AKITA. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by AKITA, among the user data, traffic information and control information are data required in real time. - ¶ [0030]
Claim 4. Combination of TAMURA, RALEIGH, and AKITA teaches The system according to claim 3, - refer to the indicated claim for reference(s).
TAMURA further teaches:
wherein, the storage means stores calendar data indicating a date, - in ¶ [0045], (“Schedule information is information that indicates a future schedule of a user and is set by a user in a calendar”) a day of a week, - in ¶ [0077], (“it is possible for the learning unit 32 to learn a trend of movement of the on-vehicle device 50 that is dependent on a point of time, a day of week”) and
RALEIGH further teaches:
wherein, the storage means stores calendar data indicating a date, a day of a week, and whether the date is a holiday or not, and the generating means generates the communication possibility data for each day of a week and whether a day is a holiday or not based on the calendar data. - See pg. (“time of day relative to the user (for example early morning, morning, lunch break, afternoon, evening, etc.), date relative to the user (for example weekend, weekday, special holiday, etc.)…The value metric may include information…a user current location…predicting future location based on a calendar/schedule”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA with RALEIGH to include whether the date is a holiday and generates the communication possibility data for each day of a week, as taught by RALEIGH. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by RALEIGH, The user of a specific user device often is interested in access to a specific content over a specific communications network at a specific time/location. - See pg. 1
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of RALEIGH et al. (WO 2013138203 A1, hereinafter, “RALEIGH”), and further in view of JP6025598B2 (hereinafter, “RefJ”).
Claim 7. Combination of TAMURA and RALEIGH teaches The system according to claim 1, - refer to the indicated claim for reference(s).
TAMURA teaches:
wherein, the correspondence data indicates a correspondence between a quality of data to be communicated, a communication speed required to communicate data having the quality in real time, and a communication stability index indicating communication stability required for real-time communication of data having the quality, - See Fig. 3, ¶ [0067], (“a storage unit 4”); ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…converts a measured transmission speed into, for example, four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values…[0065] Thereby, it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time.”); See Fig. 4, ¶ [0097], (“as illustrated in FIG. 4, a communication quality is represented by four levels of “1” to “4”)
the acquisition means continuously acquires position data and communication speed data corresponding to the position data for a same terminal device, – in ¶ [0064], (“The measurement unit 64 measures a transmission speed in a current communication area…during a period of time when a power source of the on-vehicle device 50 is turned on. The measurement unit 64 converts a measured transmission speed into, for example, four-level evaluation values, creates transmission speed information where position information of a current location is caused to correspond to such evaluation values, and transmits it to the communication device 1 through the communication unit 5”) and
the generating means calculates the communication stability index for each area for the same terminal device based on the communication speed data corresponding to the position data indicating a position in each area, and
Combination of TAMURA and RALEIGH does not explicitly teach:
wherein, the correspondence data indicates a correspondence between a quality of data to be communicated, a communication speed required to communicate data having the quality in real time, and a communication stability index indicating communication stability required for real-time communication of data having the quality, the generating means calculates the communication stability index for each area for the same terminal device based on the communication speed data corresponding to the position data indicating a position in each area, and generates the communication possibility data based on the correspondence data and the communication stability index.
