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 .
Status of Claims
This Office Action is in response to the amendment filed on December 9, 2025. Claims 11 and 17 have been cancelled. Claims 1-10, 12-16 and 18-20 are pending. Claims 1, 12 and 18 are independent.
Response to Arguments
Applicants’ arguments have been fully considered and persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10, 12-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2019/0340921 to Ran et al. (hereinafter “Ran”).
Claims 1-10, 12-16 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ran.
With respect to independent claims 1, 12 and 18, Ran discloses an electronic control unit (ECU) disposed at a vehicle equipped with the vehicular driving assistance system, wherein the ECU comprises electronic circuitry and associated software (see paragraph [0019]: a vehicle sub-system comprises one or more modules for: a) vehicle-control; b) traffic detection and data collection; c) wireless communication; and d) data collection and communication.);
wherein the electronic circuitry of the ECU comprises a data processor configured to process sensor data captured by a sensor disposed at the vehicle (see paragraphs [0018] and [0139]: a data processing module that provides vehicle-specific measurements, including but not limited to speed, headway, acceleration/deceleration rate, the distance between carriageway markings and vehicles, angle of vehicles and central lines. OBU (On-Board Unit with sensor and V2I communication units) network is embedded in connected and automated vehicles 307.);
wherein the vehicular driving assistance system is operable to at least partially control operation of the vehicle as the vehicle travels along a road (see paragraphs [0107] and [0135]: RSU subsystem 102 screens and catalogues the operation instructions and sends the instructions 108 to each vehicle (e.g. advised speed, guidance information). The Vehicle subsystem 103 fulfills the Vehicle Maneuver tasks, and monitors the Safety Maintenance tasks in addition to the operation of the TCC/TCU 101+RSU 102. In the “Control” level, the TCC/TCU 101+RSU 102 subsystems provide data needs for the Information Exchange tasks. At the same time, the vehicle subsystem 103 fulfills Vehicle Control tasks, at the mechanic level, and monitors the surroundings, standing-by as the backup system.);
wherein, as the vehicle travels along the road, the vehicular driving assistance system wirelessly receives signals from a plurality of communication devices (see paragraphs [0005] and [0006]: a network of Road Side Units (RSUs), that receive data flow from connected vehicles, detect traffic conditions, and send targeted instructions to vehicles. A communication link with network of Road Side Units (RSUs), which receive data flow from connected vehicles, detect traffic conditions, and send targeted instructions to vehicles, wherein said RSU network focuses on data sensing, data processing, control signal delivery, and information distribution, and said point or segment TCU can be combined or integrated with a RSU; and a vehicle sub-system, configured to receive detailed and time-sensitive control instructions for vehicle following, lane changing, route guidance, and related information.), and
wherein each communication device of the plurality of communication devices is (i) disposed at a respective geographic location along the road and (ii) associated with a respective road element of the road (see paragraph [0057]: 303 - Corridor Traffic Control Center: Automatic or semi-automated computational center covering a corridor with connecting roads and ramps traffic control that focus on corridor data gathering, processing, traffic entering and exiting control, and dynamic traffic guidance on freeway. 304—Segment Traffic Control Center: Automatic or semi-automated computational center covering a short road segment Traffic control that focus on segment data gathering, processing and local traffic control. 305—Point Traffic Control Unit: covering a small freeway area, ramp metering, or intersections that focus on data gathering, traffic signals control, and vehicle requests processing. 306—Road Side Unit: receive data flow from connected vehicles, detect traffic conditions, and send targeted instructions to vehicles. The RSU network focuses on data sensing, data processing, and control signal delivery.);
wherein each communication device of the plurality of communication devices comprises a wireless transmitter that is operable to wirelessly transmit a respective signal to the vehicle when the vehicle is within a threshold range of the wireless transmitter (see paragraph [0107]: RSU subsystem 102 is a network of Roadside Units, which process traffic detection, communication, control instructions, and emissions. Vehicle subsystem 103 is a mixed traffic flow of vehicles at different levels of connectivity and automation, which send static, dynamic information and requests of vehicles to RSU subsystem 102, and receive instructions from RSU subsystem.);
wherein the vehicular driving assistance system, responsive to receiving respective signals transmitted from the plurality of communication devices, determines road information based on at least one selected from the group consisting of (i) the respective geographic locations of respective communication devices and (ii) the respective road elements associated with respective communication devices (see paragraph [0017]: the Point TCU: provides vehicle based control instructions to RSUs; collects related data from point RSUs; provides optimizer and processor modules to process information and provide control targets; and provides a smaller traffic control unit covering a short distance of a roadway (e.g., 50 meters), ramp metering, or intersections, which are installed for every ramp or intersection; and is connected with a number of RSU units, e.g., ten units (e.g., 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15, 20, etc.).);
