Prosecution Insights
Last updated: April 19, 2026
Application No. 18/277,888

COMMUNICATION SYSTEM, COMMUNICATION CONTROL APPARATUS, COMMUNICATION CONTROL METHOD, AND COMPUTER-READABLE MEDIUM

Non-Final OA §103
Filed
Aug 18, 2023
Examiner
CARDIMINO, CHRISTOPHER RYAN
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
NEC Corporation
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
3y 8m
To Grant
82%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
53 granted / 91 resolved
+6.2% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
28 currently pending
Career history
119
Total Applications
across all art units

Statute-Specific Performance

§101
21.0%
-19.0% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 91 resolved cases

Office Action

§103
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 . DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statements (IDS’s) submitted on 8/18/2023 & 9/30/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1 - 3, 6 - 9, 11 - 12, & 14 - 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kotegawa (WO 2009118906 A1) in view of Tsuda (JP 2005269593 A). Regarding Claim 1: Kotegawa discloses: A communication control apparatus comprising: (Kotegawa discloses in at least Paragraphs 0005 – 0008 & 0014 – 0015, a base station apparatus configured to communicate with an in-vehicle apparatus based on a determined permission state for the vehicle to enter an intersection [i.e. a communication control apparatus]) a memory storing instructions; and a processor configured to execute the instructions to: (Kotegawa discloses in at least Paragraph 0125 wherein the processing functions of the wireless base station apparatus may be performed by a microcomputer or other CPU [i.e. a processor configured to execute the instructions], and further discloses in at least Paragraph 0045 wherein storage may be embodied as physical [i.e. non-transitory] storage media such as random access memory or a magnetic disk device [i.e. a memory storing instructions]) control a transmission output of a wireless signal being output from a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at the intersection, (Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted below, are arranged at an intersection and used to transmit data to vehicle-mounted devices, including road safety information of a road the vehicle may be entering, road safety information including, as disclosed in at least Paragraph 0029, traffic congestion information of the upcoming road [i.e. a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at the intersection]. At least Paragraphs 0049 – 0050 & 0071 – 0073 of Kotegawa further disclose wherein the radio signal including the road safety information may be transmitted or not transmitted by the base station to the vehicle based on communication being established with a vehicle in the environment, and the signal state of the relevant road [i.e. control a transmission output of a wireless signal being output from a wireless communication apparatus]) PNG media_image1.png 584 582 media_image1.png Greyscale based on a lighting state of a traffic light installed at the intersection and a result of the first determination. (Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0080 – 0087 wherein a radio base station is configured to analyze the signal state of the traffic signal to determine if a vehicle with which communication is established as disclosed in at least Paragraph 0049 – 0050 has entry permission to the intersection. If the traffic light signal status is “blue” or “yellow,” the vehicle has entry permission, and transmission from the radio transmission unit takes place, while conversely if the signal is “red,” indicating entry is not permitted, the signal is not transmitted [i.e. wireless communication takes place based on a lighting state of a traffic light installed at the intersection]. Kotegawa further discloses in Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda, below [i.e. wireless communication takes place based on a result of the first determination]) Kotegawa however appears to be silent regarding: perform a first determination whether a moving body exists on a roadway leading to an intersection; and However Tsuda teaches wherein a roadside wireless radio communication system may be activated to communicate with a vehicle based on a detection result indicating the presence of the vehicle within a specific zone. perform a first determination whether a moving body exists on a roadway leading to an intersection; and (However Tsuda teaches in at least Paragraphs 0013 & 0044 wherein a vehicle detector may be provided that detects the passage of a vehicle within a communication area, and causes a communication radio device to be activated based on a vehicle passing through the monitored detection area. At least Paragraphs 0063 & 0072 of Tsuda further teach wherein the vehicle may be equipped with a vehicle mounted device, and upon the detection of the vehicle, the communication antenna device is configured to transmit a transmission radio wave, which is received by the vehicle mounted device, establishing a communication link between the two [i.e. perform a first determination whether a moving body exists on a roadway, and establish a communication link between the vehicle and roadside unit based on such]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the