However, RefJ teaches:
wherein, the correspondence data indicates a correspondence between a quality of data to be communicated, a communication speed required to communicate data having the quality in real time, and a communication stability index indicating communication stability required for real-time communication of data having the quality, - in ¶ [0034], (“communication services that meet customer requests are evaluated based on three factors: "fee," "communication speed," and "communication stability." That is, with "fee" as the standard, the more "communication speed" and "communication stability" satisfy the customer's requirements, the more the amount converted into money corresponding to that degree is subtracted from the fee for correction.”); ¶ [0067-0069], (“the index value calculation unit 470 calculates a correction value based on the monetary value of the stability (/level·month) and the radio wave condition. FIG. 17 is a diagram showing an example of data of the correction value based on stability calculated by the index value calculation unit 470.”) the generating means calculates the communication stability index for each area for the same terminal device based on the communication speed data corresponding to the position data indicating a position in each area, - See Fig. 13, ¶ [0067], (“the index value calculation unit 470 evaluates the stability by calculating a correction value based on the stability for each communication service.. the index value calculation unit 470 reads out, for each communication service, from the communication service providing area information storage unit 423, the radio wave condition corresponding to the location information of the communication device 100 to be processed.Then, the index value calculation unit 470 calculates a correction value based on the monetary value of the stability (/level·month) and the radio wave condition. FIG. 17 is a diagram showing an example of data of the correction value based on stability calculated by the index value calculation unit 470.”) and generates the communication possibility data based on the correspondence data and the communication stability index. – in ¶ [0051], (“ the communication service determining unit 480 can determine, from among a plurality of communication services, a communication service with which the communication device 100 will communicate, based on the index value calculated by the index value calculating unit 470”); ¶ [0032], (“it is possible to determine whether communication is actually possible at the location indicated by the location information.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA and RALEIGH with RefJ to include a communication stability index and generate the communication possibility data based on the correspondence data and the communication stability index, as taught by RefJ. One of ordinary skill in the art would have been motivated to make this modification to meet customer needs, as suggested by RefJ, when using a communication service based on communication speed and stability, it becomes possible to more flexibly and appropriately determine communication services that meet the customer's needs. - ¶ [0072]
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of RALEIGH et al. (WO 2013138203 A1, hereinafter, “RALEIGH”), and further in view of ТАКАНASHI et al. (US 20230097606, hereinafter, “ТАКАНASHI”).
Claim 8. Combination of TAMURA and RALEIGH teaches The system according to claim 1, - refer to the indicated claim for reference(s).
Combination of TAMURA and RALEIGH does not explicitly teach:
wherein, the generating means has a learning model constructed by machine learning using training data including position data as an explanatory variable and communication speed data as an objective variable, and generates the communication possibility data using communication speed data output by the learning model as an objective variable when position data acquired by the acquisition means is input to the learning model as an explanatory variable.
However, ТАКАНASHI teaches:
wherein, the generating means has a learning model constructed by machine learning - See Fig. 24, ¶ [0119], (“A random forest is used to create a communication quality prediction model.”); ¶ [0126], (“The communication system…models a relationship between data including at least the object state information classified for each communication quality prediction category and the communication quality, through machine learning.”) using training data including position data as an explanatory variable - in ¶ [0112], (“object information (x, y, wx, and wy) thereof is stored in the same column.”); ¶ [0124], (“The communication system…uses an object recognition scheme to acquire the object state information such as a type, position, and size of the object from the surrounding environment information.”) and communication speed data as an objective variable, - See Fig. 24, ¶ [0119], (“The data after speed calculation illustrated in FIG. 24 was used as an input to the random forest, and the random forest was trained to output a throughput after one second for each time.”); ¶ [0120], (“prediction and calculation of R2 are performed…and it is assumed that prediction accuracy is higher when the value is larger”) and generates the communication possibility data using communication speed data output by the learning model as an objective variable - in ¶ [0119], (“The data after speed calculation illustrated in FIG. 24 was used as an input to the random forest, and the random forest was trained to output a throughput after one second for each time.”); ¶ [0126], (“The communication system…models a relationship between data including at least the object state information classified for each communication quality prediction category and the communication quality, through machine learning.”) when position data acquired by the acquisition means is input to the learning model as an explanatory variable. – in ¶ [0123 – 0125], (“The communication system…collects surrounding environment information…uses an object recognition scheme to acquire the object state information such as a type, position, and size of the object…classifies the object state information into categories that are effective for communication quality prediction”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA and RALEIGH with ТАКАНASHI to include a learning model constructed by machine learning using training data, as taught by ТАКАНASHI. One of ordinary skill in the art would have been motivated to make this modification to improve accuracy, as suggested by ТАКАНASHI, prediction accuracy of communication quality can be improved. - ¶ [0128]
Claims 11, 17 are rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of TONARI et al. (JP2015156568A, hereinafter, “TONARI”).
