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 .
Response to Amendment
Claims 1-3, 9-10, 13, 15, 20, 24-26, and 31-32 have been amended.
Claims 4 and 6 have been canceled.
Claims 1-3, 5, and 7-32 are currently pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5, 7-26, 28-29, and 31-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20230353993 A1) in view of Hirata (US 20180276990 A1).
REGARDING CLAIM 1, Hwang discloses, transmitting a positioning request via a sidelink communication (Hwang: [0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group); receiving, based on the positioning request and via one or more sidelink communications (Hwang: [0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group; [0232]), position data associated with one or more first vehicles traveling on a freeway based on the positioning request (Hwang: [0033] smooth vehicle traffic in a road control section; [0053] FIG. 20 is a flowchart illustrating a method for a first device to control driving of vehicles in a specific section; [0204] In the mode change step S3, the RSU may detect or determine whether the vehicles entering the road control section leave the road control section based on information on a specific group received from the other RSU. In other words, when the RSU receives group information from the other RSU in the negotiation step, the RSU performs the mode change step. In the mode change step, the RSU may collect vehicle information from vehicles included in the specific group. The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group. The RSU may proceed with the operation and/or negotiation step when it is confirmed that all vehicles included in the specific group leave the road control section); determining road congestion information indicating a congestion level of the freeway (Hwang: [ABS] whether a group size of the first group is equal to or larger than a first threshold size; [0207-0211]; [0033] smooth vehicle traffic in a road control section) based on the position data (Hwang: [0278] a speed sensor ... a position module) and speeds (Hwang: [0008] the CAM may include dynamic state information about a vehicle such as direction and speed) of the one or more first vehicles (Hwang: [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm); and sending an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit one or more second vehicles to enter the freeway from an on-ramp, the traffic control device being a freeway on-ramp access device (Hwang: [FIG. 11, 15]; [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm).
The examiner respectfully submits that Hwang discloses “determining road congestion information indicating a congestion level of the freeway (Hwang: see [0207-0211] group size threshold and wait time (examiner: congestion); [0033] smooth vehicle traffic in a road control section)”.
However, alternatively, in the same field of endeavor, Hirata discloses, determining road congestion information indicating a congestion level of the freeway (Hirata: [0077]), for the benefit of a calculation unit registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hwang to include dynamic density values taught by Hirata. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to calculate registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
REGARDING CLAIM 2, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, determining positions of the one or more first vehicles (Hwang: [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm) along a portion of a freeway (Hwang: [0033] smooth vehicle traffic in a road control section) based on the position data, the speeds of the one or more first vehicles, or a combination thereof (Hwang: [0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group. The RSU may proceed with the operation and/or negotiation step when it is confirmed that all vehicles included in the specific group leave the road control section); and the determining of the road congestion information is based on the positions of the one or more first vehicles, the speeds of the one or more first vehicles (Hwang: [0215] Upon receiving the road traffic conditions, each vehicle may inform the RSU of a time when the vehicle starts waiting (or a time when the vehicle starts stopping). The RSU may collect the stopping time and group vehicles into a plurality of groups based on a flow control algorithm. Thereafter, when the entry into the road control section is allowed, the RSU may start vehicles for each group), and map data associated with the freeway (Hwang: [0033] smooth vehicle traffic in a road control section).
REGARDING CLAIM 3, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, the road congestion information indicates vehicle density (Hwang: [0253] the proposed disclosure proposes an RSU technology for increasing traffic flow in a road under road construction. That is, an RSU may measure the waiting time of vehicles based on interactive V2X communication between the vehicles and RSU and then provide fair opportunities to the vehicles) of the one or more first vehicles (Hwang: [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm) along a portion of a freeway (Hwang: [0033] smooth vehicle traffic in a road control section), inter-vehicle spacing between the one or more first vehicles, or a combination thereof (Hwang: [0210] if the number of vehicles that wait for more than the specific threshold time among the plurality of vehicles increases due to a delay caused by the mode change step, the RSU 110 may include vehicles such that the group size of group A1 does not exceed a maximum group size).
REGARDING CLAIM 5, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, transmitting the positioning request via a sidelink communication (Hwang: [0204]) to a group of vehicles that are located within a particular range from a location of the network entity (Hwang: [0204]).
