RESPONSE TO AMENDMENT
Continued Examination under 37 CFR 1.114
A request for continued examination (RCE) under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 31-March-2026 has been entered.
This communication is responsive to the amendment filed 31-March-2026 with respect to application 18/333,802 filed 13-June-2023.
Applicant has amended claims 1, 6, 16 and 17.
Claims 1-3, 5-8, 16 and 17 are currently pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Objection is made to claims 1 and 6because of the following informalities:
Claim 1 recites in part: “….select a prioritized item from the plurality of items prioritized according to….” [line 10], and which is understood to mean “…select a prioritized item from the plurality of items of moving body information prioritized according to….”.
Claim 6 also recites “plurality of items”, requiring clarification in the same manner.
Appropriate correction is required.
Claim Rejections - 35 USC §103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-8, 16 and 17 are rejected under 35 USC §103(a) as unpatentable over Mukaiyama (United States Patent Application Publication # US 2004/0138809A1) in view of Rubin et al. (United States Patent # US 9,105,189 B2), hereinafter Rubin, and Torii (United States Patent Application Publication # US 2017/0151945 A1).
Consider claim 1: An information generation device mountable on a mobile body, Mukaiyama discloses a vehicular communication apparatus installed on the vehicle and configured to share information with proximate foreign moving objects, and wherein foreign objects may include pedestrians, bicycles, wheelchairs and various vehicle types [Title; Abstract; Fig. 1; Para. 0003, 0012-0014, 0038; claim 1], the information generation device comprising:
at least one memory configured to store a program; the apparatus comprising a data management ECU, composed of a CPU and ROM and RAM memories, programs executed by the CPU stored in ROM, [Fig. 1; Para. 0043]; and
a central processing unit (CPU) coupled to the memory and configured to execute a program, [Fig. 1; Para. 0043]; to:
acquire moving environment information concerning a moving environment in which the mobile body moves; the CPU performing a process in which one or more requests are received (from proximate foreign moving objects within communicable range), a request which may include an ID code, positional information and a vehicle type code (steps 100/102, 200/202) [Fig. 1-2, 6-7; Para. 0048-0051, 0064-0065, 0080-0081, 0084-0085], wherein information about the presence and relative location of other moving objects in the proximate environment are acquired;
acquire a number of times each of a plurality of mobile body information is used in the mobile body;
select a prioritized item from the plurality of items prioritized according to the moving environment information and the number of times the item is used; wherein a variety of own-vehicle information is stored in a data buffer (12A), and particularly that information collected (a-az) and stored may include items relating to the moving environment such as (ah) an expected time before having a scrape with, meeting, or crossing another vehicle, or (az) information on an infrastructure system [Fig. 4a-b], and also that these and other items may be prioritized according to emergency level (high, intermediate and low) and an example wherein a high level emergency (accident prevention) may prioritize communication of (ah) information, and wherein an exemplary intermediate level situation (road ahead threat) may prioritize (az) information [Fig. 5a-c; Para. 0067-0068];
select an essential item of the mobile body information that is indispensable, irrespective of the prioritized item; items may be prioritized according to emergency level (high, intermediate and low) and an example wherein a high level emergency (accident prevention) may prioritize as “required” (indispensable) communication of (ah) information (moving environment information) and may also prioritize other information not related to the environment, such as (c ) to (f) (steering wheel, accelerator and brake positions, and vehicle speed) also as required/indispensable) [Fig. 4a-b; 5a-c; Para. 0056, 0067-0068]; and
generate information for transmission transmitted to another mobile body, the information for transmission including mobile body information of the mobile body according to the essential item and the prioritized item; wherein the selected pieces of this information are prepared and communicated to a qualified foreign object (with which communication has been established) according to the situation, priority, a particular request, and/or a vehicle type (step 104), or presence of an intersection [Fig. 1; Para. 0058-0061, 0075, 0077, 0081-0082], and also that the required information items are included in the transmission(s) [Fig. 4a-b; 5a-c; Para. 0056, 0067-0068].
