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 .
Notice to Applicant
This office action is in response to applicant amendment mailed on 21 January 2026.
The terminal disclaimer received on 21 January 2026 in response to the double patent rejection made on 21 October 2025 in the Non-Final office action has been disapproved. Please see Terminal Disclaimer review decision mailed on 30 January 2026.
Limitations appearing inside {} are intended to indicate limitations not taught by said prior art(s)/combinations.
Claims 1-20 are pending.
Information Disclosure Statement
No Information Disclosure Statement (IDS) was filed; therefore, no applicant-submitted references were considered.
Response to Amendments
The Amendment filled 21 January 2026 in response to Non-Final Office Action mailed 21 October 2025 has been entered. Claims 1, 14, and 20 have been amended. No new matter has been introduced. Claims 2-13, and 15-19 are original claims.
Response to Arguments
Applicant’s arguments, see Remarks (pages 6-7), filed 21 January 2026, with respect to claims 1 and 10 have been fully considered and are persuasive. The claim interpretation under 35 USC 112(f) set forth in the said Non-Final office action has been withdrawn.
Applicant’s arguments, see Remarks (pages 7-8), filed 21 January 2026, with respect to claims 1-20 have been fully considered and are persuasive. The rejections under 35 USC 101 of claims 1-20 have been withdrawn.
Applicant amended claims 1, 14 and 20 to include the limitations off “off-board device” and “remote control device”. Applicant argued that referenced of record do not teach these limitations. However, examiner respectfully disagrees, as Kickbusch teaches communicating an output signal from the off-board planner system to direct vehicles according to selected remedial actions (¶¶[0090]-[0092]). Therefore, the amended limitations are still rejected. New art is relied upon for teaching the measuring distance between the observer device to the vehicle in order to rely upon the best art that teaches the claim as a whole.
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 1-3, 5, 11, 13, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch, US Patent Application Publication No. US 20130151133 A1, in view of Staats et al., US 20200158815 A1, as cited in the IDS.
Regarding claim 1, Kickbusch teaches a system comprising:
an observer device configured to monitor a route area(Kickbusch,¶[0040]; The wayside devices 118 … monitor operational parameters of the vehicles 104 and/or the routes 102.), the observer device located off- board a vehicle (Kickbusch; [0040] wayside devices 118 may be disposed in the transportation network 100 alongside or otherwise near the routes 102.);
one or more processors configured to receive sensor signals output by the observer device (Kickbusch, ¶[0041] The wayside devices 118 may include wireless antennas 120, such as RF or cellular antennas, along with associated transceiving circuitry, that communicate with the vehicles 104 and/or planner system 110 (i.e., processor). ),
the one or more processors configured to analyze the sensor signals to determine {a distance of} the vehicle within the route area {from the observer device} (Kickbusch, ¶[0098] A monitoring module 1510 (part of the off-board planner system 110, See Fig 15) tracks movements of the vehicles 104 (shown in FIG. 1).), and
the one or more processors configured to determine a vehicle location of the vehicle based on {the distance and} a predetermined location of the observer device (Kickbusch; ¶[0066]; FIGS. 5 and 6 illustrate positions and directions of movement of the vehicles 104 at different points in time, with the locations shown in of FIG. 6 being subsequent to those shown in FIG. 5 (shown below). Positions and directions of movement of vehicles at different points in time” is interpreted as location of the vehicle. While localizing the vehicle is based on observer device location, Kickbusch does not explicitly teach that the location is additionally based on distance.);
a remote control device configured to control the vehicle (Kickbusch, ¶[0091]; remedial actions can be implemented by communicating an output signal from the planner system 110 (shown in FIG. 1) to the first vehicle 104a (shown in FIG. 3) that directs the first vehicle 104a) by
permitting movement based on the vehicle location (Kickbusch, an example of permitting movement based on vehicle location involves controlling the vehicle to arrive at a later time due to proximity to its destination: ¶[0091] “communicating an output signal from the planner system 110 to the first vehicle 104a that … delays the scheduled arrival time of the first vehicle 104a such that the first vehicle 104a slows down as the first vehicle 104a travels to the destination location”) and
one or more movement restrictions for the route area (Kickbusch, ¶[0092]; communicating output signals from the planner system 110 to the vehicles 104a, 104b, 104c that directs the vehicles 104a, 104b, 104c to change the paths taken by the vehicles 104a, 104b, 104c to avoid traveling over the damaged section 900 of the route 102),
the remote control device located off-board the vehicle (Kickbusch, ¶[0036]; shown in FIG. 1, the planner system 110 can be disposed off-board (e.g., outside) the vehicles 104); and
a communication device communicatively connected to the one or more processors and configured to communicate the vehicle location to at least one of the vehicle or the remote control device (Kickbusch, ¶[0036]; The planner system 110 can include a wireless antenna 112, such as a radio frequency (RF) or cellular antenna, along with associated transceiving circuitry, that wirelessly transmits schedules and/or modifications to the schedules to the vehicles 104).
