DETAILED ACTION
Response to Amendment
This action is in response to the remark entered on March 23rd,2026.
Claims 1,2, 10, 11, 16 and 17 are amended.
Claims 1 – 20 are pending in current application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83 (a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box).
The drawings must show every feature of the invention specified in the claims.
Therefore, applicant newly recited claim limitation regarding, “method of… operating…by…roadside distributed network node…vehicle prediction processing within…roadside distributed network node…sending, from…one of a pluarlity of additional roadside distributed network nodes…”
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al, US Pat Pub No. 2009/0033540 in view of Basu et al (US Pat Pub No.2019/0306677).
Regarding claim 1, Breed et al show a method of operating an automated vehicle control distributed network (See at least Para 0086 and 0087 for network of vehicle based control systems, reduce speed of the vehicle in all vicinity along with inter-vehicle communication system implemented upon Intelligent Highway System, ITS, Para 0276; also on Para 0284 for ad-hoc or mesh network) comprising:
detecting an emergency vehicle on a roadway (See at least Para 0087 for vehicle with emergency hazard lights on and pressed by user detected by vicinity vehicles; also on Para 0282 for emergency vehicles; also on Para 0419 for emergency response facility with high priority vehicle as host vehicle on Para 0416 and Para 0414 with probe vehicle and traffic camera);
creating a prediction model for the emergency vehicle (See at least Para 0091 and 0181 for neural network implemented for vehicle, Para 0017 and 0018 for single neural network for each vehicle, automotive vehicle steering control that is created and built upon camera image input on Para 0093; also on Para 0127 for vehicle estimated position to be learned);
sending control commands to vehicles within a distance in front of the emergency vehicle to clear a path for the emergency vehicle based on the prediction model (See at least Para 0327 for receiving vehicle with listening vehicle between 100m as in high congested area; also on Para 0366 for high priority information for immediate relevance for the operation of the vehicle that is vehicles in an expected path of travel of the host vehicle; also on Para 0284 for emergency vehicles can make themselves known to all vehicles in their vicinity and all such vehicles can then take appropriate action to allow the passage of the emergency vehicle; Para 0045 for others vehicles in front or rear are considered );
Basu et al further shows detecting by a roadside distributed network node (See at least Para 0044 for exemplary Pathside Communication Relay 306 for PCR network 40 incorporate with communication interface circuit 306/ RSU, Roadside Unit, on Para 0067),
creating prediction by vehicle prediction processing within roadside distributed network node (See at least Para 0068 and figure 5 for processing circuit 508 within PCR generate predictive information),
sending from an additional roadside distributed node (See at least Para 0048 for each PCR to communication back and forth with vehicle/ client device 304 on figure 3).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide inter-communication network node taught by Basu for vehicle control during maneuver, in order to provide continuous control data and information toward vehicle of Breed throughout the maneuver, as desired by automotive control of Breed.
Regarding claim 10, Breed et al shows a method of operating an automated vehicle control distributed network (See at least Para 0086 and 0087 for network of vehicle based control systems, reduce speed of the vehicle in all vicinity along with inter-vehicle communication system implemented upon Intelligent Highway System, ITS, Para 0276) comprising:
detecting an emergency vehicle on a roadway (See at least Para 0327 for receiving vehicle with listening vehicle between 100m as in high congested area; also on Para 0366 for high priority information for immediate relevance for the operation of the vehicle that is vehicles in an expected path of travel of the host vehicle; also on Para 0284 for emergency vehicles can make themselves known to all vehicles in their vicinity and all such vehicles can then take appropriate action to allow the passage of the emergency vehicle; also on Para 0282 for emergency vehicle is );
determining that the emergency vehicle is stationary (See at least Para 0246 for a stopped vehicle in the lane of travel of the subject vehicle; also on Para 0282 for message sent by each vehicle including emergency vehicle stated on Para 0282 toward subject vehicle for collision avoidance; also on Para 0297 for tire failure vehicle);
sending control commands to vehicles approaching the emergency vehicle to reduce speed as the vehicles approach the emergency vehicle (See at least Para 0246 for a stopped vehicle in the lane of travel of the subject vehicle; also on Para 0282 for message sent by each vehicle including emergency vehicle stated on Para 0282 toward subject vehicle for collision avoidance; also on Para 0298 for vehicle stuck in corridor with other vehicles to slow down).