REGARDING CLAIM 7, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, the position data is included in one or more basic safety messages (BSMs), one or more cooperative awareness messages (CAMs), or a combination thereof (Hwang: [0204]).
REGARDING CLAIM 8, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, the sending of the instruction to the traffic control device includes setting a signaling frequency of the traffic control device based on the road congestion information (Hwang: [0202]; see [0208-0211] group size thresholds and wait time).
REGARDING CLAIM 9, Hwang, as modified, remains as applied above to claim 8, and further, Hwang also discloses, setting the signaling frequency (Hwang: [ABS] a first signal requesting standby for entrance to the particular interval; receiving a second signal in response to the first signal from each of multiple vehicles; and transmitting, on the basis of the second signal, a third signal for instructing entrance to the particular interval, wherein the first device groups vehicles, which have been on standby for entrance for a first threshold time or more, among the multiple vehicles, into a first group, on the basis of information on an entrance standby time point according to the first signal included in the second signal, and the third signal is transmitted to the first group on the basis of whether a group size of the first group is equal to or larger than a first threshold size) includes increasing the signaling frequency (Hwang: [ABS] transmitting a first signal requesting standby for entrance to the particular interval; [0251]) based on the road congestion information (Hwang: [0033] smooth vehicle traffic in a road control section) of a freeway (Hwang: [0033] smooth vehicle traffic in a road control section).
Hwang does not explicitly recite the terminology, setting the signaling frequency includes increasing the signaling frequency based on the road congestion information, However, Hwang discloses communicating with vehicle and groups waiting in queue. Which implies or reasonably suggest that a frequency would increase or decrease as vehicle volume expands and contracts.
Hwang does not explicitly disclose indicating a substantially consistent inter-vehicle spacing between the one or more vehicles and a decrease in vehicle density along a portion of a road.
However, in the same field of endeavor, Hirata discloses, indicating a substantially consistent inter-vehicle spacing between the one or more first vehicles (Hirata: [0012-0013]) and a decrease in vehicle density along a portion of a freeway (Hirata: [0104]; [0107-0108, 0110-0112, 0116, 0129]), for the benefit of managing fuel efficiency and safety.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hwang to include spacing monitoring density taught by Hirata. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to manage fuel efficiency and safety.
REGARDING CLAIM 10, Hwang, as modified, remains as applied above to claim 8. Further, Hwang also discloses, setting the signaling frequency (Hwang: [ABS]; [0251]) includes decreasing the signaling frequency (Hwang: [ABS]; [0251]) based on the road congestion information (Hwang: [ABS]; [0251]) along a portion of a freeway (Hwang: [0033] smooth vehicle traffic in a road control section).
Hwang does not explicitly disclose, indicating a substantially consistent inter-vehicle spacing between the one or more first vehicles and an increase in vehicle density.
However, in the same field of endeavor, Hirata discloses, indicating a substantially consistent inter-vehicle spacing between the one or more first vehicles and an increase in vehicle density (Hirata: [0012-0013]; [0103]; [0107-0108, 0110-0112, 0116, 0129-0130]), for the benefit of managing fuel efficiency and safety.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hwang to include spacing monitoring density taught by Hirata. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to manage fuel efficiency and safety.
REGARDING CLAIM 11, Hwang, as modified, remains as applied above to claim 8, and further, Hwang also discloses, display a visual indicator according to the signaling frequency (Hwang: [0251]).
REGARDING CLAIM 12, Hwang, as modified, remains as applied above to claim 8, and further, Hirata also discloses, transmit traffic control messages to one or more additional vehicles according to the signaling frequency (Hirata: [0128]), the traffic control messages indicating permission to enter a road associated with the road congestion information (Hirata: [0128]).