Kickbusch does not explicitly teach the one or more processors configured to analyze the sensor signals to determine a distance of the vehicle within the route area from the observer device. While Kickbusch teaches determining vehicle location based on location of observer device, the location is not also based on vehicle distance.
However Staats teaches the one or more processors configured to analyze the sensor signals to determine a distance of the vehicle within the route area from the observer device (Staats, ¶[0049]; controller 20 can be programmed or configured to determine… a first distance 22 from first radio receiver 12 to first radio transmitter 6), and
the one or more processors configured to determine a vehicle location of the vehicle based on the distance and a predetermined location of the observer device (Staats, ¶[0050]; controller 20 can be programmed or configured to determine from the thus determined first and second distances 22 and 24 and the first geographical location 8 of first radio transmitter 6 demodulated from first radio signal 10 a first geographical location 28 of locomotive 4.)
Kickbusch and Staats are analogous art because they are from the same field of endeavor of determining the geographical position of a locomotive or train. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining location of vehicle based on distance and observer device location as taught by Staats to the invention of Kickbusch. The motivation to do so would be to maintain capability to determine train location when GPS signals are unavailable and when dead-reckoning may not be reliable or to verify the integrity of the geographical position of the locomotive for the purpose of train control.
Regarding Claim 2, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches wherein the one or more processors and the communication device are disposed within a wayside monitoring assembly that is near the route area (Kickbusch, See Fig 15 and ¶[0095]; one or more computer processors; ¶[0040]; Several wayside devices 118 may be disposed in the transportation network 100 alongside or otherwise near the routes 102; and Fig 1, shown below, exhibits wayside device 118 with wireless antennas 120 (¶[0041])).
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Regarding Claim 3, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches wherein the one or more processors are configured to prevent the vehicle from moving along a first route of the route area (Kickbusch, ¶[0092]; the first set of remedial actions can be implemented by communicating output signals from the planner system 110 (shown in FIG. 1) to the vehicles 104a, 104b, 104c (shown in FIG. 9) that are scheduled to travel through the damaged section 900 (shown in FIG. 9) of the route 102 (shown in FIG. 9) to stop moving)
unless the one or more processors receive a signal from the remote control device, responsive to receiving the vehicle location, that grants permission for the vehicle to move along the first route (Kickbusch, ¶[0078]; As shown in FIGS. 13 and 14, the first, second, and third vehicles 104a, 104b, 104c slow down and, as a result, the fourth vehicle 104d may be required to slow and/or stop (as shown in FIG. 13) before continuing on (as shown in FIG. 14). Additionally, the third vehicle 104c may be required to slow down and/or stop to allow the second vehicle 104b to safely pull in front of the third vehicle 104c. Subsequent to the positions shown in FIG. 14, the vehicles 104 may resume travel toward associated destination locations; ¶[0095]; planner system 110 can include a control unit 1500, such as one or more computer processors).
Regarding Claim 5, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches wherein the route area encompasses multiple routes (Kickbusch, ¶[0032]; transportation network 100 includes a plurality of interconnected routes 102), and
the one or more processors are configured to identify a specific route of the multiple routes that is occupied by the vehicle based on the sensor signals output by the observer device (Kickbusch, see Fig 15 exhibits one or more processors of the planner system 110, and ¶[0036]; A planner system 110 can monitor and plan (e.g., coordinate) the movements of the vehicles 104 in the transportation network 100).
Regarding Claim 11, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches wherein the route occupied by the vehicle comprises a track, and the vehicle is a rail vehicle (Kickbusch, ¶[0033]; the vehicles 104 are rail vehicles; travels along a track).
