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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed on 01/13/2025 has been acknowledged
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202110303026, filed on 03/22/2021.
Status of Application
Claims 1-5, 8-15, and 19-25 were pending.
Claims 1, 11, and 19 are the independent claims.
Claims 1, 10-11, and 19 have been amended.
Claims 8 and 24 are cancelled.
Claims 26-27 are new.
Thus, claims 1-5, 9-15, 19-23, and 25-27 are pending.
This Office Action is in response to the “Amendments and Remarks” received on 12/22/2025.
Claim Objections
Claims 1 and 19 are objected to because of the following informalities: the office believes that “second time point is when there is a map element information” should be written as “second time point is when there is a map element change” based on claim 11. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-5, 9-15, 19-23 and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over US-20210046941-A1 to Visintainer et al (“Visintainer”) in view of US-20180061230-A1 to Madigan et al (“Madigan”).
Regarding claim 1, Visintainer teaches an apparatus (Visintainer Fig. 2) comprising:
obtain historical information and real-time status information of a road (Visintainer Fig. 2 and [0037] “specific and temporary road events” and [0040] “number of lanes”);
process and analyze the historical information and the real-time status information to obtain a time attribute of a map element, wherein the map element comprises a node-level map element, a road-level map element, or a lane-level map element (Visintainer [0037] “message to warn motor-vehicles of specific and temporary road events, such as, for example, presence of ice on the road, presence of emergency vehicles, i.e., ambulances, presence of men at work on the road. The message indicates the type of event with the respective reference position and the corresponding time validity” and [0039] “time of change of the following traffic light phases”)
generate, based on the historical information and the real-time status information, a first map message comprising map element information describing the map element and comprising the time attribute, wherein the map element information comprises node-level map element information, road-level map element information, or lane-level map element information change (Visintainer [0037] “message to warn motor-vehicles of specific and temporary road events, such as, for example, presence of ice on the road, presence of emergency vehicles, i.e., ambulances, presence of men at work on the road. The message indicates the type of event with the respective reference position and the corresponding time validity.” and [0040] “message to provide motor-vehicles with geographical information concerning the road. The message can describe the topology of road intersections or of specific road segments: geographical coordinates of the road segment or intersection, number of lanes, motor-vehicles allowed to use them, allowed driving direction. The message also contains geographical information describing the area of validity, which is what happens in case the extension of a restricted traffic area must be described.”);
send the first map message (Visintainer [0030] “Basic Safety Messages are safety messages transmitted by motor-vehicles to Nearby Motor-Vehicles”); and
send a second map message at a moment and in response to a change of the map element, wherein the second map message comprises a changed version of the map element information or the time attribute, and wherein the moment is based on when the changed version changed (Visintainer [0032] “The transmission of Basic Safety Messages takes place according to two criteria: either periodically (Periodic Basic Safety Message Broadcast), every 100 ms, or upon occurrence of an event (Event-Driven Basic Safety Message Broadcast)” and [0073] “Indeed, whereas for the road events, elements, and signs some dozens of messages per second may be expected, for the Remote Motor-Vehicles one or two orders of magnitude may be expected (100 or even 1000 communicating motor-vehicles), depending on how heavy the traffic is.”).