Mukaiyama suggests that the own vehicle has information (and therefore has acquired) with regard to the environment including a route to be followed, or information on an infrastructure system, broadly such as “a piece of information on an infrastructure on a road stretching ahead” [Fig, 4B, (l), (az); Para. 0068], or an approaching intersection [Para. 0075], and discloses that merging, crossing and/or other contact with proximate vehicles may be anticipated (aa-ah) and communicated to other (foreign) vehicles, but does not explicitly disclose obtaining related environmental information including proximate cross streets, merging lanes, road type, and traffic congestion information. This was known in analogous prior art, however, and for example:
Rubin discloses a route guidance system and method in which a plurality of vehicles each collect information about their own vehicle, and the vehicle environment, and transmit the information to a plurality of vehicles within range, by which each vehicle may develop conclusions about the environment and neighboring vehicle actions [Title; Abstract, Fig. 8-9, 12-13; Col. 3, 1-15; Col. 9, 9-18; Claim 1-5], and particularly: (a) messages may include a lane designation field which characterizes an occupied lane with respect to crossing (intersection, turning), merging, and/or type (unpaved, highway, parking space, etc.) [Col. 42, 51 to Col. 45, 11; Table 9], and also a field designating four risk factor flags and characterization of: vehicle behavior, weather and road conditions, current traffic conditions and location history [Fig. 14, 16, 17; Col. 51, 10-19, Col. 51, 42 to Col. 52, 46].
Mukaiyama also does not disclose that the number of times that particular mobile body information is used is acquired and used to determine priority. This was also known in analogous prior art, and for example:
Torii discloses an information processing device and method of managing a vehicle lane keeping function [Title; Abstract; Fig. 1-4; Para. 0008-0011], and in particular that vehicles may each engage and disengage an automatic lane keeping function based on collected vehicle environment information, and that the number, rate and locations of disengagement by a particular and other vehicles, along with other vehicle information (such as use of windshield wipers) is tracked and aggregated in order to warn other vehicles of likely disengagement [Fig. 2-3; Fig. 0049-0057, 0059-0062].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to acquire information for an own vehicle, including about a lane in in which the vehicle resides (road type, merging or crossing activity, about road conditions (including intersections and traffic lights and crosswalks) and measures of traffic congestion and congestion risk as taught by Rubin and where a number of application and disabling of vehicle functions (such as lane keeping and/or windshield wiper operation) may be used to categorize a priority of such information as taught by Torii, and applied to a vehicle-to vehicle communication apparatus and method as taught by Mukaiyama in order that relative positions of upcoming and/or proximate crossings, intersections or merging points may be used to develop anticipation crossing, merging and contact information, and infrastructure information (aa-ae, az), and related risks thereto, such that communication priority adjusted accordingly; and where disengagement of an automatic driving function, even if only occurring once, and a particular location may be sufficient to prioritizing a notification of the incident.
Consider claim 2 and as applied to claim 1: The information generation device according to claim 1, wherein the CPU is further configured to execute the program to:
select mobile body information of an item prioritized according to the moving environment information among movement information of the plurality of items, the moving environment information further including present position information of the mobile body and map information based on the present position information; Mukaiyama discloses that vehicle position may be an item communicated in an initial request/response communication with a foreign moving object and basic data (2) [Fig. 2; Para. 0047-0048, 0050], and also an exemplary list of own vehicle information parameters which may be selected for communication to the foreign object [Fig. 4A-4B; Para. 0041, 0047, 0056, 0067-0068] and where these include: (k) setting of destination, (l) setting of a route to be followed, (aa) possibility of crossing or missing, and (ap) please go first [Fig. 4A-4B; Para. 0041, 0047, 0056, 0067-0068];
select mobile body information of an item prioritized according to a result obtained by comparing present position information and map information among the mobile body information of the plurality of items of the mobile body; Mukaiyama discloses that useful information for transmission to the foreign mobile body “….in accordance with at least one of a relationship between the vehicle and the foreign moving object and a circumstance in which the vehicle runs….”, and “…. The circumstance in which the vehicle runs may include….. a running position of the vehicle (e.g., a lane in which the vehicle runs or a current position of the vehicle relative to an intersection or a meeting point)….” [Para. 0015]; and
generate the information for transmission including the mobile body information of the selected item; and where after preparation of information to be transmitted (104), it is transmitted [Fig. 6; Para. 0083].