transmission of radio waves from a communication antenna to establish communication with a vehicle when the presence of the vehicle is detected in a specified zone as taught by Tsuda. The motivation to do so is that, as acknowledged by Tsuda in at least Paragraph 0110, communication can be configured to only be performed when the vehicle passes through a communication area, whose size may also be reduced by the performance of vehicle presence detection operations, improving the transmission system between roadside infrastructure and vehicle by reducing transmission power loss. Regarding Claim 2: The communication control apparatus according to claim 1, wherein the processor is configured to execute the instructions to lower a transmission output of a wireless signal being output to the roadway in a case where the lighting state indicates that it is impossible to advance, or in a case where the result of the first determination indicates that no moving body exists on the roadway, as compared with a case where the lighting state indicates that it is possible to advance, and the result of the first determination indicates that a moving body exists on the roadway. Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0080 – 0087 wherein a radio base station is configured to analyze the signal state of the traffic signal to determine if a vehicle with which communication is established as disclosed in at least Paragraph 0049 – 0050 has entry permission to the intersection. If the traffic light signal status is “blue” or “yellow,” the vehicle has entry permission, and transmission from the radio transmission unit takes place, while conversely if the signal is “red,” indicating entry is not permitted, the signal is not transmitted [i.e. lower a transmission output of a wireless signal being output to the roadway in a case where the lighting state indicates that it is impossible to advance, the output being lowered as compared with a case where the lighting state indicates that it is possible to advance, and the result of the first determination indicates that a moving body exists on the roadway]. Kotegawa further discloses in Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda [i.e. lower a transmission output of a wireless signal being output to the roadway in a case where the result of the first determination indicates that no moving body exists on the roadway]. Regarding Claim 3: The communication control apparatus according to claim 1, wherein the processor is configured to execute the instructions to change an output direction of the wireless signal between a case where the result of the first determination indicates that a moving body exists on the roadway and a case where the result of the first determination indicates that no moving body exists on the roadway. Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted above, are arranged at an intersection and used to transmit data to vehicle-mounted devices, with each base station apparatus being directed to a specific lane of travel [i.e. the transmission takes place in different directions for each unit]. At least Paragraphs 0071 – 0073 & 0081 – 0087 of Kotegawa further disclose wherein the wireless transmission units are controlled in dependence on the signal information, such that when the signal information is “red” [travel prohibited] no signal is transmitted, while if the signal information is “blue” or “yellow,” the wireless signal is transmitted in the determined transmission direction [i.e. control transmission outputs of wireless signals of the first wireless communication apparatus and the second wireless communication apparatus according to whether the lighting state indicates that it is impossible to advance in the first direction and whether the lighting state indicates that it is impossible to advance in the second direction]. Kotegawa further discloses in Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with a vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda, whereas if communication is established, communication takes place as set forth above. Thus, as transmissions may be directional based on which wireless transmission unit is activated, and different wireless transmission units may be activated or deactivated based on determined communications, which are determined in turn based on vehicle presence with respect to teaching reference Tsuda, the output direction of the wireless signal is changed based on the result of moving bodies being detected in the roadway as recited by the present claimed invention. Regarding Claim 6: The communication control apparatus according to claim 1, wherein the wireless communication apparatus includes a first wireless communication apparatus configured to be capable of communication with a moving body traveling in a first direction at the intersection, and a second wireless communication apparatus configured to be capable of communication with a moving body traveling in a second direction crossing the first direction at the intersection, and the processor is configured to execute the instructions to control transmission outputs of wireless signals of the first wireless communication apparatus and the second wireless communication apparatus according to whether the lighting state indicates that it is impossible to advance in the first direction and whether the lighting state indicates that it is impossible to advance in the second direction. Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted below [reproduced from above for clarity], are arranged at an intersection and used to transmit data to vehicle-mounted devices, with each base station apparatus being directed to a specific lane of travel [i.e. wherein the wireless communication apparatus includes a first wireless communication apparatus configured to be capable of communication with a moving body traveling in a first direction at the intersection, and a second wireless communication apparatus configured to be capable of communication with a moving body traveling in a second direction crossing the first direction at the intersection]. At least Paragraphs 0071 – 0073 & 0081 – 0087 of Kotegawa further disclose wherein the wireless transmission units are controlled in dependence on the signal information, such that when the signal information is “red” [travel prohibited] not signal is transmitted, while if the signal information is “blue” or “yellow,” the wireless signal is transmitted in the determined transmission direction [i.e. control transmission outputs of wireless signals of the first wireless communication apparatus and the second wireless communication apparatus according to whether the lighting state indicates that it is impossible to advance in the first direction and whether the lighting state indicates that it is impossible to advance in the second direction]. PNG media_image1.png 584 582 media_image1.png Greyscale Regarding Claim 7: The communication control apparatus according to claim 6, wherein the processor is configured to execute the instructions to cause a transmission output of a wireless signal of the first wireless communication apparatus to be lower than a transmission output of a wireless signal of the second wireless communication apparatus when the lighting state indicates that it is impossible to advance in the first direction and that it is possible to advance in the second direction, and the result of the first determination indicates that a moving body exists on a roadway in the second direction. Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0080 – 0087 wherein a radio base station is configured to analyze the signal state of the traffic signal to determine if a vehicle with which communication is established as disclosed in at least Paragraph 0049 – 0050 has entry permission to the intersection. If the traffic light signal status is “blue” or “yellow,” the vehicle has entry permission, and transmission from the radio transmission unit takes place, while conversely if the signal is “red,” indicating entry is not permitted, the signal is not transmitted [i.e. cause a transmission output of a wireless signal of the first wireless communication apparatus to be lower than a transmission output of a wireless signal of the second wireless communication apparatus when the lighting state indicates that it is impossible to advance in the first direction and that it is possible to advance in the second direction]. Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted above, are arranged at an intersection and used to transmit data to vehicle-mounted devices, with each base station apparatus being directed to a specific lane of travel [i.e. cause a transmission output of a wireless signal of the first wireless communication apparatus to be lower than a transmission output of a wireless signal of the second wireless communication apparatus based on the relevant lane of travel]. Regarding Claim 8: The communication control apparatus according to claim 6, wherein the processor is further configured to execute the instructions to control a direction in which the first wireless communication apparatus outputs a wireless signal, to be the first direction when the lighting state indicates that it is possible to advance in the first direction, and control a direction in which the second wireless communication apparatus outputs a wireless signal, to be the second direction when the lighting state indicates that it is possible to advance in the second direction. Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted above, are arranged at an intersection and used to transmit data to vehicle-mounted devices, with each base station apparatus being directed to a specific lane of travel [i.e. first and second wireless communication apparatuses as set forth above]. At least Paragraphs 0071 – 0073 & 0081 – 0087 of Kotegawa further disclose wherein the wireless transmission units are controlled in dependence on the signal information, such that when the signal information is “red” [travel prohibited] not signal is transmitted, while if the signal information is “blue” or “yellow,” the wireless signal is transmitted in the determined transmission direction [i.e. control a direction in which the first wireless communication apparatus outputs a wireless signal, to be the first direction when the lighting state indicates that it is possible to advance in the first direction, and control a direction in which the second wireless communication apparatus outputs a wireless signal, to be the second direction when the lighting state indicates that it is possible to advance in the second direction]. Regarding Claim 9: The communication control apparatus according to claim 1, wherein the processor is configured to execute the instructions to change a transmission output of the wireless signal by changing at least one of an amplitude and a bandwidth of the wireless signal. Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0081 – 0087 wherein based on the signal information being set to “red” the wireless transmission does not take place, which effectively sets an amplitude of the signal to a value of zero in comparison to when the signal is “blue” or “yellow” where transmission takes place [i.e. a transmission output of the wireless signal is changed by changing an amplitude of the wireless signal]. Regarding Claim 11: A communication system comprising: a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at an intersection; and the communication control apparatus according to claim 1. Kotegawa discloses in at least Paragraphs 0005, 0006, & 0010 wherein a plurality of radio base station apparatuses are provided to transmit radio signals to vehicles entering an intersection according to the information transmission and reception methods, as disclosed in at least Paragraph 0016 [i.e. a communication system comprising a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at an intersection]. Regarding Claim 12: The communication system according to claim 11, wherein the processor is configured to execute the instructions to lower a transmission output of a wireless signal being output to the roadway in a case where the lighting state indicates that it is impossible to advance, or in a case where the result of the first determination indicates that no moving body exists on the roadway, as compared with a case where the lighting state indicates that it is possible to advance, and the result of the first determination indicates that a moving body exists on the roadway. Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0080 – 0087 wherein a radio base station is configured to analyze the signal state of the traffic signal to determine if a vehicle with which communication is established as disclosed in at least Paragraph 0049 – 0050 has entry permission to the intersection. If the traffic light signal status is “blue” or “yellow,” the vehicle has entry permission, and transmission from the radio transmission unit takes place, while conversely if the signal is “red,” indicating entry is not permitted, the signal is not transmitted [i.e. lower a transmission output of a wireless signal being output to the roadway in a case where the lighting state indicates that it is impossible to advance, the output being lowered as compared with a case where the lighting state indicates that it is possible to advance, and the result of the first determination indicates that a moving body exists on the roadway]. Kotegawa further discloses in Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda [i.e. lower a transmission output of a wireless signal being output to the roadway in a case where the result of the first determination indicates that no moving body exists on the roadway]. Regarding Claim 14: Kotegawa discloses: A communication control method comprising: (Kotegawa discloses in at least Paragraphs 0013 & 0020 an information transmission and receiving method for communicating information at an intersection [i.e. a communication control method]) acquiring a lighting state of a traffic light installed at an intersection; (Kotegawa discloses in at least Paragraphs 0028, 0031, & 0032 wherein the radio base station may include signal information receiving and analysis sections, configured to receive signal states of traffic lights with respect to an intersection, and determine the status of each, specifically determining if the traffic signal is “blue” [note: corresponding to “green” in the United States] or “yellow,” indicating entry permission, or “red” indicating entry prohibition as disclosed in at least Paragraph 0051 [i.e. a lighting state of a traffic light installed at an intersection is acquired]) controlling a transmission output of a wireless signal being output from a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at the intersection, (Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted above, are arranged at an intersection and used to transmit data to vehicle-mounted devices, including road safety information of a road the vehicle may be entering, road safety information including, as disclosed in at least Paragraph 0029, traffic congestion information of the upcoming road [i.e. a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at the intersection]. At least Paragraphs 0049 – 0050 & 0071 – 0073 of Kotegawa further disclose wherein the radio signal including the road safety information may be transmitted or not transmitted by the base station to the vehicle based on communication being established with a vehicle in the environment, and the signal state of the relevant road [i.e. control a transmission output of a wireless signal being output from a wireless communication apparatus]) based on a lighting state of the traffic light and a result of determining whether a moving body exists on a roadway leading to the intersection. (Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0080 – 0087 wherein a radio base station is configured to analyze the signal state of the traffic signal to determine if a vehicle with which communication is established as disclosed in at least Paragraph 0049 – 0050 has entry