Basu et al further shows detecting by a roadside distributed network node (See at least Para 0044 for exemplary Pathside Communication Relay 306 for PCR network 40 incorporate with communication interface circuit 306/ RSU, Roadside Unit, on Para 0067),
creating prediction by vehicle prediction processing within roadside distributed network node (See at least Para 0068 and figure 5 for processing circuit 508 within PCR generate predictive information),
sending from an additional roadside distributed node (See at least Para 0048 for each PCR to communication back and forth with vehicle/ client device 304 on figure 3).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide inter-communication network node taught by Basu for vehicle control during maneuver, in order to provide continuous control data and information toward vehicle of Breed throughout the maneuver, as desired by automotive control of Breed.
Regarding claim 16, Breed et al shows a method of operating an automated vehicle control distributed network (See at least Para 0086 and 0087 for network of vehicle based control systems, reduce speed of the vehicle in all vicinity along with inter-vehicle communication system implemented upon Intelligent Highway System, ITS, Para 0276; also on Para 0284 for ad-hoc or mesh network) comprising:
detecting a service vehicle on a roadway (See at least Para 0282 for message sent by each vehicle including emergency vehicle stated on Para 0282 toward subject vehicle detecting the message from emergency vehicle for collision avoidance);
detecting a sign indication on the service vehicle indicating a direction of movement (See at least Para 0298 for turn signal indicated by each vehicle including service vehicle as indication of direction movement; also Para 0092 for turns on turn signal for other vehicles);
sending control commands to vehicles within a distance behind the service vehicle to a path in accordance with the direction indicated by the sign direction (See at least Para 0128 for each vehicle has its own force field for collision avoidance including vehicle behind by sending gps signal for a control system controls steering at its own corridor and Para 0297 for the message as control command directs other vehicles to slow down for service vehicle to change lane; also on Para 0414 for host vehicle transmit information for vehicles).
Basu et al further shows detecting by a roadside distributed network node (See at least Para 0044 for exemplary Pathside Communication Relay 306 for PCR network 40 incorporate with communication interface circuit 306/ RSU, Roadside Unit, on Para 0067),
creating prediction by vehicle prediction processing within roadside distributed network node (See at least Para 0068 and figure 5 for processing circuit 508 within PCR generate predictive information),
sending from an additional roadside distributed node (See at least Para 0048 for each PCR to communication back and forth with vehicle/ client device 304 on figure 3).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide inter-communication network node taught by Basu for vehicle control during maneuver, in order to provide continuous control data and information toward vehicle of Breed throughout the maneuver, as desired by automotive control of Breed.
Regarding claims 2, 11 and 17, Breed et al shows detecting the emergency vehicle on the roadway using a plurality of roadway high speed, high resolution cameras (See at least Para 0145 for high speed video cameras; also on Para 0148 for 4K pixel image for high resolution; also on Para 0476 for camera detecting surrounding environment; also Para 0019 and 0022 for identify object type using neural network based upon image pixel input; See at least Para 0087 for emergency hazard light turn on as emergency vehicle detected for all surrounding vehicles and yielded under highway, ITS, for automated steering control using neural networks, Para 0091, where the neural network implements pattern recognition using camera image pixel input on Para 0093;
See also Para 0028 for CCD implementing artificial retina. Please also see supplemental reference);
Basu et al further shows camera operatively coupled to each of a plurality of roadside distributed network nodes (See at least figure 5D for PCR 302 includes sensor interface circuit/camera 520).