Mukaiyama does not explicitly state comparison of vehicle position to a map position, It would have been obvious to, and understood by one of ordinary skill in the art at the time of effective filing for the invention, that a destination, route, intersection (location of) or meeting point (location), are positions that would be placed on or references to a map (a map is merely a conceptual or physical depiction of positional relationships between a plurality of objects), and therefore, the disclosed points (or route) are equivalent to map positions.
Robin discloses developing of lane maps based on locations of own and a plurality of foreign vehicles, and on road features and intersections [Fig. 8-9; Col. 60, 59 to Col. 62, 43], where it would have been obvious to communicate various own vehicle parameters as taught by Mukaiyama germane to approaching other vehicles at the intersections or crossings.
Torii similarly discloses aggregation of lane keeping stops according to location [Fig. 2; Para. 0058].
Consider claim 3 and as applied to claim 1: The information generation device according to claim 1, wherein the CPU is further configured to execute the program to: generate, as mobile body information of the prioritized item, information for transmission including at least mobile body information of the item concerning an automatic driving, when the mobile body is moving in a place exclusive for mobile bodies. Mukaiyama discloses an exemplary list of own vehicle information parameters which may be selected for communication to a foreign object [Fig. 4A-4B; Para. 0041, 0047, 0056, 0067-0068] and where these include: (m) a setting state of cruise or automatic driving, and (t) a request to change lanes (where a lane is a place exclusive for mobile bodies. Mukaiyama further discloses that under certain exemplary emergency situations (A1-A4) that both of these information pieces may be communicated [Fig. 5A; Para. 0059, 0067-0068].
Consider claim 5 and as applied to claim 1: The information generation device according to claim 1, wherein the CPU is further configured to execute the program to: transmit the information for transmission to a communication device mounted on other mobile bodies existing in a communicable range from a position of the mobile body. Mukaiyama discloses specific transmission of the selected own-vehicle pieces of information according to a determined transmission cycle to the proximate foreign object, and where the foreign receives the information (steps 106/108) [Fig. 1, 6; Para. 0012, 0038, 0082-0083; Claim 1].
Consider claim 6: An information generation method, Mukaiyama discloses a vehicular communication apparatus installed on the vehicle and configured to share information with proximate foreign moving objects, and a method for its operation [Title; Abstract; Fig. 1; Para. 0003, 0012-0014, 0038; claim 1]; comprising:
acquiring moving environment information concerning a moving environment in which a mobile body moves by a central processing unit (CPU); the apparatus comprising a data management ECU, the method performed by programs stored in ROM and executed by a CPU, [Fig. 1; Para. 0043]; the process comprising steps in which one or more requests are received (from proximate foreign moving objects within communicable range), a request which may include an ID code, positional information and a vehicle type code (steps 100/102, 200/202) [Fig. 1-2, 6-7; Para. 0048-0051, 0080-0081, 0084-0085]; wherein information about the presence and relative location of other moving objects in the proximate environment are acquired;
acquiring a number of times each of a plurality of items of mobile body information is used in the mobile body;
selecting a prioritized item from the plurality of items prioritized according to the moving environment information and the number of times the item is used; wherein a variety of own-vehicle information is stored in a data buffer (12A), and particularly that information collected (a-az) and stored may include items relating to the moving environment such as (ah) an expected time before having a scrape with, meeting, or crossing another vehicle, or (az) information on an infrastructure system [Fig. 4a-b], and also that these and other items may be prioritized according to emergency level (high, intermediate and low) and an example wherein a high level emergency (accident prevention) may prioritize communication of (ah) information, and wherein an exemplary intermediate level situation (road ahead threat) may prioritize (az) information [Fig. 5a-c; Para. 0067-0068];
selecting an essential item of the mobile body information that is indispensable irrespective of the prioritized item; items may be prioritized according to emergency level (high, intermediate and low) and an example wherein a high level emergency (accident prevention) may prioritize as “required” (indispensable) communication of (ah) information (moving environment information) and may also prioritize other information not related to the environment, such as (c ) to (f) (steering wheel, accelerator and brake positions, and vehicle speed) also as required/indispensable) [Fig. 4a-b; 5a-c; Para. 0056, 0067-0068]; and
generating information for transmission transmitted to another mobile body by the CPU, the information for transmission including mobile body information of the mobile body according to the essential item and the prioritized item; wherein the selected pieces of this information are prepared and communicated to a qualified foreign object (with which communication has been established) according to the situation, priority, a particular request, and/or a vehicle type (step 104), or presence of an intersection [Fig. 1; Para. 0058-0061, 0075, 0077, 0081-0082], and also that the required information items are included in the transmission(s) [Fig. 4a-b; 5a-c; Para. 0056, 0067-0068].
