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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 5-6, 9, 11-15, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (US 2020/0073405).
As to claim 1 Xu discloses a method comprising:
by operation of wireless circuits of a vehicle, wirelessly receiving event data, including an event location (Paragraph 24 “An infrastructure node can be equipped with sensors and computing devices to obtain data about a roadway in an area proximate to the infrastructure node. For example, the data can include data about a road surface, such as presence of potholes, bumps, debris, slippery areas, a road bank, a road grade, etc. The node can include the data on a map or the like specifying locations in the area proximate to the infrastructure node. For each specified location, the map can further specify one or more physical values, e.g., representing road surface conditions. A vehicle traveling in the area proximate to the infrastructure node can receive the map, and can include data from the map as input to a vehicle computer's determination of a planned path for the vehicle.”);
by operation of processing circuits of the vehicle, determining when the vehicle is within a predetermined proximity of the event location (Paragraph 67 “Next, in a block 410, the computer 110 locates the vehicle 105 on the received map. That is, the map typically specifies physical values describing physical features or objects 150, 155, 160 with respect to a coordinate system such as a geo-coordinate system, and the vehicle computer 110 typically receives data, e.g., GPS data or the like, to locate itself with respect to such coordinate system. Such physical values can be used, as described above and below, in determining a vehicle 105 path and/or maneuvers.”);
in response to the vehicle being within proximity of the event location, automatically adjusting at least one system of the vehicle according to at least the event data (Paragraph 71 “If the computer 110 determines to modify at least one control parameter or operational setting based on the road condition map, the process 400 proceeds to a block 425. Otherwise, the process 400 proceeds to a block 430.”); and
in response to the vehicle moving beyond the event location, returning the at least one system to a previous data or readjusting the at least one system (Paragraph 74-75 “Following the block 435, the process 400 ends”); wherein
the event data includes vehicle settings (Paragraph 59 “Equations (4) and 5) relate to vehicle heading and lateral offset, respectively, for example, a vehicle computer 110 could determine changes to vehicle heading and lateral offset to avoid a pothole 160p. These constraints could likewise be empirically developed, and stored in the computer 110. Constraints on heading and/or lateral offset could be modified based on a road condition map reporting an object 160 such as the pothole 160p. Other constraints could also be modified, e.g., if a pothole 160p was not so deep as to warrant driving around it, vehicle 105 speed constraints could be adjusted to slow the vehicle as it drove over or through the pothole 160p.”); and
automatically adjusting the at least one system of the vehicle in response to the vehicle settings (Paragraph 59 “Equations (4) and 5) relate to vehicle heading and lateral offset, respectively, for example, a vehicle computer 110 could determine changes to vehicle heading and lateral offset to avoid a pothole 160p. These constraints could likewise be empirically developed, and stored in the computer 110. Constraints on heading and/or lateral offset could be modified based on a road condition map reporting an object 160 such as the pothole 160p. Other constraints could also be modified, e.g., if a pothole 160p was not so deep as to warrant driving around it, vehicle 105 speed constraints could be adjusted to slow the vehicle as it drove over or through the pothole 160p.”).
As to claim 2 Xu discloses a method wherein:
the event data includes an event type(Paragraph 45); and
determining when the vehicle is within proximity of the event location includes establishing proximity in response to any selected from the group of: the event type, map data, and vehicle state data(Paragraph 45).
As to claim 3 Xu discloses a method wherein the at least one system of the vehicle is selected from the group of: a wheel anti-slip system, anti-lock brake system, vehicle speed control system, and a vehicle sensor system (Paragraph 74).
As to claim 6 Xu discloses a method further including:
the event data includes an event type (Paragraph 45);
generating vehicle settings in response to at least the event type(Paragraph 71).; and
automatically adjusting the at least one system of the vehicle in response to the vehicle settings(Paragraph 72-74).