Regarding Claim 13, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches wherein the one or more processors are configured to determine the vehicle location in positional coordinates (Kickbusch, ¶[0061]; Global Positioning System receivers, speed sensors, transponders, and the like) that determine the position of the vehicles 104 and/or information used to determine the location of the vehicles 104).
Regarding Claim 14, Kickbusch teaches method comprising:
receiving sensor signals output by an observer device that monitors a route area the observer device located off-board a vehicle (Kickbusch; [0040] wayside devices 118 may be disposed in the transportation network 100 alongside or otherwise near the routes 102.);
detecting a presence of the vehicle within the route area (Kickbusch, ¶[0061]; wayside devices 118 (shown in FIG. 1) reporting the passage of the vehicles 104 by the wayside devices 118 to the planner system 110);
analyzing the sensor signals to determine {a distance of the vehicle from the observer device} (Kickbusch teaches that the position information signals are transmitted to the processor from the vehicle rather than from the observer device as claimed, ¶[0061]; positions of the vehicles 104 (or other information that is used to determine the positions) can be transmitted from the vehicles 104 to the planner system 110 (shown in FIG. 1));
determining a vehicle location of the vehicle based on {the distance and} a predetermined location at which the observer device is mounted (Kickbusch; ¶[0061]; External monitoring can include the wayside devices 118 (shown in FIG. 1) reporting the passage of the vehicles 104 by the wayside devices 118 to the planner system 110, or other sensors disposed outside of the vehicles 104 (i.e., based on predetermined location of observer device) reporting when and where the vehicles 104 move; and, ¶[0066]; FIGS. 5 and 6 illustrate positions and directions of movement of the vehicles 104 at different points in time, with the locations shown in of FIG. 6 being subsequent to those shown in FIG. 5 (shown below). “Positions and directions of movement of vehicles at different points in time” is interpreted as location of the vehicle. While localizing the vehicle is based on observer device location, the location is not additionally based on distance);
generating a message, comprising the vehicle location, to be communicated to at least one of the vehicle or a remote control device that is off-board the vehicle(Kickbusch, ¶[0061]; positions of the vehicles 104 (or other information that is used to determine the positions) can be transmitted from the vehicles 104 to the planner system 110 (shown in FIG. 1). External monitoring can include the wayside devices 118 (shown in FIG. 1) reporting the passage of the vehicles 104 by the wayside devices 118 to the planner system 110, or other sensors disposed outside of the vehicles 104 reporting when and where the vehicles 104 move); and
controlling the vehicle by permitting movement based on the vehicle location and one or more movement restrictions for the route area . (Kickbusch, ¶[0091]; remedial actions can be implemented by communicating an output signal from the planner system 110 (shown in FIG. 1) to the first vehicle 104a (shown in FIG. 3) that directs the first vehicle 104a to stop moving … communicating an output signal from the planner system 110 to the first vehicle 104a that … delays the scheduled arrival time of the first vehicle 104a such that the first vehicle 104a slows down as the first vehicle 104a travels to the destination location; ¶[0092]; communicating output signals from the planner system 110 to the vehicles 104a, 104b, 104c that directs the vehicles 104a, 104b, 104c to change the paths taken by the vehicles 104a, 104b, 104c to avoid traveling over the damaged section 900 of the route 102).
Staats further teaches a distance of the vehicle from the observer device (Staats, ¶[0049]; controller 20 can be programmed or configured to determine, according to a first and a second number of cycles of the first radio signal 10 received/counted by the respective first and second radio receivers 12 and 14, a first distance 22 from first radio receiver 12 to first radio transmitter 6 and a second distance 24 from second radio receiver 14 to first radio transmitter 6); and
determining a vehicle location of the vehicle based on the distance and a predetermined location at which the observer device is mounted (Staats, ¶[0050]; controller 20 can be programmed or configured to determine (in a manner described hereinafter) from the thus determined first and second distances 22 and 24 and the first geographical location 8 of first radio transmitter 6 demodulated from first radio signal 10 a first geographical location 28 of locomotive 4).