permission to the intersection. If the traffic light signal status is “blue” or “yellow,” the vehicle has entry permission, and transmission from the radio transmission unit takes place, while conversely if the signal is “red,” indicating entry is not permitted, the signal is not transmitted [i.e. wireless communication takes place based on a lighting state of a traffic light installed at the intersection]. Kotegawa further discloses in Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda, below [i.e. wireless communication takes place based on a result of the first determination]) Kotegawa however appears to be silent regarding: determining whether a moving body exists in a roadway leading to the intersection; and However Tsuda teaches wherein a roadside wireless radio communication system may be activated to communicate with a vehicle based on a detection result indicating the presence of the vehicle within a specific zone. determining whether a moving body exists in a roadway leading to the intersection; and (However Tsuda teaches in at least Paragraphs 0013 & 0044 wherein a vehicle detector may be provided that detects the passage of a vehicle within a communication area, and causes a communication radio device to be activated based on a vehicle passing through the monitored detection area. At least Paragraphs 0063 & 0072 of Tsuda further teach wherein the vehicle may be equipped with a vehicle mounted device, and upon the detection of the vehicle, the communication antenna device is configured to transmit a transmission radio wave, which is received by the vehicle mounted device, establishing a communication link between the two [i.e. perform a first determination whether a moving body exists on a roadway, and establish a communication link between the vehicle and roadside unit based on such]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the transmission of radio waves from a communication antenna to establish communication with a vehicle only when the presence of the vehicle is detected in a specified zone as taught by Tsuda. The motivation to do so is that, as acknowledged by Tsuda in at least Paragraph 0110, communication can be configured to only be performed when the vehicle passes through a communication area, whose size may also be reduced by the performance of vehicle presence detection operations, improving the transmission system by reducing transmission power loss. Regarding Claim 15: Kotegawa discloses: A non-transitory computer-readable medium storing a program for causing a processor to perform processing of: (Kotegawa discloses in at least Paragraphs 0005 – 0008 & 0014 – 0015, a base station apparatus configured to communicate with an in-vehicle apparatus based on a determined permission state for the vehicle to enter an intersection [i.e. a communication control apparatus]. The system may include, as disclosed in at least Paragraph 0125, wherein the processing functions of the wireless base station apparatus may be performed by a microcomputer or other CPU [i.e. a processor to perform processing], and further discloses in at least Paragraph 0045 wherein storage may be embodied as physical [i.e. non-transitory] storage media such as random access memory or a magnetic disk device [i.e. A non-transitory computer-readable medium]) acquiring a lighting state of a traffic light installed at an intersection; (Kotegawa discloses in at least Paragraphs 0028, 0031, & 0032 wherein the radio base station may include signal information receiving and analysis sections, configured to receive signal states of traffic lights with respect to an intersection, and determine the status of each, specifically determining if the traffic signal is “blue” [note: corresponding to “green” in the United States] or “yellow,” indicating entry permission, or “red” indicating entry prohibition as disclosed in at least Paragraph 0051 [i.e. a lighting state of a traffic light installed at an intersection is acquired]) controlling a transmission output of a wireless signal being output from a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at the intersection, (Kotegawa discloses in at least Paragraphs 0035 & 0071 – 0073 wherein each of a plurality of base station apparatuses [A’, B’, C’, D’], as depicted above, are arranged at an intersection and used to transmit data to vehicle-mounted devices, including road safety information of a road the vehicle may be entering, road safety information including, as disclosed in at least Paragraph 0029, traffic congestion information of the upcoming road [i.e. a wireless communication apparatus configured to be capable of wireless communication with a moving body traveling at the intersection]. At least Paragraphs 0049 – 0050 & 0071 – 0073 of Kotegawa further disclose wherein the radio signal including the road safety information may be transmitted or not transmitted by the base station to the vehicle based on communication being established with a vehicle in the environment, and the signal state of the relevant road [i.e. controlling a transmission output of a wireless signal being output from a wireless communication apparatus]) based on a lighting state of the traffic light and a result of determining whether a moving body exists on a roadway leading to the intersection. (Kotegawa discloses in at least Paragraphs 0071 – 0073 & 0080 – 0087 wherein a radio base station