Visintainer does not teach at least one memory configured to store instructions; and at least one processor coupled to the at least one memory and configured to execute the instructions to cause the apparatus:
obtain historical information and real-time status information of a road from a sensing device,
send the first map message to prompt a vehicle to plan a navigation route based on the map element information and the time attribute and to guide the vehicle based on the navigation route;
Visintainer also does not explicitly state to process and analyze the historical information and the real-time status information to obtain a time attribute of a map element, wherein when the time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information, and
However, Madigan teaches (underlined is what Visintainer doesn’t teach) an apparatus comprising (Madigan Fig. 1):
at least one memory configured to store instructions; and at least one processor coupled to the at least one memory and configured to execute the instructions to cause the apparatus to (Madigan [0031]):
obtain historical information and real-time status information of a road from a sensing device (Madigan [0054] “The event data source 145 may also generate and/or store information for unplanned or other ad hoc events. For example, the event data source 145 may generate or store data for a car crash that occurred at an intersection or other segment of road, which may have been detected using one or more of the sensors 118, 119, 132, or 122 described above. The event data source 145 may generate or store data indicating a large number of pedestrians at, for example, an intersection. The large number of pedestrians may be detected using, for example, signals from the pedestrian's mobile devices 130, traffic cameras 120C at the intersection, audio sensors at the intersection, or any other sensors described herein. The event data source 145 may generate or store other types of events, such as an AMBER alert or other wireless emergency alert information (e.g., information describing the child, the last known location, the time, etc.).”);
process and analyze the historical information and the real-time status information to obtain a time attribute of a map element (Madigan Fig. 3B), wherein
when the time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information (Madigan [0053] – [0054] “The system 100 may comprise one or more event data sources 145. The event data source 145 may store event information for a building 125, as described above. The event data source 145 may generally store event information from one or more calendars (e.g., electronic calendars), such as the event's start time, end time, duration, location” and [0088] “For example, the computing device may determine that the traffic device switched from a red light to a green light. In step 340, the computing device may also determine a time that the status of the traffic device changes (e.g., one or more traffic signals of the traffic device switched from the red light to the green light).”), and
wherein the map element comprises a node-level map element, a road-level map element, or a lane-level map element (Madigan [0054] – [0055] and [0088] “traffic signals”);
generate, based on the historical information and the real-time status information, a first map message comprising map element information describing the map element and comprising the time attribute, wherein the map element information comprises node-level map element information, road-level map element information, or lane-level map element information change (Madigan [0053] – [0054] “The system 100 may comprise one or more event data sources 145. The event data source 145 may store event information for a building 125, as described above. The event data source 145 may generally store event information from one or more calendars (e.g., electronic calendars), such as the event's start time, end time, duration, location” and [0088] “For example, the computing device may determine that the traffic device switched from a red light to a green light. In step 340, the computing device may also determine a time that the status of the traffic device changes (e.g., one or more traffic signals of the traffic device switched from the red light to the green light).”);
send the first map message (Madigan [0051] “traffic device 120A may also comprise a transceiver 124 for transmitting and receiving data” and [0088] “a traffic device, which may comprise one or more traffic signals, may transmit, via its transceiver and to a vehicle and infrastructure computing device, information indicative of a status of the one or more traffic signals”) to prompt a vehicle to plan a navigation route based on the map element information and the time attribute and to guide the vehicle (Madigan [0104] – [0105]) based on the navigation route (Madigan [0099] – [0107] “may generate one or more recommended driving routes (e.g., navigation routes) in response to receiving sensor or other data. For example, the computing device may generate navigation routes based on intersection risk scores, risk scores for one or more other segments of road, and/or insurance cost data…. Intersection route risk scores may be based on one or more static factors and/or one or more dynamic factors. Static factors may include, for example, past accident information and the like. Dynamic factors may include, for example, information regarding the risk level of other vehicles on the road, the time of day, the current weather, etc. If there is an accident at an intersection, the risk score of the intersection may increase. In some instances, the risk score may increase significantly over a short period of time, such as if the accident at the intersection has not cleared.”); and
send a second map message at a moment and in response to a change of the map element, wherein the second map message comprises a changed version of the map element information or the time attribute, and wherein the moment is based on when the changed version changed (Madigan [0107] “Dynamic factors may include, for example, information regarding the risk level of other vehicles on the road, the time of day, the current weather, etc. If there is an accident at an intersection, the risk score of the intersection may increase. In some instances, the risk score may increase significantly over a short period of time, such as if the accident at the intersection has not cleared”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Visintainer to incorporate the teachings of Madigan such that the apparatus contains at least one memory, configured to store instructions; and at least one processor coupled to the at least one memory and configured to execute the instructions to cause the apparatus:
to process and analyze the historical information and the real-time status information to obtain a time attribute of a map element, wherein when the time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information, and
send the first map message to prompt a vehicle to plan a navigation route based on the map element information and the time attribute and to guide the vehicle based on the navigation route.
Doing so would ensure that the system can inform individuals to avoid unsafe road conditions and to generate driving routes in response to data (Madigan [0002] and [0099]).