wherein, as the vehicle travels along the road, the vehicular driving assistance system receives a first signal transmitted from a first communication device of the plurality of communication devices, and wherein the first communication device is associated with a first road element comprising a lane boundary of a traffic lane of the road (see paragraph [0018]: a data processing module that provides vehicle-specific measurements, including but not limited to speed, headway, acceleration/deceleration rate, the distance between carriageway markings and vehicles, angle of vehicles and central lines, and overall traffic status);
wherein the vehicular driving assistance system, responsive to receiving the first signal transmitted from the first communication device, determines first road information comprising a position of the vehicle relative to the lane boundary (see paragraph [0151]: The data processing module (5) uses data fusion technology to obtain six major feature parameters, namely speed, headway, acceleration/deceleration rates, the distance between carriageway markings and vehicles, angle of vehicles and central lines, and overall traffic status.);
wherein, as the vehicle travels along the road, the vehicular driving assistance system receives a second signal transmitted from a second communication device of the plurality of communication devices, and wherein the second communication device is associated with a second road element of the road (see paragraphs [0018] and [0107]: a communication module that sends vehicle-specific driving instructions to vehicles; an interface module that shows data that is sent to an OBU system; and a power supply unit. RSU subsystem 102 screens and catalogues the operation instructions and sends the instructions 108 to each vehicle (e.g. advised speed, guidance information). Communication subsystem 104 is a wireless communication and security system with local and global connectivity, providing wired and wireless communication services to all the entities in the systems.);
wherein the vehicular driving assistance system, responsive to receiving the second signal transmitted from the second communication device, determines second road information different from the first road information (see paragraph [0137]: . The Vehicle Subsystem 103, together with the TCC/TCU 101 and RSU 102 Subsystem, takes over all the driving tasks among the three performance levels. The sensing and communication technology is used both by Vehicle Subsystem 103 and the TCC/TCU 101 and RSU 102 Subsystem to support the present system. The sensing serves in the level of both “Control” and “Guidance” while the communication serves in the “Navigation” and “Guidance” Levels.);
wherein, as the vehicle travels along the road, the vehicular driving assistance system at least partially controls operation of the vehicle based at least in part on (i) processing at the ECU of sensor data captured by the sensor and (ii) the determined first road information and the determined second road information (see paragraphs [0018], [0020] and [0022]: the RSUs comprise one or more or all of: a sensing module that gathers traffic and related information; a data processing module that provides vehicle-specific measurements, including but not limited to speed, headway, acceleration/deceleration rate, the distance between carriageway markings and vehicles, angle of vehicles and central lines, and overall traffic status; a communication module that sends information between vehicles and upper level point TCU. Fulfilling vehicle control tasks, at the mechanic level, and monitoring surroundings, and standing-by as a backup system; providing vehicles with driving-critical information, some of which are difficult and expensive for vehicle-based sensors to obtain in a constantly reliable way. The system is configured to redistribute essential vehicle driving tasks among vehicles comprising one or more or all of: providing instructions needed for navigation tasks to the vehicles; providing instructions and information for guidance tasks of: safety maintenance, traffic control/road condition, and special information. The vehicle identification and tracking functions operate on any or any combination of: CV security certificate; on Board Unit (OBU) ID; mobile device ID; DGPS (differential GPS); vision sensors in combination with video recognition and object detection; and mobile LiDAR sensors.); and
wherein, as the vehicular driving assistance system at least partially controls operation of the vehicle as the vehicle travels along the road, and responsive to the captured sensor data being compromised, the vehicular driving assistance system (i) reduces reliance on processing at the ECU of sensor data captured by the sensor and (ii) increases reliance on the determined first road information and the determined second road information (see paragraph [0137]: the dual-security system provides a fail-safe mechanism. When one of the subsystems fails, the others ensure the entire system working properly.).
With respect to dependent claims 2 and 13, Ran discloses wherein the second road information comprises a position of the vehicle relative to the geographic location of the second communication device different from the geographic location of the first communication device (see paragraphs [0057] and [0252]: The control instructions set is sent to each targeted RSU in the RSU subsystem according to the RSU's location. A Corridor TCC collects data from multiple RSUs and optimizes the traffic in a corridor.).
With respect to dependent claims 3 and 14, Ran discloses wherein the second road element comprises a speed bump disposed along the road, and wherein the second road information comprises a position of the vehicle relative to the speed bump (see [0057]: A hierarchy of traffic control centers (TCCs) and traffic control units (TCUs), which process information and give traffic operations instructions. TCCs are automatic or semi-automated computational centers that focus on data gathering, information processing, network optimization, and traffic control signals for regions that are larger than a short road segment. TCUs (also referred to as point TCU) are smaller traffic control units with similar functions, but covering a small freeway area, ramp metering, or intersections.).