is configured to analyze the signal state of the traffic signal to determine if a vehicle with which communication is established as disclosed in at least Paragraph 0049 – 0050 has entry permission to the intersection. If the traffic light signal status is “blue” or “yellow,” the vehicle has entry permission, and transmission from the radio transmission unit takes place, while conversely if the signal is “red,” indicating entry is not permitted, the signal is not transmitted [i.e. wireless communication takes place based on a lighting state of a traffic light installed at the intersection]. Kotegawa further discloses in Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda, below [i.e. wireless communication takes place based on a result of the first determination]) Kotegawa however appears to be silent regarding: determining whether a moving body exists on a roadway leading to the intersection; and However Tsuda teaches wherein a roadside wireless radio communication system may be activated to communicate with a vehicle based on a detection result indicating the presence of the vehicle within a specific zone. determining whether a moving body exists on a roadway leading to the intersection; and (However Tsuda teaches in at least Paragraphs 0013 & 0044 wherein a vehicle detector may be provided that detects the passage of a vehicle within a communication area, and causes a communication radio device to be activated based on a vehicle passing through the monitored detection area. At least Paragraphs 0063 & 0072 of Tsuda further teach wherein the vehicle may be equipped with a vehicle mounted device, and upon the detection of the vehicle, the communication antenna device is configured to transmit a transmission radio wave, which is received by the vehicle mounted device, establishing a communication link between the two [i.e. perform a first determination whether a moving body exists on a roadway, and establish a communication link between the vehicle and roadside unit based on such]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the transmission of radio waves from a communication antenna to establish communication with a vehicle only when the presence of the vehicle is detected in a specified zone as taught by Tsuda. The motivation to do so is that, as acknowledged by Tsuda in at least Paragraph 0110, communication can be configured to only be performed when the vehicle passes through a communication area, whose size may also be reduced by the performance of vehicle presence detection operations, improving the transmission system by reducing transmission power loss. Claim(s) 4 & 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kotegawa (WO 2009118906 A1) in view of Tsuda (JP 2005269593 A) as applied to claim 1 above, and further in view of Kim (US 2017/0018187 A1) and Nishimura (US 2022/0254252 A1). Regarding Claim 4: The communication control apparatus according to claim 1, wherein the processor is configured to execute the instructions to output a wireless signal to an area of a roadway on a road leading to the intersection when the result of the first determination indicates that a moving body exists on the roadway, and outputs a wireless signal to an area through which a pedestrian passes on a road leading to the intersection when the result of the first determination indicates that no moving body exists on the roadway. Kotegawa discloses in at least Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda, the transmission taking place when the vehicle is present as disclosed in at least Paragraphs 0071 – 0073 & 0080 – 0087 as set forth in further detail above [i.e. output a wireless signal to an area of a roadway on a road leading to the intersection when the result of the first determination indicates that a moving body exists on the roadway]. Kotegawa however appears to be silent regarding wherein the system outputs a wireless signal to an area through which a pedestrian passes on a road leading to the intersection when the result of the first determination indicates that no moving body exists on the roadway as recited by the present claimed invention. However Kim teaches in at least Paragraphs 0198 & 0199 wherein an RSU may transmit a signal based on a beamforming scheme to a crosswalk zone based on a pedestrian light being on, the signal transmitted being received by a pedestrian device, which then transmits a message indicting the presence of a pedestrian terminal as taught in at least Paragraph 0201. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the transmission of a signal to a pedestrian zone as taught by Kim. The motivation to do so is that, as acknowledged by Kim in at least Paragraphs 0198 – 0202, pedestrian terminals may be made to trigger a message indicating the presence of a pedestrian, improving the recognition of pedestrians in the environment and thus the safety of pedestrians moving in the crosswalk. Kim however also appears to be silent regarding transmitting the signal to the pedestrian zone when the result of the first determination indicates that no moving body exists on the roadway. However Nishimura teaches in at least Paragraphs 0060 & 0061 wherein a predetermined safety standard is satisfied when the surrounding state of the road from a pedestrian indicates that there are no vehicles in the vicinity [i.e. no moving body exists on the roadway]. In response to the safety standard being satisfied, light emitting units are controlled to display a safety zone corresponding to a crosswalk as taught in at least Paragraphs 0110 – 0117 & 0130 of Nishimura. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the display of a safety zone for a crosswalk based on no vehicles being detected in a vicinity as taught by Nishimura. The motivation to do so is that, as acknowledged by Nishimura in at least Paragraphs 0060 & 0061, by determining a safety standard of no vehicles being in the operating vicinity as a predetermined condition to display the safety zone of a crosswalk, pedestrian safety from interference by surrounding vehicles that may be moving on the roadway may be improved. Examiner asserts that the combination of Kim and Nishimura renders obvious the present claimed invention as recited by Claim 4. Kim recites wherein a RSU may transmit a signal to a crosswalk zone based on a pedestrian light being on, the signal transmitted being received by a pedestrian device, which then transmits a message indicting the presence of a pedestrian terminal, but appears to be silent doing so only when no moving body is determined to exist on the roadway, a deficiency which is remedied by Nishimura. Nishimura recites a system in which a predetermined safety standard is defined, the safety standard being specifically satisfied when the surrounding state of the road from a pedestrian indicates that there are no vehicles in the vicinity, and upon the satisfaction of the safety standard, activating lighting units displaying a safety zone for a crosswalk. Thus, Nishimura provides an activation criteria under which a safety zone is to be initiated at a crosswalk, with Kim providing a teaching wherein a crosswalk area is the subject of a beamformed signal transmitted from an RSU, similarly to the signals provided to road lanes disclosed in Kotegawa. Thus, as the crosswalk safety zone of Nishimura is activated on the condition of no vehicles being present in the environment, and a crosswalk safety zone of is established by signaling from an RSU when a pedestrian light is activated for a crosswalk as taught by Kim, the limitation “outputs a wireless signal to an area through which a pedestrian passes on a road leading to the intersection when the result of the first determination indicates that no moving body exists on the roadway” appears to be anticipated or otherwise rendered obvious by the combination of references. Regarding Claim 5: The communication control apparatus according to claim 4, wherein the processor is further configured to execute the instructions to perform a second determination whether a pedestrian exists in the area through which the pedestrian passes, and stop a transmission output of the wireless signal when the result of the first determination indicates that no moving body exists on the roadway and the result of the second determination indicates that no pedestrian exists in the area through which the pedestrian passes. Kotegawa discloses in at least Paragraphs 0049 – 0050 & 0080 – 0087 wherein if communication is not established with the vehicle, the transmission of information is impossible and no transmission takes place, the establishment of communication with the vehicle requiring the presence of a vehicle, and being specifically established based on such presence as further discussed with respect to teaching reference Tsuda [i.e. stop a transmission output of the wireless signal when the result of the first determination indicates that no moving body exists on the roadway]. Kotegawa does not appear to specifically disclose wherein a second determination is made regarding if a pedestrian is present in an area in which the pedestrian passes, and controlling the transmission output based on such. However Nishimura teaches in at least Paragraphs 0051 & 0052 wherein a pedestrian may be detected through one of a plurality of techniques, including the capture and analysis of an image, which yields information regarding if the pedestrian is approaching a road with intent to cross it [i.e. a second determination whether a pedestrian exists in the area through which the pedestrian passes]. At least Paragraphs 0061 & 0087 of Nishimura further teach wherein based on the detection of a pedestrian, light emitting units are controlled to display a safety zone corresponding to a crosswalk as taught in at least Paragraphs 0110 – 0117 & 0130 of Nishimura, this action not being carried out if no pedestrian is detected, as no pedestrian would be present to initiate the sequence [i.e. stop a transmission output of the wireless signal when the result of the second determination indicates that no pedestrian exists in the area through which the pedestrian passes, when read in view of Kim in the arrangement set forth above with respect to Claim 4]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the determination of a pedestrian presence, and the output of signal based on such as taught by Nishimura. The motivation to do so is that, as acknowledged by Nishimura in at least Paragraph 0051, a transmission may only be controlled to take place when there is the possible intent of a pedestrian to move through the relevant section of the roadway, improving the activation control of the transmission system. Claim(s) 10 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kotegawa (WO 2009118906 A1) in view of Tsuda (JP 2005269593 A) as applied to claims 1 & 11 above, and further in view of Ciolli (US 2010/0128127 A1). Regarding Claim 10: The communication control apparatus according to claim 1, wherein the processor is configured to execute the instructions to perform the first determination by using a video being output from a photographing apparatus that photographs the roadway. Kotegawa does not appear to specifically disclose wherein the first determination is made based on a video being output from a photographing apparatus that photographs the roadway. However Ciolli teaches in at least Paragraphs 0040 & 0041 wherein a region under surveillance may be surveilled through the use of a camera system, including video cameras, the images captured being used to determine whether a vehicle is present in an intersection as taught in at least Paragraphs 0046 & 0202 of Ciolli [i.e. the first determination is performed by using a video being output from a photographing apparatus that photographs the roadway]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the determination of vehicle presence based on video data as taught by Ciolli. The motivation to do so is that, as acknowledged by Ciolli in at least Paragraphs 0040 & 0046, the presence of vehicles may be identified in an environment in a non-intrusive manner, while enabling the use of computer imaging software to identify specific vehicle movements, improving the detection and tracking of vehicles in the environment. Regarding Claim 13: The communication system according to claim 11, further comprising a photographing apparatus configured to photograph the roadway, wherein the processor is configured to execute the instructions to perform the first determination by using a video being output from the photographing apparatus. Kotegawa does not appear to specifically disclose wherein the system comprises a photographing apparatus configured to photograph the roadway, to perform the first determination by using a video being output from the photographing apparatus. However Ciolli teaches in at least Paragraphs 0040 & 0041 wherein a region under surveillance may be surveilled through the use of a camera system, including video cameras, the images captured being used to determine whether a vehicle is present in an intersection as taught in at least Paragraphs 0046 & 0202 of Ciolli [i.e. the first determination is performed by using a video being output from a photographing apparatus that photographs the roadway]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Kotegawa by incorporating the determination of vehicle presence based on video data as taught by Ciolli. The motivation to do so is that, as acknowledged by Ciolli in at least Paragraphs 0040 & 0046, the presence of vehicles may be identified in an environment in a non-intrusive manner, while enabling the use of computer imaging software to identify specific vehicle movements, improving the detection and tracking of vehicles in the environment. Conclusion The following prior art made of record but not relied upon is considered pertinent to the Applicant’s disclosure: Nakata (US 2016/0335509 A1): Nakata recites a system for identifying moving entities in an environment, including the use of video camera data and corresponding analysis to identify specific moving entity types. Wireless communication may take place between terminals as well as between terminals and a server, where entity identification may be carried out from. Hamaguchi (US 2021/0199804 A1): Hamaguchi recites a detection device generating point cloud information in a specified area, including the use of laser radar or similar imaging devices, to identify a vehicle in an environment and analyze the behavior of the vehicle. Yoshikawa (US 12,286,143 B2): Yoshikawa recites a traffic communication system, including a roadside unit configured to transmit a message to a vehicle, the message relating to the crossing status of a roadway that intersects with a railway. A rail vehicle may send a message to the roadside unit, which may then transmit a second message to the vehicle, indicating information such as waiting time. Upon the train passing the intersection, the message may stop transmitting following a release message. Baik (US 2022/0172626 A1): Baik recites a system for providing warnings regarding intersection danger for both pedestrians and vehicles, including the presentation of notifications visually on the ground for pedestrians if a vehicle is in the vicinity, and vice versa for pedestrians with respect to vehicles. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RYAN CARDIMINO whose telephone number is (571)272-2759. The examiner can normally be reached M-Th 8:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramya Burgess can be reached at (571)272-6011. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER R CARDIMINO/Examiner, Art Unit 3661 /RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
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Prosecution Timeline

Aug 18, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection — §103 (current)

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Expected OA Rounds
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82%
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3y 8m
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