It would have been obvious for one of ordinary skill in the art, at the time of filing, to provide inter-communication network node with information capture device taught by Basu for vehicle control during maneuver, in order to provide continuous control data and information toward vehicle of Breed throughout the maneuver, as desired by automotive control of Breed.
Regarding claims 3, 12 and 18, Breed et al shows determining an emergency vehicle location and velocity using high speed, high resolution video data from the high speed, high resolution cameras (See at least Para 0145 for high speed video cameras; also on Para 0148 for 4K pixel image for high resolution; also on Para 0476 for camera detecting surrounding environment; also Para 0019 and 0022 for identify object type using neural network based upon image pixel input; See at least Para 0087 for emergency hazard light turn on as emergency vehicle detected for all surrounding vehicles and yielded under highway, ITS, for automated steering control using neural networks, Para 0091, where the neural network implements pattern recognition using camera image pixel input on Para 0093;
also on Para 0260 for mobile eye vision sensor used for detecting distance and relative velocity, please also see supplemental reference).
Regarding claims 4 and 14, Breed et al shows sending control commands comprising acceleration, deceleration and steering commands ( See at least Para 0044 for neural network for control algorithm coordinated braking, acceleration and steering control signals; Para 0091 for steering control; Para 0085 for automatically slow down).
Regarding claims 5, 15 and 20, Breed et al shows sending control commands as multicast Internet protocol packets (See at least Para 0334 for access the internet using communication channels with other vehicles as multicast utilizing wireless ethernet protocol on Para 028).
Regarding claim 6, Breed et al shows sending control commands to vehicles in front of the emergency vehicle within a distance of less than or equal to one mile in front of the emergency vehicle (See at least Para 0327 for receiving vehicle with listening vehicle between 100m as in high congested area; also on Para 0366 for high priority information for immediate relevance for the operation of the vehicle that is vehicles in an expected path of travel of the host vehicle; also on Para 0284 for emergency vehicles can make themselves known to all vehicles in their vicinity and all such vehicles can then take appropriate action to allow the passage of the emergency vehicle; Para 0045 for others vehicles in front or rear are considered).
Regarding claim 7, Breed et al shows continuing to send control commands to vehicles in front of the emergency vehicle until the emergency vehicle is determined to be stationary by the automated vehicle control distributed network (See at least Para 0327 for receiving vehicle with listening vehicle between 100m as in high congested area; also on Para 0366 for high priority information for immediate relevance for the operation of the vehicle that is vehicles in an expected path of travel of the host vehicle; also on Para 0284 for emergency vehicles can make themselves known to all vehicles in their vicinity and all such vehicles can then take appropriate action to allow the passage of the emergency vehicle; Para 0045 for others vehicles in front or rear are considered)
Regarding claim 8, Breed et al shows detecting a turn signal of the emergency vehicle (See at least Para 0298 for turn signal indicated by each vehicle including service vehicle as indication of direction movement; also Para 0092 for turns on turn signal for other vehicles).
Regarding claim 9, Breed et al shows sending control commands to vehicles in front of the emergency vehicle initiating a lane change based on the tum signal of the emergency vehicle (See at least Para 0128 for each vehicle has its own force field for collision avoidance including vehicle front/behind by sending gps signal for a control system controls steering at its own corridor and Para 0297 for the message as control command directs other vehicles to slow down for service vehicle to change lane; also on Para 0414 for host vehicle transmit information for vehicles; See at least Para 0327 for receiving vehicle with listening vehicle between 100m as in high congested area; also on Para 0366 for high priority information for immediate relevance for the operation of the vehicle that is vehicles in an expected path of travel of the host vehicle; also on Para 0284 for emergency vehicles can make themselves known to all vehicles in their vicinity and all such vehicles can then take appropriate action to allow the passage of the emergency vehicle; Para 0045 for others vehicles in front or rear are considered).