Regarding claim 2, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 1. Madigan further discloses that when the time attribute indicates a valid period of the map element information, the time attribute comprises a confidence of the valid period, a valid start time of the map element information, a valid end time of the map element information, or a valid duration of the map element information (Madigan [0053] – [0054] “The system 100 may comprise one or more event data sources 145. The event data source 145 may store event information for a building 125, as described above. The event data source 145 may generally store event information from one or more calendars (e.g., electronic calendars), such as the event's start time, end time, duration, location” and [0088] “For example, the computing device may determine that the traffic device switched from a red light to a green light. In step 340, the computing device may also determine a time that the status of the traffic device changes (e.g., one or more traffic signals of the traffic device switched from the red light to the green light).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Madigan to Visintainer as modified by Madigan such that when the time attribute indicates a valid period of the map element information, the time attribute comprises a confidence of the valid period, a valid start time of the map element information, a valid end time of the map element information, or a valid duration of the map element information. Doing so would ensure that the system can inform individuals to avoid unsafe road conditions and to generate driving routes in response to data (Madigan [0002] and [0099]).
Regarding claim 3, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 2. Visintainer further discloses that the valid duration is based on a timestamp indicated by a MinuteOftheYear field in the first map message (Visintainer [0037] & [0039]).
Regarding claim 4, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 2. Visintainer further discloses that the time attribute is null when the map element information is permanently valid (Visintainer [0040] discusses permanent road conditions and does not include time).
Regarding claim 5, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 1. Visintainer further discloses that when the time attribute indicates that, within each time period of a plurality of time periods, the map element information corresponding to the time period remains unchanged, the time attribute further indicates a confidence of each of the time periods or two groups of the map element information respectively corresponding to two adjacent time periods in the time periods are different (Visintainer [0045], [0096], [0098], and [0100] history implies that the information being used is unchanged).
Regarding claim 9, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 1. Visintainer further discloses that the at least one processor is further configured to execute the instructions to cause the apparatus to further send the first map message in a broadcast mode, a multicast mode, or a unicast mode (Visintainer [0031] & [0032]).
Regarding claim 10, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 1. Visintainer further discloses that the at least one processor is further configured to execute the instructions to cause the apparatus to further send the first map message by periodically sending the first map message or to further send the second map message by periodically sending the second map message (Visintainer [0032] & [0072]).
Regarding claim 11, Visintainer teaches an apparatus comprising (Visintainer Fig. 2):
receive a first map message (Visintainer Abstract “The advanced driver assistance system is further configured to receive V2V messages transmitted by V2V communications systems of Remote Motor-Vehicles”) comprising map element information describing a map element and comprising a time attribute of the map element information (Visintainer [0037] “message to warn motor-vehicles of specific and temporary road events, such as, for example, presence of ice on the road, presence of emergency vehicles, i.e., ambulances, presence of men at work on the road. The message indicates the type of event with the respective reference position and the corresponding time validity” and [0039] “time of change of the following traffic light phases”),
wherein the map element information comprises node-level map element information, road-level map element information, or lane-level map element information (Visintainer [0037] “message to warn motor-vehicles of specific and temporary road events, such as, for example, presence of ice on the road, presence of emergency vehicles, i.e., ambulances, presence of men at work on the road. The message indicates the type of event with the respective reference position and the corresponding time validity” and [0039] “time of change of the following traffic light phases”),
wherein the map element comprises a node-level map element, a road-level map element, or a lane-level map element (Visintainer [0037] “message to warn motor-vehicles of specific and temporary road events, such as, for example, presence of ice on the road, presence of emergency vehicles, i.e., ambulances, presence of men at work on the road. The message indicates the type of event with the respective reference position and the corresponding time validity” and [0039] “time of change of the following traffic light phases”),
wherein the time attribute is based on historical information and real-time status information of a road (Visintainer Fig. 2 and [0037] “specific and temporary road events” and [0040] “number of lanes”), and
obtain the map element information and the time attribute from the first map message (Visintainer [0037] “message to warn motor-vehicles of specific and temporary road events, such as, for example, presence of ice on the road, presence of emergency vehicles, i.e., ambulances, presence of men at work on the road. The message indicates the type of event with the respective reference position and the corresponding time validity” and [0039] “time of change of the following traffic light phases”); and
receive a second map message at a moment and in response to a change of the map element, wherein the second map message comprises a changed version of the map element information or the time attribute, and wherein the moment is based on when the changed version changed Visintainer [0032] “The transmission of Basic Safety Messages takes place according to two criteria: either periodically (Periodic Basic Safety Message Broadcast), every 100 ms, or upon occurrence of an event (Event-Driven Basic Safety Message Broadcast)” and [0073] “Indeed, whereas for the road events, elements, and signs some dozens of messages per second may be expected, for the Remote Motor-Vehicles one or two orders of magnitude may be expected (100 or even 1000 communicating motor-vehicles), depending on how heavy the traffic is.”).