Regarding Claim 17, the combination of Kickbusch and Staats teach the system of claim 14. Kickbusch further teaches wherein the route area encompasses multiple routes (Kickbusch, ¶[0032]; transportation network 100 includes a plurality of interconnected routes 102), and
determining the vehicle location includes identifying a specific route of the multiple routes that is occupied by the vehicle based on the sensor signals generated by the observer device (Kickbusch, ¶[0036]; planner system 110 can monitor and plan the movements of the vehicles 104 in the transportation network 100).
Claims 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch in view of Staats, and further in view Kälberer et al., US 20210094595 A1.
Regarding Claim 9, the combination of Kickbusch and Staats teach the system of claim 1. The combination does not explicitly disclose wherein the one or more processors are configured to determine the distance of the vehicle from the observer device by analyzing the sensor signals output by at least one of an ultrasonic distance sensor or an optical distance sensor of the observer device.
However Kälberer, a similar field of endeavor of determining position of a train on a track, teaches wherein the one or more processors are configured to determine the distance of the vehicle from the observer device by analyzing the sensor signals output by at least one of an ultrasonic distance sensor or an optical distance sensor of the observer device (Kälberer, ¶[0047]; sensors (here the optical imaging sensors 5, 6) search for and measure passive trackside structures 56 ahead of the train 58, in particular with respect to their appearance characteristics (external shape), their distance to the train 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include optical imaging as taught by Kälberer to the combined invention of Kickbusch and Staats. The motivation to do so would be to facilitate calculating or generating the consolidated position information of the train.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch in view of Staats, and further in view of Hagio et al., U.S. Patent Application Publication No. US 20220012496 A1.
Regarding Claim 6, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches wherein the one or more processors are configured to detect the presence of the vehicle within the route area (Kickbusch, ¶[0061]; External monitoring can include the wayside devices 118 (shown in FIG. 1) reporting the passage of the vehicles 104 by the wayside devices 118 to the planner system 110, or other sensors disposed outside of the vehicles 104 reporting when and where the vehicles 104 move). The combination does not explicitly disclose determine the distance of the vehicle from the observer device by analyzing image data output by a camera of the observer device.
However, Hagio further teaches determine the distance of the vehicle from the observer device by analyzing image data output by a camera of the observer device (Hagio, ¶[0401]; The control unit of the unmanned aerial vehicle 90 calculates a distance from the unmanned aerial vehicle 90 to the tracking target((step S93). For example, the control unit of the unmanned aerial vehicle 90 analyzes image data of an image captured by a camera, and calculates the distance from the unmanned aerial vehicle 90 to the tracking target).
Kickbusch and Hagio are analogous art because they are from the same field of endeavor of a security method that perform imaging and/or recording of a site by an unmanned aerial vehicle (i.e., wayside monitor) while reducing a work load of a police officer or the like at the site. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include measuring the relative distance between the target and monitoring device as taught by Hagio to the combined invention of Kickbusch and Staats. The motivation to do so would be to perform a certain task when a distance between the unmanned aerial vehicle 90 and the tracking target is equal to or higher than a predetermined value.
Claims 4, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch in view of Staats and further in view of Vance, U.S. Patent Application Publication No. US 20180056792 A1.
Regarding Claim 4, the combination of Kickbusch and Staats teach the system of claim 1. The combination does not explicitly disclose wherein the one or more processors are configured to communicate the vehicle location to the at least one of the vehicle or the remote control device prior to the vehicle starting to move along a route occupied by the vehicle.
However, Vance teaches wherein the one or more processors are configured to communicate the vehicle location to the at least one of the vehicle or the remote control device prior to the vehicle starting to move along a route occupied by the vehicle (Vance, Fig 19 and ¶[0082]; control system 18 may receive (block 222) a request to move the roaming vehicle 12 while one or more mechanical brakes 58 are deployed).
Kickbusch and Vance are analogous art because they are from the same field of endeavor of monitoring systems observing roaming vehicle positions and sending control signals to the vehicles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include communicating to the vehicle while it is not moving as taught by Vance to the combined invention of Kickbusch and Staats. The motivation to do so would be to control the transportation of numerous roaming vehicles.
Regarding Claim 15, the combination of Kickbusch and Staats teach the system of claim 14. The combination does not explicitly disclose wherein the message is generated while the vehicle is stationary on a route within the route area.
However Vance teaches wherein the message is generated while the vehicle is stationary on a route within the route area (Vance, Fig 19 and ¶[0082]; control system 18 may receive (block 222) a request to move the roaming vehicle 12 while one or more mechanical brakes 58 are deployed).