As to claim 9 Xu discloses a device comprising:
processing circuits configured to
receive event data from wireless circuits, including an event location(Paragraph 24 “An infrastructure node can be equipped with sensors and computing devices to obtain data about a roadway in an area proximate to the infrastructure node. For example, the data can include data about a road surface, such as presence of potholes, bumps, debris, slippery areas, a road bank, a road grade, etc. The node can include the data on a map or the like specifying locations in the area proximate to the infrastructure node. For each specified location, the map can further specify one or more physical values, e.g., representing road surface conditions. A vehicle traveling in the area proximate to the infrastructure node can receive the map, and can include data from the map as input to a vehicle computer's determination of a planned path for the vehicle.”);,
determine when a vehicle is within a predetermined proximity of the event location (Paragraph 67 “Next, in a block 410, the computer 110 locates the vehicle 105 on the received map. That is, the map typically specifies physical values describing physical features or objects 150, 155, 160 with respect to a coordinate system such as a geo-coordinate system, and the vehicle computer 110 typically receives data, e.g., GPS data or the like, to locate itself with respect to such coordinate system. Such physical values can be used, as described above and below, in determining a vehicle 105 path and/or maneuvers.”);,
in response to being within proximity of the event location, generate vehicle settings particular to the event data, the vehicle settings configured to adjust the operation of at least one vehicle system(Paragraph 71 “If the computer 110 determines to modify at least one control parameter or operational setting based on the road condition map, the process 400 proceeds to a block 425. Otherwise, the process 400 proceeds to a block 430.”);, and
transmitting the vehicle settings over a device interface (Paragraph 74 “Next, in a block 435, the computer 110 provides control commands to vehicle actuators according to the determined path polynomial. For example, the vehicle computer 110 can send commands to actuators 120 and vehicle components 125 to control steering, brakes and a powertrain of the vehicle 105 based on the vehicle control settings specified in the path polynomial such as a longitudinal velocity U, a lateral velocity V, a yaw rate ω.sub.y, a heading direction Ø.sub.y, a lateral offset e, a rate of change of lateral velocity {dot over (V)}, a rate of change of yaw rate {dot over (ω)}.sub.y, a rate of change of heading direction {dot over (Ø)}.sub.y, and a rate of change of lateral offset ė. Optimal control commands to actuators 120 and components 125 can be provided according to known techniques for solving a constrained optimization problem.”);
wherein the vehicle settings are included in the event data(Paragraph 59 “Equations (4) and 5) relate to vehicle heading and lateral offset, respectively, for example, a vehicle computer 110 could determine changes to vehicle heading and lateral offset to avoid a pothole 160p. These constraints could likewise be empirically developed, and stored in the computer 110. Constraints on heading and/or lateral offset could be modified based on a road condition map reporting an object 160 such as the pothole 160p. Other constraints could also be modified, e.g., if a pothole 160p was not so deep as to warrant driving around it, vehicle 105 speed constraints could be adjusted to slow the vehicle as it drove over or through the pothole 160p.”).
As to claim 12 Xu discloses a device further including the device interface comprises a bus interface compatible with a vehicle bus selected from the group of: a CAN-type bus, media oriented systems transport (MOST), Flexray and Automotive Ethernet (Paragraph 52).
As to claim 13 Xu discloses a device wherein the device interface comprises wireless circuits compatible with a wireless standard selected from the group of: a Bluetooth standard, a Zigbee standard, and an IEEE 802.11 wireless standard (Paragraph 35).