Claim 11. TAMURA teaches: A system comprising: - See Fig. 1, 3
a storage means for storing - See Fig. 3, ¶ [0067], (“a storage unit 4”) communication possibility data - See Fig. 4-5, ¶ [0090], (“The prediction unit 34 predicts, and stores in the communication quality database 41 of the storage unit 4, a communication quality on a running route where a running probability is calculated…running probabilities are calculated for the plurality of on-vehicle devices 50, so that the prediction unit 34 predicts communication qualities for all communication areas.”) indicating what quality of data, - in ¶ [0097], (“a communication quality is represented by four levels of “1” to “4” where a larger number indicates a better communication quality.”) in which area, - See Fig. 4, ¶ [0091], (“an area ID and a transition of a communication quality are caused to correspond thereto and stored in the communication quality database”) can be communicated in real time between a terminal device in a specific area and a communication partner device, - in ¶ [0065], (“it is possible for the communication system 100 to acquire an actual measured value of an actual communication quality in each communication area in real time”); ¶ [0067], (“The communication unit 2 is connected to the network N as described above and executes transmission or receipt of data with each on-vehicle device”)
a receiving means - in ¶ [0053], (“The GPS antenna 84”) for receiving, from a terminal device, position data indicating a position and quality data indicating a quality of data that the terminal device wishes to communicate in real time with a communication partner device, - in ¶ [0053], (“The GPS antenna 84 notifies the on-vehicle device 50 of position information that indicates a current location of a vehicle C.”); ¶ [0056], (“The acquisition unit 61 acquires…position information of the vehicle C from the GPS antenna 84, and appropriately transmit it to the communication device 1”)
TAMURA does not explicitly teach:
a receiving means for receiving, from a terminal device, position data indicating a position and quality data indicating a quality of data that the terminal device wishes to communicate in real time with a communication partner device,
a determining means for determining, based on the communication possibility data, whether or not the terminal device can communicate data of a quality indicated by the quality data with a communication partner device in real time at a position indicated by the position data, and
a transmitting means for transmitting determination result data indicating a result of a determination made by the determining means to a terminal device from which the position data and quality data received by the receiving means are transmitted.
However, TONARI teaches:
a receiving means for receiving, from a terminal device, position data indicating a position and quality data indicating a quality of data that the terminal device wishes to communicate in real time with a communication partner device, - in ¶ [0016], (“The bandwidth reservation service reception control unit 140 receives a bandwidth reservation in response to reservation information transmitted from a communication terminal…operated by a user. The location information managing device communication control unit 150 acquires location information indicating the location of the mobile communication terminal 500”)
a determining means for determining, based on the communication possibility data, - in ¶ [0032], (“The bandwidth reservation device 100…determines whether or not it can comply with the bandwidth reservation request indicated by the reservation information (i.e., provide the bandwidth according to the reservation) based on the traffic information and the control status information (step S109). Meeting a bandwidth reservation request means allowing the use of the bandwidth according to the request.”) whether or not the terminal device can communicate data of a quality indicated by the quality data with a communication partner device in real time at a position indicated by the position data, - in ¶ [0011], (“the judgment step includes an estimation step for estimating the traffic volume at the date, time and location where the bandwidth will be used, and judges whether the bandwidth can be provided based on…the bandwidth requested for use, and the communication capacity at the location where the bandwidth will be used, and if it is judged in the judgment step that the bandwidth can be provided, the bandwidth reservation acceptance step permits use of the bandwidth.”) and
a transmitting means for transmitting determination result data indicating a result of a determination made by the determining means to a terminal device from which the position data and quality data received by the receiving means are transmitted. - in ¶ [0011], (“a judgment step for judging whether the bandwidth can be provided…in accordance with the content of the request made in the bandwidth reservation acceptance step…for permitting use of the bandwidth”); ¶ [0043], (“the bandwidth reservation service reception control unit 140 notifies the mobile communication terminal 500 that the reservation is rejected.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA with TONARI to include data indicating a quality of data that the terminal device wishes to communicate in real time, determining whether or not the terminal device can communicate data, transmitting determination result data, as taught by TONARI. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by TONARI, when a user desires to receive a data communication service, the service may not be available. - ¶ [0004]
Claim 17 is rejected under the same rationale as Claim 11 since they recite nearly identical limitations.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of TONARI et al. (JP2015156568A, hereinafter, “TONARI”), and further in view of RALEIGH et al. (WO 2013138203 A1, hereinafter, “RALEIGH”).
Claim 12. Combination of TAMURA and TONARI teaches The system according to claim 11, - refer to the indicated claim for reference(s).