Mukaiyama suggests that the own vehicle has information (and therefore has acquired) with regard to the environment including a route to be followed, or information on an infrastructure system, broadly such as “a piece of information on an infrastructure on a road stretching ahead” [Fig, 4B, (l), (az); Para. 0068], or an approaching intersection [Para. 0075], and discloses that merging, crossing and/or other contact with proximate vehicles may be anticipated (aa-ah) and communicated to other (foreign) vehicles, but does not explicitly disclose obtaining related environmental information including proximate cross streets, merging lanes, road type, and traffic congestion information. This was known in analogous prior art, however, and for example:
Rubin discloses a route guidance system and method in which a plurality of vehicles each collect information about their own vehicle, and the vehicle environment, and transmit the information to a plurality of vehicles within range, by which each vehicle may develop conclusions about the environment and neighboring vehicle actions [Title; Abstract, Fig. 8-9, 12-13; Col. 3, 1-15; Col. 9, 9-18; Claim 1-5], and particularly: (a) messages may include a lane designation field which characterizes an occupied lane with respect to crossing (intersection, turning), merging, and/or type (unpaved, highway, parking space, etc.) [Col. 42, 51 to Col. 45, 11; Table 9], and also a field designating four risk factor flags and characterization of: vehicle behavior, weather and road conditions, current traffic conditions and location history [Fig. 14, 16, 17; Col. 51, 10-19, Col. 51, 42 to Col. 52, 46].
Mukaiyama also does not disclose that the number of times that particular mobile body information is used is acquired and used to determine priority. This was also known in analogous prior art, and for example:
Torii discloses an information processing device and method of managing a vehicle lane keeping function [Title; Abstract; Fig. 1-4; Para. 0008-0011], and in particular that vehicles may each engage and disengage an automatic lane keeping function based on collected vehicle environment information, and that the number, rate and locations of disengagement by a particular and other vehicles, along with other vehicle information (such as use of windshield wipers) is tracked and aggregated in order to warn other vehicles of likely disengagement [Fig. 2-3; Fig. 0049-0057, 0059-0062].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to acquire information for an own vehicle, including about a lane in in which the vehicle resides (road type, merging or crossing activity, about road conditions (including intersections and traffic lights and crosswalks) and measures of traffic congestion and congestion risk as taught by Rubin and where a number of application and disabling of vehicle functions (such as lane keeping and/or windshield wiper operation) may be used to categorize a priority of such information as taught by Torii, and applied to a vehicle-to vehicle communication apparatus and method as taught by Mukaiyama in order that relative positions of upcoming and/or proximate crossings, intersections or merging points may be used to develop anticipation crossing, merging and contact information, and infrastructure information (aa-ae, az), and related risks thereto, such that communication priority adjusted accordingly; and where disengagement of an automatic driving function, even if only occurring once, and a particular location may be sufficient to prioritizing a notification of the incident.