As to claim 14 Xu discloses a system comprising:
a vehicle system that includes
wireless circuits configured to receive event data, including an event location(Paragraph 24 “An infrastructure node can be equipped with sensors and computing devices to obtain data about a roadway in an area proximate to the infrastructure node. For example, the data can include data about a road surface, such as presence of potholes, bumps, debris, slippery areas, a road bank, a road grade, etc. The node can include the data on a map or the like specifying locations in the area proximate to the infrastructure node. For each specified location, the map can further specify one or more physical values, e.g., representing road surface conditions. A vehicle traveling in the area proximate to the infrastructure node can receive the map, and can include data from the map as input to a vehicle computer's determination of a planned path for the vehicle.”);
processing circuits configured to
determine when a vehicle is within a predetermined proximity of the event location(Paragraph 67 “Next, in a block 410, the computer 110 locates the vehicle 105 on the received map. That is, the map typically specifies physical values describing physical features or objects 150, 155, 160 with respect to a coordinate system such as a geo-coordinate system, and the vehicle computer 110 typically receives data, e.g., GPS data or the like, to locate itself with respect to such coordinate system. Such physical values can be used, as described above and below, in determining a vehicle 105 path and/or maneuvers.”); and
in response to being within proximity of the event location, generate vehicle settings particular to the event data(Paragraph 71 “If the computer 110 determines to modify at least one control parameter or operational setting based on the road condition map, the process 400 proceeds to a block 425. Otherwise, the process 400 proceeds to a block 430.”); and
at least one vehicle system in communication with the processing circuits and configured to adjust its operation in response to the vehicle settings(Paragraph 71 “If the computer 110 determines to modify at least one control parameter or operational setting based on the road condition map, the process 400 proceeds to a block 425. Otherwise, the process 400 proceeds to a block 430.”); wherein
the vehicle setting are included in the event data (Paragraph 59 “Equations (4) and 5) relate to vehicle heading and lateral offset, respectively, for example, a vehicle computer 110 could determine changes to vehicle heading and lateral offset to avoid a pothole 160p. These constraints could likewise be empirically developed, and stored in the computer 110. Constraints on heading and/or lateral offset could be modified based on a road condition map reporting an object 160 such as the pothole 160p. Other constraints could also be modified, e.g., if a pothole 160p was not so deep as to warrant driving around it, vehicle 105 speed constraints could be adjusted to slow the vehicle as it drove over or through the pothole 160p.”)
As to claim 15 Xu discloses a system wherein:
the event data further includes an event identification and severity value(Paragraph 70); and
the processing circuits are further configured to generate different vehicle settings for event data having a same event identification but with different severity values(Paragraph 56).
As to claim 17 Xu discloses system wherein:
the event location comprises event global position system (GPS) data (Paragraph 67); and
the vehicle system further includes
GPS circuits configured to generate vehicle location data(Paragraph 67), and
the processing circuits are configured to determine when the vehicle is within the predetermined proximity using the event GPS data and vehicle location data(Paragraph 67).
As to claim 18 Xu discloses a system further including at least one remote computing system coupled to a wireless network and configured to generate and transmit the event data(Paragraph 25).
As to claim 19 Xu discloses a system further including:
at least one remote computing system configured to receive event reports from a plurality of other vehicles, determine the occurrence of an event from the event reports (Paragraph 25), and
generate the event data for the event using the event reports(Paragraph 25).
As to claim 20 Xu discloses a system further including: the vehicle system further includes
the event data comprising adverse event data and non-adverse event data; a user interface(Paragraph 63); and
the processing circuits are further configured to indicate road conditions corresponding to the non-adverse event data on the user interface(Paragraph 63).
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 4, 10, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (US 2020/0073405) in view of Kong (US 2023/0024275)
As to claim 4 Kong teaches a method further including, in response to the vehicle being within proximity of the event location, generating a warning for occupants of the vehicle (Paragraph 75). It would have been obvious to one of ordinary skill to modify Xu to include the teachings of alerting of an event location and a proximity to the event to notify the driver of an upcoming road surface condition.
As to claim 10 Kong teaches a device wherein:
the processing circuits are further configured to
in response to being within proximity of the event location, generating occupant warning data (Paragraph 75), and
transmitting the occupant warning data over the device interface(Paragraph 75).
As to claim 16 Kong teaches a system wherein:
the vehicle system further includes
a user interface(Paragraph 75),
the processing circuits are further configured to generate a warning via the user interface in response to being within proximity of the event location(Paragraph 75).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (US 2020/0073405) in view of Brinkmann (US 12,002,308)
As to claim 7 Brinkmann teaches a method further including after determining the vehicle has traversed the event, transmitting an event report by operation of the wireless circuits, the event report including data recorded by the vehicle (Column 5 lines 57-Column 6 lines 1-11). It would have been obvious to one of ordinary skill to modify Brinkmann to include the teachings of transmitting an event report for the purpose of storing the vehicle event data on an external computing system.