Visintainer does not explicitly teach at least one memory configured to store instructions; and at least one processor coupled to the at least one memory and configured to execute the instructions to cause the apparatus to:
plan a navigation route based on the map element information and the time attribute; and guide a vehicle based on the navigation route
wherein the time attribute is based on historical information and real-time status information of a road from a sensing device
Visintainer also does not explicitly state receive a first map message comprising map element information describing a map element and comprising a time attribute of the map element information, wherein when the time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information change;
However, Madigan teaches (underlined is what Visintainer doesn’t teach) an apparatus comprising (Madigan Fig. 1):
at least one memory configured to store instructions; and at least one processor coupled to the at least one memory and configured to execute the instructions to cause the apparatus to (Madigan [0031]):
receive (Madigan Fig. 1) a first map message comprising map element information describing a map element and comprising a time attribute of the map element information (Madigan Fig. 3B and [0054] – [0055] and [0088] “traffic signals”),
wherein the time attribute is based on historical information and real-time status information of a road from a sensing device (Madigan [0054] “The event data source 145 may also generate and/or store information for unplanned or other ad hoc events. For example, the event data source 145 may generate or store data for a car crash that occurred at an intersection or other segment of road, which may have been detected using one or more of the sensors 118, 119, 132, or 122 described above. The event data source 145 may generate or store data indicating a large number of pedestrians at, for example, an intersection. The large number of pedestrians may be detected using, for example, signals from the pedestrian's mobile devices 130, traffic cameras 120C at the intersection, audio sensors at the intersection, or any other sensors described herein. The event data source 145 may generate or store other types of events, such as an AMBER alert or other wireless emergency alert information (e.g., information describing the child, the last known location, the time, etc.).”);
wherein when the time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information change (Madigan [0053] – [0054] “The system 100 may comprise one or more event data sources 145. The event data source 145 may store event information for a building 125, as described above. The event data source 145 may generally store event information from one or more calendars (e.g., electronic calendars), such as the event's start time, end time, duration, location” and [0088] “For example, the computing device may determine that the traffic device switched from a red light to a green light. In step 340, the computing device may also determine a time that the status of the traffic device changes (e.g., one or more traffic signals of the traffic device switched from the red light to the green light).”);
plan a navigation route based on the map element information and the time attribute (Madigan [0104] – [0105]); guide a vehicle based on the navigation route (Madigan [0099] – [0107] “may generate one or more recommended driving routes (e.g., navigation routes) in response to receiving sensor or other data. For example, the computing device may generate navigation routes based on intersection risk scores, risk scores for one or more other segments of road, and/or insurance cost data…. Intersection route risk scores may be based on one or more static factors and/or one or more dynamic factors. Static factors may include, for example, past accident information and the like. Dynamic factors may include, for example, information regarding the risk level of other vehicles on the road, the time of day, the current weather, etc. If there is an accident at an intersection, the risk score of the intersection may increase. In some instances, the risk score may increase significantly over a short period of time, such as if the accident at the intersection has not cleared.”); and
receive (Madigan Fig. 1) a second map message at a moment and in response to a change of the map element, wherein the second map message comprises a changed version of the map element information or the time attribute, and wherein the moment is based on when the changed version changed (Madigan [0107] “Dynamic factors may include, for example, information regarding the risk level of other vehicles on the road, the time of day, the current weather, etc. If there is an accident at an intersection, the risk score of the intersection may increase. In some instances, the risk score may increase significantly over a short period of time, such as if the accident at the intersection has not cleared”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Visintainer to incorporate the teachings of Madigan such that the apparatus contains at least one memory, configured to store instructions; and at least one processor coupled to the at least one memory and configured to execute the instructions to cause the apparatus to:
receive a first map message comprising map element information describing a map element and comprising a time attribute of the map element information, wherein when the time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information change;
plan a navigation route based on the map element information and the time attribute; and guide a vehicle based on the navigation route
Doing so would ensure that the system can inform individuals to avoid unsafe road conditions and to generate driving routes in response to data (Madigan [0002] and [0099]).