Consider claim 7 and as applied to claim 1: A computer-readable recording medium which records a program for an information generation device, the program causing a central processing unit to function as the information generation device according to claim 1. Mukaiyama discloses that programs for operating the apparatus are performed by a CPU and stored on ROM within a data management ECU (1) [Fig. 1; Para. 0043].
Consider claim 8 and as applied to claim 2: The information generation device according to claim 2, wherein the CPU is further configured to execute the program to: select an item of merging information preferentially when the mobile body is near a merging point, and/or select an item of crossing information when the mobile body is near a crossing, by comparing the present position information and the map information.
Mukaiyama discloses storing of merging information (broadly including crash, collision, scrape, meeting point, crossing or overtaking (parameters (aa) to (ah)) [Fig. 4]; and particularly where one or more of these are deemed “required” for communication when a meeting situation is determined as a high emergency level (near, imminent, or likely); and wherein the (own) vehicle may be made aware of a nearby merge point of intersection [Fig. 5; Para, 0058-0059, 0067, 0073, 0075]. Mukaiyama does not specifically disclose the use of map information.
Rubin, however, discloses developing of lane maps based on locations of own and a plurality of foreign vehicles, and on road features and intersections [Fig. 8-9; Col. 60, 59 to Col. 62, 43].
Consider claim 16 and as applied to claim 1: The information generation device according to claim 1, wherein the moving environment information includes information concerning weather.
Mukaiyama does not specifically disclose collection or generation of information relating to weather conditions.
Rubin, however, discloses weather conditions (along with road condition) and one of four major risk parameters, and wherein weather information as collected and communicated [Fig. 16; Col. 6, 25-34; Col. 41, 14-28; Col. 51, 10-62].
Consider claim 17 and as applied to claim 6: The information generation method according to claim 6, wherein the moving environment information includes information concerning weather.
Mukaiyama does not specifically disclose collection or generation of information relating to weather conditions.
Rubin, however, discloses weather conditions (along with road condition) and one of four major risk parameters, and wherein weather information as collected and communicated [Fig. 16; Col. 6, 25-34; Col. 41, 14-28; Col. 51, 10-62].
Response to Arguments
Applicant’s arguments filed on 31-March-2026 have been carefully and fully considered by the Examiner, and responses are provided as follow:
Consider Applicant’s remarks with respect to rejection of claims 1-3, 5-8, 16 and 17 under 35 USC §103 over Mukaiyama (US 2004/0138809A1) and Rubin (US 9,105,189 B2) [Remarks: page 6-8]:
Regarding independent claims 1 and 6: The argument presented, in brief, is that Mukaiyama fails to all limitations of these claims as presently amended. And in particular selection of a prioritized item from a plurality of items according to moving environment information, and a number of times the item is used, This argument has been considered, but is rendered moot by a now rejection of the claim under 35 USC §103 over Mukaiyama, Rubin and Torii (US 2017/0151945 A1), the new rejection necessitated by the amendment of these claims, and where Mukaiyama clearly teaches prioritization of message information in consideration of moving environment information, and where Torii teaches monitoring of lane keeping systems and a number times that operation is suspended.
Further arguments assert that Mukaiyama and Rubin are unrelated and represent impermissible hindsight. This argument is not persuasive, both references related to collection and communication of both moving environment and own vehicle information, and communication of such information to other vehicles. Torii, introduced in this action, is similarly analogous.
Consider Applicant’s remarks with respect to claims 2, 3, 5, 7, 8, 16 and 17: No additional or separate arguments are made with respect to these claims, and allowability asserted based on the alleged allowability of base claims 1 and 6. These claims are now also rejected under 35 USC §103 over Mukaiyama, Rubin and Torri, based on the new rejection of the base claim, and on the particular citations and analysis presented for each in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on 11-8 EDT M, T, F.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached on (571)270-73283114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHEN R BURGDORF/Examiner, Art Unit 2685
Prosecution Insights