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 Arguments
Applicant’s arguments with respect to claims 1, 8, 6, 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner is using Lee et al. (US 20180342154 A1) to address part of the new limitation.
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.
Claims 1 - 12, 14 - 27, 29 - 30 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20200196321 A1) in view of Lee et al. (US 20180342154 A1).
Regarding claim 1, Zhang discloses a method of wireless communication performed at a user equipment (UE) (Fig. 9 shows network with different UEs, base station 902 and server 904; [0026]; Fig. 7 & 8; [0099]; [0101] discloses UE communicates information to network), the method comprising:
transmitting, to a network unit, activity information associated with the UE ([0101] discloses “User devices, e.g., vehicles 706 and PUEs 710, may communicate their respective activity, movement, and/or location data to the network ….”);
receiving, from the network unit, an indication of a transmission frequency for transmitting a notification, wherein the transmission frequency is based at least in part on the activity information associated with the UE ([0100])
[0102] discloses “Various values related to overall activity in the area may be considered by the network e.g., by the base station 702, in determining message scheduling. Statistics related to the speeds of user devices may be considered, such as average speed or maximum speed values for certain groups of user devices, or the ratio of devices in a certain group whose current or past speeds are greater than a threshold value. Various other activity-related, movement-related, or speed-related data may be used,…”;
[0103] discloses “… the vehicles 704 may be determined to be moving at relatively high speeds. As a result of determining this high activity state or motion/mobility state, the base station 702 may establish the safety message transmission scheduling of certain UEs at a high or higher frequency. For example, the base station 702 may communicate information to the PUEs 710 indicating that they should transmit at a highest baseline frequency of once per period, e.g., once every 320 ms period as shown ..”;
[0105] discloses “…the area may be determined to be in a relatively more static or inactive state. For example, there may be relatively little or no vehicle activity as shown. In such cases, the network may indicate to certain power-limited UEs that they should reduce the frequency of their safety message transmissions in order to conserve power….”);
and the transmission frequency is based at least in part on one or more dynamic environmental conditions associated with the UE (
Abstract discloses: “…Scheduling (e.g., timing and/or frequency) of safety message communications performed by certain UE devices participating in a V2X network may be dynamically adjusted according to various criteria, such as factors relating to the DRX cycle schedule, motion or mobility, traffic environment,..”;
[0011] discloses “In some embodiments, a UE in a V2X network may operate to adjust the frequency of its safety message scheduling according to motion or traffic activity detected in its environment”;
[0110] discloses “….The UE may operate to autonomously assess traffic-related activity in its environment and adjust scheduling of safety message communications based in part on these assessments.”);
and transmitting the notification based on the transmission frequency ([0100] discloses “For example, the base station (or RSU) 702 may communicate information specifying new safety message transmission scheduling ..”; wherein transmitting the notification based on the transmission frequency happens after the UE receives the transmission frequency as in the previous limitation).
Zhang does not disclose the transmission frequency is based at least in part on one or more static environmental conditions associated with the UE.
In the same field of endeavor, however, Lee discloses the transmission frequency is based at least in part on one or more static environmental conditions associated with the UE (
Fig. 4; wherein the static environmental condition is the intersection with two lanes in each direction;
[0026] discloses ““Take an embodiment of an intersection with each driving direction having two lanes as an example, assuming that a communication range is 250 m while there are 50 vehicles which are going to communicate at each driving direction. If the coding transmitting speed of QPSK 3/4 is 9 Mbps and the real bandwidth utilization rate in air is 0.7, the total available bandwidth of QPSK 3/4 equals to 9 Mbps×0.7 (that is, 6.3 Mbps). Take a BSM packet with an average packet length of 300 bytes as an example. Assume that every vehicle broadcasts one message every 100 ms (that is, the frequency is 10 Hz), the bandwidth used for all vehicles at the intersection will be 200×10 Hz×300 bytes×8 bit (that is, 4.8 Mbps)”; wherein the static condition is the intersection with two lanes each way. Dynamic condition is also disclosed as the number of vehicles at the intersection).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the method, as taught by Lee in the system of Zhang because having the personal message transmission frequency to also be a function of the static environmental conditions would help optimize the transmission frequency according to conditions.
Regarding claim 2, Zhang discloses receiving, from the network unit, an indication of a second transmission frequency for transmitting the notification, wherein the second transmission frequency is different from the transmission frequency ([0106] discloses “… a PUE that has recently joined the network or is new to an area within the network, e.g., that is new to the coverage area of the base station 702, may initially begin transmissions of safety messages at a certain higher baseline frequency by default. Here, the base station 702 may later adjust the frequency of the new UE's communications after collecting a certain amount of information regarding its activity…”; wherein the 1st frequency would be the higher frequency and the 2nd frequency would be the adjusted frequency);
and transmitting the notification based on the second transmission frequency ([0100]).