Regarding claim 13, Breed et al shows sending control commands to vehicles approaching the emergency vehicle to initiate a lane change prior to the vehicles passing the emergency vehicle (See at least Para 0128 for each vehicle has its own force field for collision avoidance including vehicle front/behind by sending gps signal for a control system controls steering at its own corridor and Para 0297 for the message as control command directs other vehicles to slow down for service vehicle to change lane; also on Para 0414 for host vehicle transmit information for vehicles; See at least Para 0327 for receiving vehicle with listening vehicle between 100m as in high congested area; also on Para 0366 for high priority information for immediate relevance for the operation of the vehicle that is vehicles in an expected path of travel of the host vehicle; also on Para 0284 for emergency vehicles can make themselves known to all vehicles in their vicinity and all such vehicles can then take appropriate action to allow the passage of the emergency vehicle; Para 0045 for others vehicles in front or rear are considered).
Regarding claim 19, Breed et al shows detecting the sign indication on the service vehicle indicating a direction of movement, using a plurality of roadway high speed, high resolution cameras (See at least Para 0298 for turn signal indicated by each vehicle including service vehicle as indication of direction movement; also Para 0092 for turns on turn signal for other vehicles;
also at least Para 0145 for high speed video cameras; also on Para 0148 for 4K pixel image for high resolution; also on Para 0476 for camera detecting surrounding environment; also Para 0019 and 0022 for identify object type using neural network based upon image pixel input; also at least Para 0087 for emergency hazard light turn on as emergency vehicle detected for all surrounding vehicles and yielded under highway, ITS, for automated steering control using neural networks, Para 0091, where the neural network implements pattern recognition using camera image pixel input on Para 0093).
Response to Arguments
In response to applicant’s remark that Breed et al does not shows applicant newly recited claim limitation;
however, applicant’s attention is now directed to Page 4 above; where applicant recited claim limitation is now addressed under Breed et al in view of Basu et al.
In this instant case, Basu et al exhibited each path side communication relay, PCR 302, with a network 300 on figure 3, where each individual PCR 302 utilizing indiviual communication interface circuit/RSU 306 for communication purpose;
the vehicle prediction process is done by processor 506 within PCR 302 apparatus structure shown on figure 5 where each PCR 302 also includes/coupled with camera 520.
Figure 3 further shows each PCR coupled with RSU created a network for communication purpose in pluarlity additional node, PCR 302(1)/(2) utilizing the RSU 306 (1)/(2) sending information.
Further, upon further review during examination, skilled in the art could not locate the drawing illustration for the method recited in independent claims as the main controlling invention that ought to be provided commensurately. Appropriate further supplemental is required.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shan et al, Optimization of Electrical Stimulation for a High- Fidelity Artificial Retina, IEEE EMBS Conference on Neural Engineering, March 2019, Target visual stimulus at pixel x1 dimension, 80 x 40 pixel grid at 120 HZ refresh rate, ON/OFF parasol for day and night vision.
Mobile eye, EyeQ3 and EyeQ4 SoC, relevance of traffic light, hazards, Level 2 and 4 autonomous drive based on sensor input implementing neural networks.
McIntosh, US Pat Pub No. 2022/0055657, autonomous vehicle, ai algorithm on each vehicle as model, vehicle traffic yield right of the way for fire truck, ambulances, authority vehicle/police car stop and search, V2V, V2I, Automated Drive System, ADS, to control speed, acceleration, deceleration and steering, Lawful Stop and Search, LSS, command to stop/change route, command for emergency stop, stop, slow, yield, pull over park, route all vehicles within command range, LSS illuminator for physical enclosure envelope for protection around enclosure, road closed for automated vehicle.
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Cho et al, US Pat Pub No. 2023/0063133. Figure 2 – 7.
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Hayward, US Pat No. 9,841,767.
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/Ian Jen/Primary Examiner, Art Unit 3657
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