REGARDING CLAIM 13, Hwang discloses, memory storing processor-readable code (Hwang: [0262] the memory(s) 104 may store software code including commands for performing a part or the entirety of processes controlled by the processor(s) 102 or for performing the descriptions, functions, procedures, proposals, methods, and/or operational flowcharts disclosed in this document); and at least one processor coupled to the memory (Hwang: [0262] the memory(s) 104 may store software code including commands for performing a part or the entirety of processes controlled by the processor(s) 102 or for performing the descriptions, functions, procedures, proposals, methods, and/or operational flowcharts disclosed in this document), the at least one processor configured to execute the processor-readable code (Hwang: [0262] the memory(s) 104 may store software code including commands for performing a part or the entirety of processes controlled by the processor(s) 102 or for performing the descriptions, functions, procedures, proposals, methods, and/or operational flowcharts disclosed in this document) to cause the at least one processor to: transmit a positioning request via a sidelink communication (Hwang: [0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group); receive, based on the positioning request and via one or more sidelink communications, position data associated with one or more first vehicles (Hwang: [0204]; [0232]) traveling on a freeway based on the positioning request (Hwang: [0033] smooth vehicle traffic in a road control section); determine road congestion information (Hwang: [0207-0211]) indicating a congestion level (Hwang: [ABS] whether a group size of the first group is equal to or larger than a first threshold size; [0207-0211] The RSU 110 may receive a second signal including information on a stopping time (i.e., waiting time based on the first signal) from each of the plurality of vehicles … the RSU 110 may group the vehicles 210, 220, 230, 240, and 250 into group A1 and the vehicles 260, 270, and 280 into group A2 based on the information on the stopping time ... On the other hand, if the RSU 110 switches to the above-described mode change step (S3) before the group size of group A1 becomes greater than or equal to a first threshold size, the RSU 110 may recalculate the waiting time of each of the plurality of vehicles based on a time at which the mode change step S3 ends. Based on the recalculated waiting time, the RSU 110 may transmit the third signal to group A1 including vehicles that wait for a long time so that the vehicles may first pass the road control section ... when vehicles drive smoothly, the RSU 110 may configure group A1 with the predetermined minimum number of vehicles (or minimum group size). In this case, the delay caused by the mode change step may be minimized. For a middle case, vehicles each having a waiting time greater than or equal to the predetermined threshold time) of the freeway (Hwang: [0033] smooth vehicle traffic in a road control section) based on the position data (Hwang: based on the position data) and speeds (Hwang: [0008] the CAM may include dynamic state information about a vehicle such as direction and speed) of the one or more first vehicles (Hwang: [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm); and send an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit one or more second vehicles to enter (Hwang: [FIG. 11, 15]) the freeway from an on-ramp (Hwang: [0033] smooth vehicle traffic in a road control section) the traffic control device being a freeway on-ramp access device (Hwang: [FIG. 11, 15]).
The examiner respectfully submits that Hwang discloses “determine road congestion information indicating a congestion level of the freeway (Hwang: see [0207-0211] group size threshold and wait time (examiner: congestion); [0033] smooth vehicle traffic in a road control section)”.
However, alternatively, in the same field of endeavor, Hirata discloses, determine road congestion information indicating a congestion level of the freeway (Hirata: [0077]), for the benefit of a calculation unit registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hwang to include dynamic density values taught by Hirata. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to calculate registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
REGARDING CLAIM 14, Hwang, as modified, remains as applied above to claim 13, and further, Hwang also discloses, via the sending of the instruction to the traffic control device (Hwang: [0197]; [0203]; [0211]; [0214]; [0223]) the at least one processor is configured to cause the traffic control device to indicate permission for a particular number of additional vehicles to enter the freeway based on the road congestion information associated with a portion of the freeway (Hwang: [ABS]).
REGARDING CLAIM 15, Hwang, as modified, remains as applied above to claim 14, and further, Hwang also discloses, the road congestion information indicates inter-vehicle spacing between the one or more first vehicles (Hwang: [0207-0211]), and wherein the at least one processor is further configured to: determine the particular number of additional vehicles based on the inter-vehicle spacing, the speeds of the one or more first vehicles, or both (Hwang: [0197]; [0203]; [0211]; [0214]; [0223]; [ABS]; [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm).
In this case, allowing an entire group based upon a threshold group size, is interpreted as a particular number of additional vehicles.
REGARDING CLAIM 16, Hwang, as modified, remains as applied above to claim 14, and further, Hwang also discloses, indicate permission for the particular number of additional vehicles to enter the freeway (Hwang: [0197]; [0203]; [0211]; [0214]; [0223]; [ABS]), the at least one processor is configured to cause the traffic control device to display a visual indicator associated with permission to enter the freeway (Hwang: see [0251] red and green lights) for a time period that corresponds to the particular number of additional vehicles (Hwang: [0026] see signal indicating entry group of threshold size; see [0207-0214] for determining group threshold and limiting access to entry and predetermined mode change time).