Regarding claim 3, Zhang discloses the notification comprises a safety message that includes a dynamic status of a user associated with the UE ([0006] discloses “These routine messages, i.e., “safety messages”, may include various data related to their respective user devices, such as movement information (e.g., speed, acceleration, and/or brake status), position or location information (e.g., latitude and longitude, elevation, etc.), and other possible details”; [0076] recites similar).
Regarding claim 4, Zhang discloses the dynamic status of the user associated with the UE comprises a location of the UE, a motion state of the UE ([0006] discloses “These routine messages, i.e., “safety messages”, may include various data related to their respective user devices, such as movement information (e.g., speed, acceleration, and/or brake status), position or location information (e.g., latitude and longitude, elevation, etc.), and other possible details”).
Zhang does not explicitly disclose a path history associated with the UE, and a path prediction associated with the UE.
However, under Rationales for Obviousness (MPEP 2143, Rationales E and F), these are obvious to try or are obvious variations of the above e.g. path history can easily be obtained by storing past locations and path prediction can be obtained by extrapolating previous path and by using speed information.
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use obtain path history and path prediction, as these would be useful in knowing whether to increase/decrease the transmission frequency e.g. a user walking board a vehicle, then transmission frequency could be increased.
Regarding claim 5, Zhang discloses the activity information comprises at least one of a type of a user associated with the UE, an activity of the user associated with the UE, a location of the UE, a direction of movement of the UE, or a speed of movement of the UE ([0102] discloses speed used).
Regarding claim 6, Zhang discloses the receiving the indication of the transmission frequency comprises: receiving, from the network unit, the indication of the transmission frequency via a Uu message or a PC5 message ([0051] discloses both Uu and PC5 possibilities for communication).
Regarding claim 7, Zhang discloses detecting an incident, wherein the incident comprises an event in proximity of a location associated with the UE; and wherein the transmitting the notification comprises transmitting the notification based at least in part in response to the incident ([0106] discloses “… a PUE that has recently joined the network or is new to an area within the network, e.g., that is new to the coverage area of the base station 702, may initially begin transmissions of safety messages at a certain higher baseline frequency by default. Here, the base station 702 may later adjust the frequency of the new UE's communications after collecting a certain amount of information regarding its activity…”; wherein the event is the UE joining the network or new to the network and transmitting the notification would be in response to UE joining network).
Claim 8 is similarly analyzed as claim 1. Claim 8 additionally recites:
receiving, from one or more first user equipments (UEs) and one or more second wireless communication devices,
sending, to the one or more first UEs.
i.e. there is more than one UE and also one or more second wireless communication devices.
The “more than one UE and also one or more second wireless communication devices” are disclosed by Zhang (Fig. 6 discloses pedestrians, vehicles and mass transit vehicles; [0099]; wherein the 2nd wireless communication device could be the mass transit vehicles).
Regarding claim 9, Zhang discloses receiving, from the one or more first UEs and the one or more second wireless communication devices, second data associated with the one or more first UEs ([0101] discloses “User devices, e.g., vehicles 706 and PUEs 710, may communicate their respective activity, movement, and/or location data to the network ….”);
and sending, to the one or more first UEs, an indication of a second transmission frequency for transmitting the notification, wherein the second transmission frequency is based on at least in part on the second data associated with the one or more first UEs, and the second transmission frequency is different from the transmission frequency ([0106] discloses “… a PUE that has recently joined the network or is new to an area within the network, e.g., that is new to the coverage area of the base station 702, may initially begin transmissions of safety messages at a certain higher baseline frequency by default. Here, the base station 702 may later adjust the frequency of the new UE's communications after collecting a certain amount of information regarding its activity…”; wherein the 1st frequency would be the higher frequency and the 2nd frequency would be the adjusted frequency).
Regarding claim 10, Zhang discloses the one or more second wireless communication devices comprise at least one of a second UE, a roadside unit, a dedicated short-range communications (DSRC)-equipped device, or a service server (Fig. 7 discloses multiple UEs; [0099]; [0101]).
Regarding claim 11, Zhang discloses the data associated with the one or more first UEs includes data associated with an environment in proximity of the one or more first UEs, statistical data associated with a type of a user of the one or more first UEs ([0100] discloses “….least partly based on aggregated or statistical activity and/or movement (i.e., mobility) metrics received from (or derived from) one or more (or all) user devices ….”), activity information associated with the one or more first UEs, or active information associated with the one or more second wireless communication devices.