Regarding Claim 16, the combination of Kickbusch, Staats and Vance teach the system of claim 15. Kickbusch further teaches further comprising preventing the vehicle from moving along the route until the vehicle receives permission from the remote control device, responsive to receiving the vehicle location, to move along the route (Kickbusch, ¶[0078]; As shown in FIGS. 13 and 14, the first, second, and third vehicles 104a, 104b, 104c slow down and, as a result, the fourth vehicle 104d may be required to slow and/or stop (as shown in FIG. 13) before continuing on (as shown in FIG. 14). Additionally, the third vehicle 104c may be required to slow down and/or stop to allow the second vehicle 104b to safely pull in front of the third vehicle 104c. Subsequent to the positions shown in FIG. 14, the vehicles 104 may resume travel toward associated destination locations).
Claims 7-8, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch in view of Staats, and further in view of Brooks et al., US Patent Application Publication No. US 20200349498 A1, as cited in the IDS.
Regarding Claim 7, the combination of Kickbusch, Staats and Hagio teach the system of claim 6. Staats further teaches wherein the one or more processors are configured to determine the distance of the vehicle from the observer device (Staats, ¶[0049]; a first distance 22 from first radio receiver 12 to first radio transmitter 6) {by comparing a size of a graphical representation of at least a portion of the vehicle depicted in the image data to reference data stored in a memory device}. The combination does not explicitly teach by comparing a size of a graphical representation of at least a portion of the vehicle depicted in the image data to reference data stored in a memory device.
However, Brooks, a similar field of endeavor of train monitoring units, teaches by comparing a size of a graphical representation of at least a portion of the vehicle depicted in the image data to reference data stored in a memory device (Brooks, ¶[0061]; graphic identifiers that are detected can be cataloged … to establish an association between the assigned identifier and the graphic identifiers; graphic identifiers (e.g., asset type, color, size, shape, load status, damage spots, dirt, and the like) that differentiate the given asset from at least some other assets).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include graphic identifiers as taught by Brooks to the combined invention of Kickbusch and Staats. The motivation to do so would be for asset identification.
Regarding Claim 8, the combination of Kickbusch, and Staats teach the system of claim 6. The combination does not explicitly disclose wherein the one or more processors are configured to analyze the image data output by the camera to identify the vehicle relative to one or more other vehicles based on at least one of a graphical indicium displayed on the vehicle or a shape of the vehicle.
However Brooks teaches wherein the one or more processors are configured to analyze the image data output by the camera to identify the vehicle relative to one or more other vehicles based on at least one of a graphical indicium displayed on the vehicle or a shape of the vehicle (Brooks, ¶[0061]; image analysis is performed to detect one or more identifiers within the image data; identifiers can include alphanumeric assigned identifiers … and graphic identifiers that are distinguishing features that differentiate the particular asset from to at least some other assets).
Regarding Claim 18, the combination of Kickbusch, and Staats teach the method of claim 14. The combination does not explicitly disclose wherein receiving the sensor signals output by the observer device comprises receiving image data generated by a camera of the observer device.
However, Brooks teaches wherein receiving the sensor signals output by the observer device comprises receiving image data generated by a camera of the observer device (Brooks, ¶[0040]; a camera may be connected or otherwise disposed on an off-board device along a route of the transportation network).
Kickbusch and Brooks are analogous art because they are from the same field of endeavor of train monitoring units. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include graphic identifiers as taught by Brooks to the combined invention of Kickbusch and Staats. The motivation to do so would be for asset identification.
Regarding Claim 19, the combination of Kickbusch, Staats, and Brooks teach the system of claim 18. Brooks further teaches further comprising identifying the vehicle relative to one or more other vehicles based on one or both of a graphical indicium displayed on the vehicle in the image data or a shape of the vehicle in the image data (Brooks, ¶[0061]; graphic identifiers that are detected can be cataloged … to establish an association between the assigned identifier and the graphic identifiers; graphic identifiers (e.g., asset type, color, size, shape, load status, damage spots, dirt, and the like) that differentiate the given asset from at least some other assets).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch in view of Staats, and further in view of Chung et al., US Patent Application Publication No. US 20160046308 A1.