Combination of TAMURA and TONARI does not explicitly teach:
wherein, the storage means stores a plurality of sets of the communication probability data according to contents of communication environment parameters, the communication environment parameters including at least one of a model of a terminal device, a type of communication medium used for data communication between the terminal device and a communication partner device, a carrier providing a communication line used for the data communication, a provider of connection services to the Internet in the data communication, and a type of communication protocol used in the data communication, the receiving means receives communication environment data indicating contents of communication environment parameters of a terminal device from which the position data is transmitted, and the determining means makes the determination based on the communication possibility data corresponding to contents of communication environment parameters indicated by the communication environment data received by the receiving means.
However, RALEIGH teaches:
wherein, the storage means stores a plurality of sets of the communication probability data according to contents of communication environment parameters, - See pg. 59, (“value metric information is evaluated over time…a test group may include a set of content, storage elements, user devices…The value metric information generated by the test group is monitored at specific time intervals”) the communication environment parameters - See pg. 55, (“POI access network parameters”) including at least one of a model of a terminal device, a type of communication medium used for data communication between the terminal device and a communication partner device, a carrier providing a communication line used for the data communication, a provider of connection services to the Internet in the data communication, and a type of communication protocol used in the data communication, - See pg. 55, (“To help a POI content manager, relevant information could include POI access network parameters to user devices…coverage area, statistics of data rates with user devices, current user parameters in coverage area, historical users parameters (for example profile, history) in coverage area vs. time of day (for example a coffee shop may have more business customers during the day, but more students at night), historical content consumed…communication network parameters from the POI device to the content provider could also be relevant (for example bandwidth…QoS, QoE, wired vs. wireless vs. mesh backhaul”)
the receiving means receives communication environment data indicating contents of communication environment parameters of a terminal device from which the position data is transmitted, - See pg. 55, (“parameters could be updated periodically, or based on interrupts, or based on event, etc.”); See pg. 59, (“a test group may include one or more of a set of content, storage, devices, target users, etc. The value metric information could be evaluated over time intervals related to target user activities”) and the determining means makes the determination based on the communication possibility data corresponding to contents of communication environment parameters indicated by the communication environment data received by the receiving means. – See pg. 59, (“the value metric information generated by each time interval could be evaluated or estimated, and the time the content is exposed to a set of users could be selected. If the value metric information of a content after a time period drops below a threshold, it may be beneficial to delete the content, or exchange it for a different content with value metric above the threshold.”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA and TONARI with RALEIGH to include communication environment parameters, as taught by RALEIGH. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by RALEIGH, The user of a specific user device often is interested in access to a specific content over a specific communications network at a specific time/location. Often the size of the content or the speed/cost of the communication network make it impractical to access the content…and results is a dissatisfied user. - See pg. 1
Claims 13-14, 18 are rejected under 35 U.S.C. 103 as being unpatentable over TAMURA et al. (US 20190285427, hereinafter, “TAMURA”) in view of RALEIGH et al. (WO 2013138203 A1, hereinafter, “RALEIGH”), and further in view of TONARI et al. (JP2015156568A, hereinafter, “TONARI”).
Claim 13. Combination of TAMURA and RALEIGH teaches A terminal device communicating with the system according to claim 1, - refer to the indicated claim for reference(s).
TAMURA does not explicitly teach:
comprising: a communication means for receiving insufficient area data indicating areas with insufficient communication speed data being obtained by the system, a storage means for storing the insufficient area data, a position measuring means for measuring a position of the terminal device, and a determining means for determining whether or not a position of the terminal device measured by the position measuring means is included in an area indicated by the insufficient area data, wherein, when the determining means determines that the position of the terminal device is included in an area indicated by the insufficient area data, the communication means transmits position data indicating the position of the terminal device measured by the position measuring means to the system, and makes data communication with the system to measure a communication speed of the system.