Regarding claim 12, Zhang discloses the data associated with the one or more first UEs includes the data associated with the environment in proximity of the one or more first UEs, wherein the data associated with the environment in proximity of the one or more first UEs includes at least one of construction information, weather information, accident information, or road design information (Fig. 9 shows vehicle, cyclist, pedestrian; Fig. 7 shows pedestrian, vehicles, mass transit vehicles. Hence, road design information is inherently known and can also be derived from vehicle location).
Regarding claim 14, Zhang discloses the data associated with the one or more first UEs includes the activity information associated with the one or more first UEs, wherein the activity information associated with the one or more first UEs includes at least one of the type of the user associated with the one or more first UEs, an activity of the user associated with the one or more first UEs, a location of the one or more first UEs, a direction of a movement of the one or more first UEs, or a speed of the movement of the one or more first UEs ([0049] , [0099] disclose types of UE; [0102] discloses speed of user).
Claim 15 is similarly analyzed as claim 6, with claim 15 reciting sending instead of receiving.
Claim 16 is similarly analyzed as claim 1. Memories, transceiver, processor are disclosed by Zhang (Fig. 3, elements 306/350, 330/335, 302; [0065]).
Claim 17 is similarly analyzed as claim 2.
Claim 18 is similarly analyzed as claim 3.
Claim 19 is similarly analyzed as claim 4.
Claim 20 is similarly analyzed as claim 5.
Claim 21 is similarly analyzed as claim 6.
Claim 22 is similarly analyzed as claim 7.
Claim 23 is similarly analyzed as claim 8. Memories, transceiver, processor are disclosed by Zhang (Fig. 4, elements 460/450, 430/432/434, 404; [0070]).
Claim 24 is similarly analyzed as claim 9.
Claim 25 is similarly analyzed as claim 10.
Claim 26 is similarly analyzed as claim 11.
Claim 27 is similarly analyzed as claim 12.
Claim 29 is similarly analyzed as claim 14.
Claim 30 is similarly analyzed as claim 15
Claims 13, 28 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20200196321 A1) in view of Lee et al. (US 20180342154 A1) and further in view of Lindberg (EP 4112411 B1).
Regarding claim 13, Zhang discloses the data associated with the one or more first UEs includes the statistical data associated with the type of the user of the one or more first UEs ([0100] discloses using statistical data).
Zhang does not disclose wherein the statistical data associated with the type of the user of the one or more first UEs includes an accident occurrence frequency corresponding to the type of the user, and accident occurrence conditions corresponding to the type of the user.
In the same field of endeavor, however, Lindberg discloses wherein the statistical data associated with the type of the user of the one or more first UEs includes an accident occurrence frequency corresponding to the type of the user, and accident occurrence conditions corresponding to the type of the user (claim 8 in column 16, lines 51+ discloses “An apparatus (10, 45) for alerting drivers and/or autonomous vehicles…wherein the accident intensity is an intensity in a Poisson sense, and wherein the trained model is formed based on accident data from an accident database comprising environmental conditions information about a plurality of critical scenarios at a time each critical scenario occurs and data indicative of frequencies of occurences of similar situations, in terms of the environmental conditions, as the critical scenarios, wherein the data indicative of frequencies of similar situations defines a number of attempts associated with each critical scenario; if the determined accident intensity exceeds a threshold, transmit a signal indicating an approaching high risk scenario to a Human-Machine-Interface, HMI, (47) of the vehicle and/or to a control system (46) of the vehicle”; wherein the frequency and conditions correspond to the type of user being drivers and/or autonomous vehicles).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the method, as taught by Lindberg in the system of Zhang because this data could be used to provide alerts to drivers, as is well known in the art.
Claim 28 is similarly analyzed as claim 13.
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
The following patents/publications are cited to further show the state of the art with respect to transmission using personal safety messages:
Li et al. (US 9048960 B2) discloses Methods and Apparatus for Communicating Safety Message Information.
Zhang et al. (US 9685086 B2) discloses Power Conservation in Traffic Safety Applications.
Jiang et al. (US 10304339 B2) discloses Extending Vehicle-to-vehicle Communications Via Sensors.
Conclusion
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADOLF DSOUZA whose telephone number is (571)272-1043. The examiner can normally be reached Mon - Fri 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADOLF DSOUZA/Primary Examiner, Art Unit 2632