With respect to dependent claims 4 and 15, Ran discloses wherein the second road element comprises a road sign disposed along the road, and wherein the second road information comprises traffic instructions based on the road sign (see paragraphs [0057] and [0207]: Vehicle control instruction flow: Flow contains different control instructions to each vehicle (e.g. advised speed, guidance info) in the vehicle subsystem by RSU subsystem. The sensing algorithms of Mobileye use a technique called Supervised Learning, while their Driving Policy algorithms use Reinforcement Learning,).
With respect to dependent claim 5, Ran discloses wherein the road sign comprises one selected from the group consisting of (i) a stop sign, (ii) a speed limit sign, (iii) a merging lanes sign, (iv) a pedestrian crossing sign and (v) a construction zone sign (see paragraph [0206]: The Mobileye system has some basic functions: vehicle and pedestrian detection, traffic sign recognition, and lane markings identification.).
With respect to dependent claims 6 and 16, Ran discloses wherein the second road element comprises a traffic light disposed along the road, and wherein the second road information comprises a current traffic signal of the traffic light (see paragraph [0135]: Those driving tasks are essential for all vehicles to drive safely from origins to destinations, and (2) how those tasks are distributed into and covered by the Vehicle Subsystem 103 and TCC/TCU 101+RSU 102 subsystems. In the “Navigation” level, the TCC/TCU 101+RSU 102 subsystems provide the instructions to the vehicles, including the “Pre-trip information” and “Route planning” needed for vehicles. In the “Guidance” level, the TCC/TCU 101+RSU 102 subsystems provide the instructions and information for the Guidance tasks: Traffic Control/Road Condition, and Special Information. The Vehicle subsystem 103 fulfills the Vehicle Maneuver tasks, and monitors the Safety Maintenance tasks in addition to the operation of the TCC/TCU 101+RSU 102. In the “Control” level, the TCC/TCU 101+RSU 102 subsystems provide data needs for the Information Exchange tasks.).
With respect to dependent claims 7 and 19, Ran discloses wherein the vehicular driving assistance system, based on the respective signals received from the plurality of communication devices, determines the respective geographic locations of the respective communication devices (see paragraphs [0018] and [0138]: a communication module that sends vehicle-specific driving instructions to vehicles; an interface module that shows data that is sent to an OBU system. The Segment Traffic Control Unit (Segment TCU) 304, which is a local automatic or semi-automated control unit covering a short road segment traffic control that focus on segment data gathering, processing and local traffic control. Point Traffic Control Unit (Point TCU) 305, which is an automatic control unit covering a small freeway area, ramp metering, or intersections that focus on data gathering, traffic signals control, and vehicle requests processing.).
With respect to dependent claim 8, Ran discloses wherein the vehicular driving assistance system determines the respective geographic locations of the respective communication devices based on relative signal strengths of the signals received from the respective communication devices (see paragraph [0024]: wireless communication technologies, such as DSRC, Cellular 3G, 4G, 5G, Bluetooth).
With respect to dependent claims 9 and 20, Ran discloses wherein the respective signals from the plurality of communication devices identify the respective geographic locations of the respective communication devices (see paragraph [0057] and [0138]: The control instructions set is sent to each targeted RSU in the RSU subsystem according to the RSU's location. The network comprising RSUs 306 is the RSU subsystem 303, which focuses on data sensing, data processing, and control signal delivery. The connected and automated vehicles 307 is the basic element of vehicle subsystem 304, including vehicles at different levels of connectivity and automation. OBU (On-Board Unit with sensor and V2I communication units) network is embedded in connected and automated vehicles 307.).
With respect to dependent claim 10, Ran discloses wherein the respective signals from the plurality of communication devices identify the respective road elements associated with the respective communication devices. (see paragraphs [0017], [0022] and [0206]: the Point TCU: provides vehicle based control instructions to RSUs; collects related data from point RSUs; provides optimizer and processor modules to process information and provide control targets; and provides a smaller traffic control unit covering a short distance of a roadway (e.g., 50 meters), ramp metering, or intersections, which are installed for every ramp or intersection; and is connected with a number of RSU units, e.g., ten units (e.g., 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15, 20, etc.). The vehicle identification and tracking functions operate on any or any combination of: CV security certificate; on Board Unit (OBU) ID; mobile device ID; DGPS (differential GPS); vision sensors in combination with video recognition and object detection; and mobile LiDAR sensors. The Mobileye system has some basic functions: vehicle and pedestrian detection, traffic sign recognition, and lane markings identification (see e.g., barrier and guardrail detection.).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRA R SMITH-STEWART whose telephone number is (571)270-3965. The examiner can normally be reached 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Nolan can be reached at 571-270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEMETRA R SMITH-STEWART/Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661