In this case, allowing an entire group based upon a threshold group size, is interpreted as a particular number of additional vehicles
REGARDING CLAIM 17, Hwang, as modified, remains as applied above to claim 14, and further, Hwang also discloses, to cause the traffic control device to indicate permission for the particular number of additional vehicles to enter the freeway (Hwang: [0197]; [0203]; [0211]; [0214]; [0223]; [ABS]), the at least one processor is configured to cause the traffic control device to transmit traffic control messages to the particular number of additional vehicles (Hwang: [ABS]), the at least one processor is configured to cause the traffic control device to transmit traffic control messages to the particular number of additional vehicles (Hwang: [ABS]).
REGARDING CLAIM 18, Hwang, as modified, remains as applied above to claim 13, and further, Hwang also discloses, the network entity comprises the traffic control device (Hwang: [FIG. 15ab(RSU's)]).
REGARDING CLAIM 19, Hwang, as modified, remains as applied above to claim 13, and further, Hwang also discloses, the network entity is distinct from the traffic control device (Hwang: [FIG. 11b(110)]) and configured to control the traffic control device via communicating with the traffic control device (Hwang: [0199] Referring to FIG. 11(b), a BS or network supporting soft V2X communication may be configured on behalf of one of the two RSUs.).
REGARDING CLAIM 20, Hwang discloses, means for transmitting a positioning request via a sidelink communication (Hwang: [0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group); means for receiving, based on the positioning request and via one or more sidelink communications, position data associated with one or more first vehicles (Hwang: 0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group) traveling on a freeway (Hwang: [0033] smooth vehicle traffic in a road control section) based on the positioning request (Hwang: [0204]); means for determining road congestion information (Hwang: [0207-0211]) indicating a congestion level of the freeway (Hwang: [0033] smooth vehicle traffic in a road control section) based on the position data (Hwang: [0278]) and speeds (Hwang: [0008]) of the one or more first vehicles (Hwang: [0232]); and means for sending an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit one or more second vehicles to enter the freeway from an on-ramp (Hwang: [FIG. 11, 15]), the traffic control device being a freeway on-ramp access device (Hwang: [0033] smooth vehicle traffic in a road control section).
The examiner respectfully submits that Hwang discloses “means for determining road congestion information (Hwang: see [0207-0211] group size threshold and wait time (examiner: congestion))”.
However, alternatively, in the same field of endeavor, Hirata discloses, means for determining road congestion information (Hirata: [0077]), for the benefit of a calculation unit registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hwang to include dynamic density values taught by Hirata. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to calculate registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
REGARDING CLAIM 21, Hwang, as modified, remains as applied above to claim 20, and further, Hwang also discloses, the positioning request is transmitted periodically (Hwang: [0204]).
REGARDING CLAIM 22, Hwang, as modified, remains as applied above to claim 21, and further, Hwang also discloses, a transmission frequency of the positioning request is based on a time of day, a day of a week, a month of a year, or a combination thereof (Hwang: [0026]; [0132]; [0142]; [0204]; [0232]).
Hwang does not explicitly recite the terminology "a transmission frequency of the positioning request is based on time of day". However, Hwang discloses requesting and collecting vehicle position/location information as an accumulative process as vehicle groups grow. Thus, discloses frequency increases as volume/density increases, including during an obvious time such as rush-hour.
REGARDING CLAIM 23, Hwang, as modified, remains as applied above to claim 21, and further, Hwang also discloses, a transmission frequency of the positioning request is based on a vehicle density along a portion of a road (Hwang: [0026]; [0132]; [0142]; [0204]; [0232]) that is indicated by the road congestion information (Hwang: [0207-0211]).
Hwang does not explicitly recite the terminology "a transmission frequency of the positioning request is based on a vehicle density". However, Hwang discloses requesting and collecting vehicle position/location information as an accumulative process as vehicle groups grow. Thus, discloses frequency increases as volume/density increases.
REGARDING CLAIM 24, Hwang discloses, transmitting a positioning request via a sidelink communication (Hwang: [0204]); receiving, based on the positioning request and via one or more sidelink communications (Hwang: [0204]; [0232]), position data associated with one or more first vehicles traveling on a freeway based on the positioning request (Hwang: [0033]; [0053]; [0204]); determining road congestion information indicating a congestion level of the freeway (Hwang: [ABS]; [0207-0211]; [0033]) based on the position data (Hwang: [0278]) and speeds (Hwang: [0008]) of the one or more first vehicles (Hwang: [0232]); and sending an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit one or more second vehicles to enter the freeway from an on-ramp, the traffic control device being a freeway on-ramp access device (Hwang: [FIG. 11, 15]; [0232]).