However, TONARI teaches:
comprising: a communication means for receiving insufficient area data indicating areas with insufficient communication speed data being obtained by the system, - in ¶ [0035], (“if the communication volume that can be provided to the user is less than the communication volume indicated by the reservation information, the system control unit 180…if the difference between the communication volume that can be provided to the user and the communication volume indicated by the reservation information is insufficient…when it is expected that if communication volume is provided in accordance with user requests, the communication capacity of eNB 400 will become congested and the throughput of mobile communication terminals located within the eNB 400 will decrease”); ¶ [0026], (“The reservation information includes, for example, information indicating the start date and time of use of the communication band, the end date and time of use, the location of use”)
a storage means for storing the insufficient area data, - in ¶ [0035], (“if the communication volume that can be provided to the user is less than the communication volume indicated by the reservation information, the system control unit 180 considers whether the request for bandwidth reservation can be met”); ¶ [0032], (“storage unit 130”); ¶ [0026], (“The reservation information includes, for example, information indicating the start date and time of use of the communication band, the end date and time of use, the location of use”)
a position measuring means for measuring a position of the terminal device, - in ¶ [0016], (“The location information managing device communication control unit 150 acquires location information indicating the location of the mobile communication terminal 500”) and
a determining means for determining whether or not a position of the terminal device measured by the position measuring means is included in an area indicated by the insufficient area data, - in ¶ [0033], (“the system control unit 180 of the bandwidth reservation device 100 identifies in which cell (sector) of the eNB 400 the mobile communication terminal 500 will be used, based on the control state information and the location of use indicated by the reservation information.”); ¶ [0035], (“when it is expected that if communication volume is provided in accordance with user requests, the communication capacity of eNB 400 will become congested and the throughput of mobile communication terminals located within the eNB 400 will decrease, the system considers whether it can comply with the bandwidth reservation request.”)
wherein, when the determining means determines that the position of the terminal device is included in an area indicated by the insufficient area data, the communication means transmits position data indicating the position of the terminal device measured by the position measuring means to the system, - in ¶ [0045], (“the location information managing device 300 is requested to transmit location information indicating the current location of the mobile communication terminal 500 (step S201)…In response to the request made…the location information managing device 300 transmits the location information of the mobile communication terminal 500 to the bandwidth reserving device 100 (step S202).”) and makes data communication with the system to measure a communication speed of the system. – in ¶ [0034 – 0035], (“The system control unit 180 then determines that the difference between the data communication capacity and the traffic volume indicated by the traffic information (i.e., the estimated traffic volume on the date and time when the reservation was requested) is the communication volume that can be provided to the user…even when it is predicted that data communication services cannot be provided with the throughput required by the user, the system control unit 180 considers whether the bandwidth reservation request can be met”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA and RALEIGH with TONARI to include receiving insufficient area data, storing the insufficient area data, measuring a position of the terminal device, and determining whether or not a position of the terminal device is included in an area indicated, as taught by TONARI. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by TONARI, when a user desires to receive a data communication service, the service may not be available. - ¶ [0004]
Claim 14. Combination of TAMURA, RALEIGH, and TONARI teaches The terminal device according to claim 13, - refer to the indicated claim for reference(s).
TONARI further teaches:
further comprising: a notifying means for notifying, when the determining means determines that the position of the terminal device is included in an area indicated by the insufficient area data, - in ¶ [0033], (“the system control unit 180 of the bandwidth reservation device 100 identifies in which cell (sector) of the eNB 400 the mobile communication terminal 500 will be used, based on the control state information and the location of use indicated by the reservation information.”); ¶ [0035], (“if the communication volume that can be provided to the user is less than the communication volume indicated by the reservation information, the system control unit 180…if the difference between the communication volume that can be provided to the user and the communication volume indicated by the reservation information is insufficient…when it is expected that if communication volume is provided in accordance with user requests, the communication capacity of eNB 400 will become congested and the throughput of mobile communication terminals located within the eNB 400 will decrease”) a grant of benefit. - in ¶ [0011], (“if it is judged in the judgment step that the bandwidth can be provided, the bandwidth reservation acceptance step permits use of the bandwidth.”, the permission to use reserve bandwidth is a grant of benefit)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified TAMURA and RALEIGH with TONARI to include notifying, when the determining means determines that the position of the terminal device is included in an area indicated by the insufficient area data, a grant of benefit, as taught by TONARI. One of ordinary skill in the art would have been motivated to make this modification to improve user experience, as suggested by TONARI, when a user desires to receive a data communication service, the service may not be available. - ¶ [0004]
Claim 18 is rejected under the same rationale as Claim 13 since they recite nearly identical limitations.
Conclusion
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/SHIMA WASEL/Patent Examiner, Art Unit 2475
/KHALED M KASSIM/supervisory patent examiner, Art Unit 2475