Regarding claim 12, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 11. Claim 12 also recites analogous limitations to claim 2, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 13, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 12. Claim 13 also recites analogous limitations to claim 3, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 14, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 12. Claim 14 also recites analogous limitations to claim 4, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 15, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 11. Claim 15 also recites analogous limitations to claim 5, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Claim 19 recites analogous limitations to claim 1, which was disclosed by Visintainer as modified by Madigan shown above, and is therefore rejected on the same premise.
Regarding claim 20, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 19. Claim 20 also recites analogous limitations to claim 2, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 21, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 20. Claim 21 also recites analogous limitations to claim 3, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 22, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 20. Claim 22 also recites analogous limitations to claim 4, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 23, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 19. Claim 23 also recites analogous limitations to claim 5, which was disclosed by Visintainer as above, and is therefore rejected on the same premise.
Regarding claim 25, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 1. Visintainer further discloses that the sensing device is a camera or a radar (Visintainer [0006]).
Regarding claim 26, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 19. Visintainer further discloses that the instructions, when executed by the at least one processor, further cause the apparatus to further send the first map message in a broadcast mode, a multicast mode, or a unicast mode (Visintainer [0032] “Periodic Basic Safety Message Broadcast”).
Regarding claim 27, Visintainer as modified by Madigan teach all of the elements of the current invention in claim 19. Visintainer further discloses that the instructions, when executed by the at least one processor, further cause the apparatus to further send the first map message by periodically sending the first map message or to further send the second map message by periodically sending the second map message (Visintainer [0032] and [0072] “target selection process is carried out periodically, for example every 100 ms, which is a reasonable amount of time for the frequency of transmission of the Basic Safety Messages,”).
Response to Arguments/Remarks
With respect to Applicant’s remarks filed on 12/22/2025; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the claim rejections under 35 U.S.C. § 101, applicants “Amendment and Remarks” have been fully considered.
With respect to the claim rejections under 35 U.S.C. § 103, applicants “Amendment and Remarks” have been fully considered. Applicant has amended the independent claim and these amendments have changed the scope of the original application and the Office has supplied new grounds for rejection attached below in the office action and therefore the prior arguments are considered moot.
However, even though applicant has amended the scope of the claims and the Office has provided new mapping of cited prior art below, the Office is still using the same cited prior art, thus the Office will attempt to address all remarks that remain relevant
Applicant remarks:
First, claim 1 requires processing and analyze the historical information and the real-time status information to obtain a time attribute of a map element. Claim 19 requires a similar limitation. The Final Office Action asserts paragraphs 36 and 40 of Visintainer disclose the claimed historical information and real-time status information and asserts paragraphs 37 and 39 of Visintainer disclose the claimed time attribute. Final Office Action, at 7-8. Specifically, the Final Office Action appears to equate Visintainer's time validity to the claimed time attribute. See id. at 8. The Advisory Action likewise appears to equate Visintainer's time validity to the claimed time attribute. Advisory Action, at 4. The Final Office Action and the Advisory Action do not specify what in Visintainer they equate to the claimed historical information and real-time status information. See Final Office Action, at 7-9; Advisory Action, at 4. While Visintainer's road side alert (RSA) message and signal phase and timing message (SPAT) indicate time validities of an event, Visintainer does not specify how the time validities are obtained: Visintainer, 11 36-37 and 39-40 (emphases added). As shown, Visintainer's RSA message and SPAT indicate time validities of an event. However, Visintainer does not specify how the time validities are obtained. Nowhere does Visintainer disclose that it obtains the time validities by processing and analyze the historical information and the real-time status information. Madigan fails to remedy that deficiency.