Regarding Claim 10, the combination of Kickbusch and Staats teach the system of claim 1. wherein the observer device is a first observer device, and the one or more processors are configured to receive second sensor signals from a second observer device that is spaced apart from the first observer device (Kickbusch, ¶[0040] Several wayside devices 118 may be disposed in the transportation network 100 alongside or otherwise near the routes 102; ¶[0041] The wayside devices 118 may include wireless antennas 120, such as RF or cellular antennas, along with associated transceiving circuitry, that communicate with the vehicles 104 and/or planner system 110; and see Fig 1 exhibits first and second wayside devices spaced apart along the route),
the second observer device configured to monitor {at least a portion of} the route area {monitored by the first observer device} (Kickbusch, ¶[0040] Several wayside devices 118 may be disposed in the transportation network 100 alongside or otherwise near the routes 102),
wherein the one or more processors are configured to analyze second sensor signals generated by the second observer device to determine a second {distance of} the vehicle from the second observer device (Kickbusch, ¶[0098] A monitoring module 1510 (part of the off-board planner system 110, See Fig 15) tracks movements of the vehicles 104 (shown in FIG. 1); Staats further teaches second distance of the vehicle form the second observer device: Staats, ¶[0049]; controller 20 can be programmed or configured to determine… a second distance 24 from second radio receiver 14 to first radio transmitter 6),
the one or more processors configured to determine the vehicle location of the vehicle based on (i) the distance of the vehicle from the first observer device, (ii) the predetermined location at which the first observer device is mounted, (iii) the second distance of the vehicle from the second observer device, and (iv) a second predetermined location at which the second observer device is mounted (Staats, ¶[0051]; an optional second radio transmitter 18 can be used with first radio transmitter 6 and first and second radio receivers 12 and 14 to determine the geographical location of locomotive 4;
However, Chung, a similar field of endeavor of train control using wayside monitors, teaches the second observer device configured to monitor at least a portion of the route area monitored by the first observer device (Chung, Fig 6B, shown below, exhibits second observer device monitoring at least a portion of the area monitored by the first observer)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include two observation devices as taught by Chung to the combined invention of Kickbusch and Kälberer. The motivation to do so would be to provide coverage of the track way.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kickbusch in view of Staats and further in view of Helfrich et al., US Patent Application Publication No. US 20240011797 A1.
Regarding Claim 12, the combination of Kickbusch and Staats teach the system of claim 1. Kickbusch further teaches
{wherein, responsive to determining that the vehicle is not present within the route area and signals from a GNSS receiver are not available,}
the one or more processors are configured to restrict at least one of a speed or a distance that the vehicle can move along the route (Kickbusch, ¶[0078]; As shown in FIGS. 13 and 14, the first, second, and third vehicles 104a, 104b, 104c slow down and, as a result, the fourth vehicle 104d may be required to slow and/or stop (as shown in FIG. 13) before continuing on (as shown in FIG. 14). Additionally, the third vehicle 104c may be required to slow down and/or stop to allow the second vehicle 104b to safely pull in front of the third vehicle 104c. Subsequent to the positions shown in FIG. 14, the vehicles 104 may resume travel toward associated destination locations; ¶[0095]; planner system 110 can include a control unit 1500, such as one or more computer processors)
{until at least one of the vehicle is present within the route area or the signals from the GNSS receiver are available}.
The combination does not explicitly disclose wherein, responsive to determining that the vehicle is not present within the route area and signals from a GNSS receiver are not available, and until at least one of the vehicle is present within the route area or the signals from the GNSS receiver are available.
However Helfrich discloses wherein, responsive to determining that the vehicle is not present within the route area and signals from a GNSS receiver are not available, and until at least one of the vehicle is present within the route area or the signals from the GNSS receiver are available (Helfrich, ¶[0050]; The reason for losing location of the vehicle can be of different type, such that the vehicle is driving in a tunnel, or at an area where the strength of the communication signal between the GPS and the satellite for other reasons is pore. If no loss of location 150 is determined, the procedure returns to the first step of obtaining S1 an updated signal indicative of the road path, or returns to the second step, whereby the control system 105 updates the generation S2 of stop positions).