The examiner respectfully submits that Hwang discloses “determining road congestion information indicating a congestion level of the freeway (Hwang: see [0207-0211] group size threshold and wait time (examiner: congestion); [0033] smooth vehicle traffic in a road control section)”.
However, alternatively, in the same field of endeavor, Hirata discloses, determining road congestion information indicating a congestion level of the freeway (Hirata: [0077]), for the benefit of a calculation unit registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hwang to include dynamic density values taught by Hirata. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to calculate registering a time at which the traffic signal is switched based on the time interval and the change in the density of vehicles.
REGARDING CLAIM 25, Hwang, as modified, remains as applied above to claim 24, and further, Hwang also discloses, receiving second position data associated with one or more third vehicles (Hwang: see [0197] vehicle traveling in opposite direction; see [0204] position information from a specific group; [0223] The RSU (RSU 1 or RSU 2) may classify the vehicles into a plurality of groups based on the received stopping time information (or update the groups); [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles)); and updating the road congestion information based on the second position data (Hwang: [0223] The RSU (RSU 1 or RSU 2) may classify the vehicles into a plurality of groups based on the received stopping time information (or update the groups); [0232] the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm).
REGARDING CLAIM 26, Hwang, as modified, remains as applied above to claim 24, and further, Hwang also discloses, determining a vehicle instruction associated with a first vehicle of the one or more first vehicles (Hwang: [ABS]) based on the road congestion information (Hwang: [ABS]); and transmitting the vehicle instruction to the first vehicle (Hwang: [ABS]).
REGARDING CLAIM 28, Hwang, as modified, remains as applied above to claim 26, and further, Hirata also discloses, vehicle instruction indicates a particular speed to be maintained by the first vehicle (Hirata: [0101]).
REGARDING CLAIM 29, Hwang, as modified, remains as applied above to claim 26, and further, Hirata also discloses, vehicle instruction indicates one or more actions for traversing an intersection of a road (Hirata: [0130]).
REGARDING CLAIM 31, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, cause the freeway on-ramp access device to permit the one or more second vehicles to enter the freeway from the on-ramp (Hwang: [0197] In other words, the first RSU 110 may control the flow of vehicles 210, 220, and 230 entering a road control section in the first direction, and the second RSU 120 may control the flow of a vehicle 310 entering the road control section in the second direction) by displaying a visual indicator or by transmitting a traffic control message to the one or more second vehicles (Hwang: [0194] the flow of vehicles may be controlled by temporary traffic lights or by construction workers by radio).
REGARDING CLAIM 32, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, calculating an initial density value for the one or more first vehicles based at least in part on the position data(Hwang: [0017]; [0202]; [0232]); setting a signaling frequency of the traffic control device based on the calculating of the initial density value (Hwang: [0209-0210]); calculating an increased or decreased density value (Hwang: examiner: beginning at [0192] (section title: Group and Flow Control)] through [0253] Hwang discloses adjusting wait time based upon the group size expanding and contracting); and changing the signaling frequency of the traffic control device based on the calculating of the increased or decreased density value (Hwang: [0211]).
Claim(s) 27 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20230353993 A1) in view of Hirata (US 20180276990 A1) as applied to claim 26 above, and further in view of Noh (US 20220309919 A1).
REGARDING CLAIM 27, Hwang, as modified, remains as applied above to claim 26, and further, Hwang, as modified, does not explicitly disclose, vehicle instruction indicates a particular inter-vehicle separation to be maintained between the first vehicle and any adjacent vehicles.
However, in the same field of endeavor, Noh discloses, vehicle instruction indicates a particular inter-vehicle separation to be maintained between the first vehicle and any adjacent vehicles (Noh: [Claim 3] determining a spacing between the connected vehicle and a leading vehicle positioned in front of the connected vehicle; and determining the driving instructions to cause the vehicle to reduce speed if the spacing between the connected vehicle and the leading vehicle is less than a predetermined threshold distance), for the benefit of proper spacing to allow vehicles to change lanes as congestion increases.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Hwang to include threshold spacing taught by Noh. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to properly spacing to allow vehicles to change lanes as congestion increases.