Visintainer's time validity does not comprise a first time point when a map element information valid period starts and a second time point when there is a map element information change: Visintainer, " 36-37 (emphases added). As shown, even though the Final Office Action infers Visintainer's time validity comprises a first time point when a map element information valid period starts and a second time point when there is a map element information change, there is no support for such an inference. For instance, a time validity could refer to a specific time such as 10:00 pm, a duration of time such as 10 minutes, or something else. The Advisory Action does not address Applicant's argument. Instead, contrary to the requirements of the MPEP, the Advisory Action again asserts what may occur in Visintainer, not what is necessarily present. See MPEP § 2112(IV). For instance, the Advisory Action cites the example of ice in paragraphs 37 of Visintainer. However, Visintainer's messages are single messages that indicate time validities. A message indicating there is presently ice could not predict when the ice would be "no more." In addition, taking Applicant's previous example of a specific time, the time validity in the message could be merely 10:00 pm. Like the example in the Advisory Action, though, Applicant's example is merely speculation, demonstrating that one of ordinary skill in the art could not read the claim limitation from Visintainer. Thus, Visintainer fails to disclose that when a time attribute comprises status change time points comprising a first time point and a second time point, the first time point is when a map element information valid period starts and the second time point is when there is a map element information change. Madigan fails to remedy that deficiency.
Third, claim 1 requires sending a second map message at a moment and in response to a change of the map element, wherein the second map message comprises a changed version of the map element information or the time attribute, and wherein the moment is based on when the changed version changed. Claim 19 requires the same limitations. The Final Office Action asserts paragraphs 96 and 100 of Visintainer disclose those limitations. Final Office Action, at 10. Specifically, the Final Office Action asserts "Visintainer [0096] & [0100] show that more than one map message can be sent." Id. While Visintainer discloses multiple messages, Visintainer does not send a second map message at a moment and in response to a change of the map element: Visintainer, 11 96 and 100 (emphases added). As shown, Visintainer discloses multiple messages. However, Visintainer does not send a second map message at a moment and in response to a change of the map element. In addition, as shown above, Visintainer fails to disclose the claimed time attribute. Thus, Visintainer fails to disclose sending a second map message at a moment and in response to a change of the map element, wherein the second map message comprises a changed version of the map element information or the time attribute, and wherein the moment is based on when the changed version changed. Madigan fails to remedy that deficiency. Consequently, the combination of Visintainer and Madigan fails to disclose each element of claims 1 and 19, and thus fails to render obvious claims 1-5, 9-10, 19-23, and 25.
Office’s response:
Visintainer has been remapped to better clarify what is equated to the claimed historical information and real-time status information. Topology of road intersections or of specific road segments and number of lanes corresponds to historical information, while specific and temporary road events correspond to real-time status information. It is obvious to one of ordinary skill in the art that in order to calculate the corresponding time validity of a road event, the historical information and real-time status information of the event must be analyzed. Additionally, Madigan is also remapped above to disclose this limitation.
By definition, time validity is the time period when an event happened or something was true in the real world, and nowhere in Visintainer does it say that time validity is something else. It cannot be a specific time point based on that definition. Therefore, Visintainer’s message that indicates time validities of a road event would contain a time period of when that event happened or if something was still true, which would include two time points, one for when it starts and one for when it ends (map element information change). The office therefore respectfully disagrees that this is inferred, and not what is present (“the type of event with the respective reference position and the corresponding time validity.”). The office also respectfully disagrees that a message could not predict when the ice would be “no more”, given real-time data of that event. To further advance prosecution, Madigan is also remapped to show this limitation.
Please see the new mapping of Visintainer and Madigan. Specifically, Visintainer discloses sending a new message upon occurrence of an event (when there is a changed version of the map element information or the time attribute). Madigan also discloses dynamically changing data and updating data transmissions to the computing device and map. It should also be noted that “moment is based on when the changed version changed” is incredibly broad, and is being interpreted as any time during or after the map element change occurred.
It is the Office’s stance that all of applicant arguments have been considered and the rejections remain. Applicant further argues that the other independent claims which recite similar features are allowable and the dependent claims are also allowable since they depend on allowable subject and the Office respectfully disagrees. It is the Office's stance that all of the claimed subject matter has been properly rejected; therefore the Office's respectfully disagrees with applicant' s arguments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON TOAN NGUYEN whose telephone number is (571)272-6163. The examiner can normally be reached M-T: 8-5:30 F1:8-12 F2: Off.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Browne can be reached on 571-270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.N./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666