Kickbusch and Helfrich are analogous art because they are from the same field of endeavor of vehicle control systems utilizing GPS. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include taking different actions during loss of GPS reliability or detectability of vehicle as taught by Helfrich to the combined invention of Kickbusch and Staats. The motivation to do so would be to minimize the risk of accidents under such conditions.
Claims 20 rejected under 35 U.S.C. 103 as being unpatentable over Chung in view of Kickbusch.
Regarding Claim 20, Chung discloses a wayside monitoring assembly comprising:
a camera configured to be mounted proximate one or more routes and oriented to monitor a route area including at least one route of the one or more routes (Chung, [0099] wayside monitor 310 sensors 110, 312 may include one or more of visible band imagers 3112 producing either sequential still images or video images, one or more infrared (IR) band imagers 3114 producing either sequential still IR images or video IR images);
one or more processors configured to analyze image data generated by the camera to detect a presence of a vehicle within the route area (Chung, ¶[0152]; the processor 3120 determining from the data sensed by the plurality of different sensors 110, … the crossing 62 thereof proximate the positive train control unit 100, 310) and
determine a distance of the vehicle from the camera (Chung, ¶[0151]; “a data receiver 3140 configured to receive data from a track monitor 330, or from a switch monitor 320, or from a wayside monitor 310, or from a combination thereof, and to couple that data to the processor 3120; the processor 3120 determining from the data sensed by the plurality of different sensors 110, 312, from the location data, and from data received by the data receiver 3140, the location of the positive train control unit 100 (i.e., train location), 310 relative to predetermined track way 60 (i.e., observer device is on the track way) configuration data”. The location of the train 100 relative to predetermined track way 60 configuration data is interpreted as distance.),
the one or more processors configured to determine a vehicle location of the vehicle based on the distance and a predetermined location at which the camera is mounted (Chung, ¶[0151]; The data from the plurality of different sensors 110, 312 and data received by the data receiver 3140 may include data from a track monitor 330, from a switch monitor 320, and/or from a wayside monitor 310, may be geo-tagged and time-tagged.).
{a remote control device configured to control the vehicle by permitting movement based on the vehicle location and one or more movement restrictions for the route area, the remote control device located off-board the vehicle; and a communication device configured to communicate the vehicle location to at least one of the vehicle or the remote control device}.
Chung does not explicitly disclose a remote control device configured to control the vehicle by permitting movement based on the vehicle location and one or more movement restrictions for the route area, the remote control device located off-board the vehicle; and a communication device configured to communicate the vehicle location to at least one of the vehicle or the remote control device.
However, Kickbusch, in a similar field of endeavor of network planning systems, teaches a remote control device configured to control the vehicle by permitting movement based on the vehicle location (Kickbusch, ¶[0091]; remedial actions can be implemented by communicating an output signal from the planner system 110 (shown in FIG. 1) to the first vehicle 104a (shown in FIG. 3) that directs the first vehicle 104a … communicating an output signal from the planner system 110 to the first vehicle 104a that … delays the scheduled arrival time of the first vehicle 104a such that the first vehicle 104a slows down as the first vehicle 104a travels to the destination location) and one or more movement restrictions for the route area (Kickbusch, ¶[0092]; communicating output signals from the planner system 110 to the vehicles 104a, 104b, 104c that directs the vehicles 104a, 104b, 104c to change the paths taken by the vehicles 104a, 104b, 104c to avoid traveling over the damaged section 900 of the route 102), the remote control device located off-board the vehicle (Kickbusch, ¶[0036]; shown in FIG. 1, the planner system 110 can be disposed off-board (e.g., outside) the vehicles 104); and
a communication device configured to communicate the vehicle location to at20 least one of the vehicle or the remote control device (Kickbusch, ¶[0091]; communicating an output signal from the planner system 110 (i.e., off-board device) to the first vehicle 104a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a remote control device as taught by Kickbusch to the invention of Chung. The motivation to do so would be in order to control or change movements of the vehicles and actual travel of a plurality of vehicles, responsive to the changes in transportation network.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for full citations.
Lv, et al, (2019), teaches LiDAR-enhanced connected infrastructures that can actively sense the high-resolution status of surrounding traffic participants with roadside LiDAR sensors and broadcast connected-vehicle messages through DSRC roadside units.
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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/CHANDHANA PEDAPATI/Examiner, Art Unit 2669 /CHAN S PARK/Supervisory Patent Examiner, Art Unit 2669