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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01-07-2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01-07-2026 has been considered by the examiner.
Response to Amendment
Claims 1, 13, 20, and 24 have been amended.
claims 31-32 have been introduced.
Claims 4, 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, receiving position data associated with one or more vehicles (Hwang: [0204]) based on a positioning request (Hwang: [0204]); determining road congestion information (Hwang: [0207-0211]) based on the position data (Hwang: [0278] a speed sensor ... a position module) and speeds of the one or more vehicles (Hwang: [0008] the CAM may include dynamic state information about a vehicle such as direction and speed); and sending an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit the one or more vehicles to enter a freeway from an on-ramp (Hwang: [FIG. 11, 15]), the traffic control device being a freeway on-ramp access device (Hwang: [FIG. 11, 15]).
The examiner respectfully submits that Hwang discloses “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, the road congestion information based on the position data (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 vehicles along a portion of a road based on the position data, the speeds of the one or more vehicles, or a combination thereof (Hwang: [0204]); and the determining of the road congestion information is based on the positions of the one or more vehicles, the speeds of the one or more vehicles, and map data associated with the road (Hwang: [0215]).
REGARDING CLAIM 3, Hwang, as modified, remains as applied above to claim 1, and further, Hwang also discloses, the road congestion information (Hwang: [0253]) indicates vehicle density of the one or more vehicles along a portion of a road, inter-vehicle spacing between the one or more vehicles, or a combination thereof (Hwang: [0210]).
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]; [0251) includes increasing the signaling frequency (Hwang: [ABS]) based on the road congestion information (Hwang: [ABS]).
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 vehicles (Hirata: [0012-0013]) and a decrease in vehicle density along a portion of a road (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, and 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]).
Hwang does not explicitly recite the terminology, setting the signaling frequency includes decreasing 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 an increase 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 vehicles (Hirata: [0012-0013]) and an increase in vehicle density along a portion of a road (Hirata: [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, a memory storing processor-readable code (Hwang: [0262]); and at least one processor coupled to the memory (Hwang: [0262]), the at least one processor configured to execute the processor-readable code (Hwang: [0262]) to cause the at least one processor to: receive position data associated with one or more vehicles based on a positioning request (Hwang: [0204]) determine road congestion information (Hwang: [0207-0211]) based on the position data (Hwang: [0278]) and speeds of the one or more vehicles (Hwang: [0008]); and send an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit the one or more vehicles to enter a freeway from an on-ramp (Hwang: [FIG. 11, 15]) 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 (Hwang: see [0207-0211] group size threshold and wait time (examiner: congestion))”.
However, alternatively, in the same field of endeavor, Hirata discloses, the road congestion information based on the position data (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 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 vehicles, or both (Hwang: [0197]; [0203]; [0211]; [0214]; [0223]; [ABS]).
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 receiving position data associated with one or more vehicles (Hwang: [0204]) based on a positioning request (Hwang: [0204]); means for determining road congestion information (Hwang: [0207-0211]) based on the position data (Hwang: [0278]) and speeds of the one or more vehicles (Hwang: [0008]); and means for sending an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit the one or more vehicles to enter a freeway from an on-ramp (Hwang: [FIG. 11, 15]), the traffic control device being a freeway on-ramp access device (Hwang: [FIG. 11, 15]).
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, receiving position data associated with one or more vehicles (Hwang: [0204]) based on a positioning request (Hwang: [0204]); determining road congestion information (Hwang: [0207-0211]) based on the position data (Hwang: [0278]) and speeds of the one or more vehicles (Hwang: [0008]); and sending an instruction, for a traffic control device (Hwang: [0251]) and based on the road congestion information (Hwang: [0253]), to permit the one or more vehicles to enter a freeway from an on-ramp (Hwang: [FIG. 11, 15]), the traffic control device being a freeway on-ramp access device (Hwang: [FIG. 11, 15]).
The examiner respectfully submits that Hwang discloses “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, 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 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 second vehicles (Hwang: see [0197] vehicle traveling in opposite direction; see [0204] position information from a specific group; [0223]; [0232]); and updating the road congestion information based on the second position data (Hwang: [0223]; [0232]).
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 vehicles (Hwang: [ABS]) based on the road congestion information (Hwang: [ABS] see wait time and group size); 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 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 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 vehicles based at least in part on the position data (Hwang: [0017] The third signal may be transmitted to the first group depending on whether a group size of the first group is greater than or equal to a first threshold size and whether group information is received from a second device; [0202] In the negotiation step (S1), the RSU may inform vehicles entering a road control section on a lane in a specific direction of a road restriction, receive vehicle status information from each vehicle, and perform grouping on the vehicles based on a traffic flow control device); setting a signaling frequency of the traffic control device based on the calculating of the initial density value (Hwang: [0209-0210] 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 ... the group size of group A1 does not exceed a maximum group size); 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] when vehicles drive smoothly, the RSU 110 may configure group A1 with the predetermined minimum number of vehicles (or minimum group size) ... the delay caused by the mode change step may be minimized ... vehicles each having a waiting time greater than or equal to the predetermined threshold time (or first threshold time) may be classified into group A1, and vehicles each having a waiting time less than the predetermined threshold time (or first threshold time) may be classified into group A2. When the number of groups is adjusted based on the waiting time as described above, the travel time may be adjusted appropriately depending on different vehicle congestion levels on both access of the construction site (or road control section)).
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 01-07-2026, beginning on page 10, have been fully considered but they are not persuasive.
The applicant’s representative has argued “the cited "road control section" of Hwang is not used to permit the one or more vehicles to enter a freeway from an on-ramp. Indeed, Hwang is silent regarding "sending an instruction to permit the one or more vehicles to enter a freeway from an on-ramp, the traffic control device being a freeway on-ramp access device," as claim 1 presently recites.” The examiner agrees that the prior art does not disclose a freeway ramp road-side unit. However, to the examiner’s best understanding, especially pertaining to an obviousness rejection, in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the full disclosure which one skilled in the art would reasonably be expected to draw therefrom. In this case, to the examiner’s best understanding, it would be obvious to one of ordinary skill, that the teachings of Hwang for managing a roadway can be applied to another roadway type. When the general conditions of a claim are disclosed in the prior art, it is not inventive to discover other workable circumstances by routine experimentation, optimization, or customization (customization is under umbrella of optimization). To the examiner’s best understanding, substitution of equivalents doing the same thing as the original invention is not such an invention as will sustain a patent, even if the changes produce better results than prior inventions. Thus, Hwang discloses that which is claimed, without an explicitly reciting the terminology “freeway ramp”. Because Hwang discloses that which is claimed, 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)
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/A.S./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
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