REGARDING CLAIM 30, Hwang, as modified, remains as applied above to claim 26, and further, Hirata also discloses, vehicle instruction is further determined based on a target fuel efficiency associated with the first vehicle (Hirata: [0002]).
Hwang, as modified, does not explicitly disclose, a target vehicle density for a portion of a road associated with the road congestion information, a target transit time associated with the first vehicle, or a combination thereof.
However, in the same field of endeavor, Noh discloses, a target vehicle density for a portion of a road associated with the road congestion information, a target transit time associated with the first vehicle, or a combination thereof (Noh: [Claim 3]; [Claim 14]), for the benefit of proper spacing to allow vehicles to change lanes as congestion increases.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Hwang to include threshold spacing taught by Noh. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to properly spacing to allow vehicles to change lanes as congestion increases.
Response to Arguments
Applicant's arguments filed 07-06-2026, beginning on page 10, have been fully considered but they are not persuasive.
To the examiner’s best understanding, via applicant’s remarks and amendments, the prior art of record fails to disclose metering for a freeway, and that the prior art is directed to metering some other roadway. The examiner respectfully agrees that the prior art does not explicitly disclose metering a freeway on-ramp. However, the prior art is pertinent to managing “Hwang: [0033] smooth vehicle traffic in a road control section”. The examiner respectfully submits, that the emphasis on “freeway” implies or suggests that the prior art discloses a parallel process, just applied to a different type of road section. The examiner respectfully submits, metering a roadway to manage traffic flow or congestion is parallel to metering an on-ramp for a freeway.
Further, to the examiner’s best understanding, the applicant has also contended that the prior art of Hwang fails to disclose “second vehicles”. See “Hwang: [0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm”.
Further still, to the examiner’s best understanding, the applicant has contended that the prior art of record fails to disclose “transmitting a positioning request via a sidelink communication”. The examiner respectfully submits, see Hwang “[0204] The RSU may collect the vehicle information by periodically obtaining a vehicle position included in a conventional V2X message (e.g., CAM or BSM) or requesting information about the vehicle position from each of the vehicles included in the specific group” and “[0232] According to another embodiment, an RSU may receive information about vehicles (first vehicles) entering a road control section from one end of the road control section from the first vehicles. The RSU may obtain information on vehicles (second vehicles) located at the other end of the road control section from a soft V2X server. In this case, the RSU may transmit information about the road control section and a signal related to stopping to the second vehicles via the soft V2X server. The RSU may receive information on stopping times of the first vehicles from the first vehicles and receive information on stopping times of the second vehicles from the soft V2X server. Thereafter, the RSU may perform grouping on the first vehicles and the second vehicles and update the groups according to the flow control algorithm”.
Furthermore, to the examiner’s best understanding, the applicant has contended that the amended claim 1 cannot be obviously applied to a freeway ramp, because the amended claim senses a vehicle on a freeway, and meters other vehicles based upon traffic conditions, and this is not what is disclosed by the prior art of Hwang. The examiner respectfully submits, as cited above, Hwang (US 20230353993 A1) discloses all of the contentious limitations with the exception of applying the disclosed metering to a freeway ramp. The examiner respectfully submits, Hwang (US 20230353993 A1) discloses “[0033] smooth vehicle traffic in a road control section”. Which, under the broadest reasonable interpretation, would include ramp metering.
Lastly, to the examiner’s best understanding, the applicant has contended that the prior art of Hirata (US 20180276990 A1) cannot be relied upon for modifying Hwang (US 20230353993 A1) because the motivation cannot withstand scrutiny. The examiner respectfully disagrees. To the examiner’s best understanding, the prior art of Hirata (US 20180276990 A1) is in the field of the inventor’s endeavor (managing traffic with metering) and is reasonably pertinent to the particular problem with which the inventor was concerned (managing traffic flow). Thus, the prior art appears to be eligible prior art for modifying, in order to managing meter switching times. Because the prior art of record discloses that which is claimed, and are pertinent to the problem and solution, the examiner respectfully maintains the rejection of the independent claims under 35 USC §103, obviousness.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lund (US 20230396958 A1)
Fujii (US 20210183099 A1)
Fehrenbach (US 20220167347 A1)
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.S./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