As to claim 8 Brinkmann teaches a method further including:
determining if the event occurred; and in response to determining that the event did not occur, transmitting a non-event report by operation of the wireless circuits(Column 7 lines 66-Column 8 lines 1-31)
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
On page 9 of the applicants arguments applicants argue that the citations do not disclose that the map includes “vehicle settings” and that the vehicle systems are modified in response to map data and not in response to vehicle settings.
The examiner respectfully disagrees with the applicants arguments. The applicant is reminded that the examiner interprets the claim with the broadest reasonable interpretation. Xu teaches the event data includes vehicle settings (Paragraph 59 “Equations (4) and 5) relate to vehicle heading and lateral offset, respectively, for example, a vehicle computer 110 could determine changes to vehicle heading and lateral offset to avoid a pothole 160p. These constraints could likewise be empirically developed, and stored in the computer 110. Constraints on heading and/or lateral offset could be modified based on a road condition map reporting an object 160 such as the pothole 160p. Other constraints could also be modified, e.g., if a pothole 160p was not so deep as to warrant driving around it, vehicle 105 speed constraints could be adjusted to slow the vehicle as it drove over or through the pothole 160p.”); and
Automatically adjusting the at least one system of the vehicle in response to the vehicle settings (Paragraph 59 “Equations (4) and 5) relate to vehicle heading and lateral offset, respectively, for example, a vehicle computer 110 could determine changes to vehicle heading and lateral offset to avoid a pothole 160p. These constraints could likewise be empirically developed, and stored in the computer 110. Constraints on heading and/or lateral offset could be modified based on a road condition map reporting an object 160 such as the pothole 160p. Other constraints could also be modified, e.g., if a pothole 160p was not so deep as to warrant driving around it, vehicle 105 speed constraints could be adjusted to slow the vehicle as it drove over or through the pothole 160p.”).
Applicant defines vehicle settings in Paragraph 48 vehicle settings include “ Vehicle settings generated in response to an event can include, but are not limited to, changes in sensor sample rate and/or sensor direction 334-0 for ADAS 324-0, changes in leveling, damping or travel for suspension control 324-1, changes in rotation limits for ABS/anti-slip system 324-2, changes in sample rate (e.g., for tire pressure) 334-3 for TPMS node 324-3 and/or changes in speed 334-4 for ECU 324-4. In addition, a warning 344 can be provided to, and output from, user IF 338-0.”). Xu teaches of modifying the speed constraints(vehicle settings) to slow the vehicle as the vehicle approaches the event(pothole). Thus the system modifies vehicle settings speed constraints (Paragraph 55 “he vehicle computer 110 can operate the vehicle 105 to travel along a path specified by a path polynomial by sending commands to actuators 120 and vehicle components 125 to control steering, brakes and powertrain of the vehicle 105 based on the current vehicle control settings that includes a longitudinal velocity U, a lateral velocity V, a yaw rate ω.sub.y, a heading direction Ø.sub.y, and a lateral offset e, and an output from the algorithm that includes the rate of change of lateral velocity {dot over (V)}, the rate of change of yaw rate {dot over (ω)}.sub.y, the rate of change of heading direction {dot over (Ø)}.sub.y and the rate of change of lateral offset ė”).
On page 10 of the applicants arguments “Rejection of Claims 4, 10 and 16 Under 35 U.S.C. §103, based on Xu in view of U.S. Patent Publication No. 20230024275 (Kong).” See examiner arguments and office action above.
On page 10 of the applicants arguments “Rejection of Claims 7-8 Under 35 U.S.C. §103, based on Xu in view of U.S. Patent No.12,002,308 (Brinkmann).” See examiners rejection and office action above.
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 IMRAN K MUSTAFA whose telephone number is (571)270-1471. The examiner can normally be reached Mon-Fri 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James J Lee can be reached at 571-270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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IMRAN K. MUSTAFA
Primary Examiner
Art Unit 3668
/IMRAN K MUSTAFA/ Primary Examiner, Art Unit 3668
3/9/2026